chance vers Adam misrecital of the title of a public Act though the party  confine himself by the word contra form to cause to stand not fatal S C cit  vin pl vide Mod salk salk pl in debt upon a penal statute the plaintiff must  particularize each offence d send for post in debt against a guager for not  leave note of his guages the plaintiff must specify the kind of liquor guaged  where the whole penalty in a popular action be give to the informer he be not  bind to bring such action within a year after the cause of action accrue debt  for the plaintiff declare that whereas by a Act for grant several rate upon  tonnage of ship and vessel it be enact that if any guager guage any fat c of  beer ale c and do not leave a true note in write of the last guages take with  the brewer c contain the true quantity and quality of the liquor guaged he  shall forfeit for every offence then the plaintiff show that the defendant be  a guager and that the Nov will mark he guaged diverse vessel of the plaintiff  of exciseable liquor c and do not leave a note in write c and that to visit  time after the that of Nov and before the bring of the action he guaged  several vessel of the plaintiff and five other person of exciseable liquor and  do not leave a note in write c contra form to cause to stand unde action to  grow progressively to the plaintiff to demand the forfeiture amount to so much  at five pound a time the defendant demurrer and it be object on the part of  the defendant that the plaintiff have mistake the Act for the Act be for  tonnage of ship but the plaintiff have declare upon the Act which be to grant  several rate for tonnage and ship but there be no such Act then the plaintiff  restrain himself by a contra form to cause to stand when there be no such Act  the declaration be ill hut Parker case say non allocatur for the title of the  Act be no part of the Act and therefore it be but surplusage and misrecital  shall not vitiate Hardr in the case of the attorneygeneral Lord Raymond vers  Hutchinson pocock by hale chief baron and Powell senior justice say that it be  so adjudge in the house of peer between Darwin and the earl of Monmouth and by  Treby chief justice the title of the Act be but a hue usage and begin about  her but the misrecital of the purview or exact part always vitiate Lord  Raymond er p the second exception be that the plaintiff ought to have say  postea videlicet such a day the defendant guaged c and ought not to have say  so general to visit time c and of this opinion be the whole court for the  proof be incumbent upon the defendant that he have leave a note c but it be  impossible for he to provide witness to answer the plaintiff charge if he do  not know at what day the plaintiff will charge he see roll Abr Ashkns case pl  the three exception be that he have say diverse exciseable liquor which be too  general for he shall have specify what liquor to the end that the court may  have judge whether they be exciseable or not of which opinion the whole court  be and therefore judgement be give for the defendant another exception be take  that it appear upon the plaintiff declaration that he have mistake his time  for it appear that a year be expire after the fact commit before the bring of  this action and therefore it be bar by Elizabeth cap but as to that Nevil and  Powell senior justice rely upon a case between Culliford and Blandford adjudge  since the revolution where a action who tam c by bill be bring in B R for have  make a false return of a burgess to serve in parliament the false return be  lie to be in march and the bill be file term march so that it appear upon the  record that more than a year be elapse and upon error bring in the exchequer  Chamber it be resolve by the majority of the judge then present there that  where the informer ought to have the whole penalty the statute of Elizabeth do  not extend to it because it be not within the word of the Act and penal act be  not extendible by equity but Treby chief justice and Powell junior justice be  of opinion contrary to that judgement for if the informer shall be bind when  the queen be join with he much more shall he be bind when he sue by himself  note Treby chief justice Rokeby justice of c b and Powell bar hold that for  the say reason the judgement in the case of Culliford and Blanford ought to be  reverse but Nevil and Powell justice of c b and Lechmere and Nevil baron hold  the contrary a W m c S