coke b PLAYTERS case mich Elizabeth in the king bench trespass quare enclosed  space to break in pieces pisces swine to take in hand c without show the  number or nature of the fish upon not guilty plead and verdict for the  plaintiff with entire damage judgement be arrest the declaration ought to  reduce the generality of the writ to particularity and ought to comprehend the  fish in certain if the damage have be sever videlicet so much for the fish and  so much for break the close then the plaintiff shall have recover damage for  break the close with his cost the omission of the nature and number of the  fish be matter of substance and not of form to be remedy by stat Elizabeth  want of form to be remedy by the say statute be such matter of course as the  clerk may have supply without information of the party Playter bring a action  of trespass against warn quare enclosed space suum to break in pieces palm Cr  James a pisces Ventr W Jones cro car lev b swine to take in hand c without  show the number or nature of the fish the defendant plead not guilty and be  find guilty to the damage c and now this term in arrest of judgement it be  show that the declaration which by the law ought to be certain because it be  in a manner the foundation of the suit be in the case at bar altogether  uncertain for two cause it do not appear by the declaration of what vent roll  Rep hard palm Cr car Cr Elizabeth roll Rep c nature the fish be pike tenches  bream carp roaches c the certain Cr car Plowd b Cr Elizabeth roll Rep roll Rep  Cr James Hardr godb vent d number of they do not appear but general pisces  swine to take in hand to which it be answer by the plaintiff counsel coke  report a er p that it be good by the commonlaw for the verdict have find the  defendant guilty to damage and therefore it be not now material of what nature  or of what number the fish be but take of fish to damage in which case the  verdict have make the declaration if it want form good they conceive that the  declaration in a action of trespass without express the number or nature of  the fish be good enough forasmuch as the fish themselves be not to be recover  but damage for they as in h in a writ of Doct pl h a Fitzherbert Disceit a  deceit for purchase and cast a protection and do not show in certain of what  nature the first writ be as in formedon assize or other writ which be delay by  the protection and yet the writ be adjudge good and in trespass on the case  the writ be coke a that the plaintiff do retain the defendant pro a certain  money summa solvend c without show the quantity of the sum and yet hold good  in h b if the law do require more post a   a salk Geo cap b certainty as to  the fish then it shall be intend that the judge before who this issue be try  do direct the jury to find the defendant guilty only for the close for which  the declaration be good and not for the fish for which the declaration be  insufficient admit that the declaration be insufficient in the form thereof by  the commonlaw and that it be not make good by the verdict yet they conceive  that it be remedy by the stat of Elizabeth cap for the statute of h c do not  extend by count by which Act of be Elizabeth after verdict it be provide that  all default in form in any writ original or judicial count declaration plaint  bill or demand be remedy and judgement for they shall not be stay and it be  say that the omission of the number and nature be but of the form and not of  the substance of the action but the substance be for the take of the fish but  it be resolve by sir Chr Wray chief justice sir t gawdy and the whole court  against the plaintiffserjeant William observe note tailor v well sand that  this omission it shall seem will now be hold to be cure after verdict either  at commonlaw John v Wilson cro James or by the statute car c and after a  general demurrer or judgement by default by stat Ann c even if the action be  mere for take the plaintiff fish but if the declaration be for break the close  as well as for take his fish without specify their number or kind it seem it  will be good even upon a special demurrer because break the close be consider  as the principal ground and foundation of the action and take the fish as  matter of aggravation only Layton v Grindall salk chamberlain v Greenfield  will and the learned serjeant further observe that the law do not require so  much precision and certainty in the description of the good as former for if  they be describe accord to common acceptation it be sufficient Vid the note  and the case there cite and Vid pope v tillman taunt sc  b more that a  declaration in replevin for take diverse good and chattel be bad for the  uncertainty and be not cure by stat Ann c after judgement by default for there  must be something to guide the party as to the good take Vid note I Pinkney v  Cs of Rutland sand and note that although in trespass and trover a count for  take end of deal board or for diverse quantity of chinaware c Vid the instance  in serjeant williams note where sup be good after verdict or judgement by  default c yet in assumpsit if the count omit to state the value of the good it  be have on special demurrer and semble the value ought to be state in trespass  and trover mayor of read v clarke barn Ald a and as to the saint and d  objection it be answer and resolve that the declaration be insufficient and be  not make good by the verdict for the declaration ought to reduce the  generality of the writ to particularity and to declare that which be brief  touch in the writ in certainty to which the defendant may have a certain  answer and on which a certain judgement may be give because   light a a postea  a a march hard a oporlet quod serra res to lead in judgment and true it be if  this action have be bring by original the coke report b er p writ shall be  general but the declaration ought to have comprehend the fish in post hard    light a blow Com Cr car roll Rep godb Cr Elizabeth latch Cr James palm vent  Jones Doct pl kelw pl Noy bendl b certain and therewith agree all the  precedent and h b where the writ be quare piscen Br general brief Doct pl cit  Fitzherbert brief Br brief Br faux Latin c to take in hand and declare of so  many pike in certain and although the writ be piscen in the singular number  yet it be well for fish be nomen proceeding by inference in which the plural  number be comprehend vide h a b send for that Fitzherbert brief Br faux Latin  d the certainty of the fish shall be allege in the declaration and great  inconvenience will thereof follow for unless the issue have certainty with  which the jury may be charge on such a general uncertainty they can be charge  in attaint if they give a false verdict as to the three objection it be answer  and resolve that when the juror have find the defendant guilty sand lane e  general of the trespass in the declaration c that without question do extend  to both the trespass and no such intendment shall be take as be object but if  the plaintiff counsel have do wise they will have cause the damage to have be  more f sever that be to say so much for the fish and so much for break the  close and then the plaintiff coke b shall recover damage for break the close  with his cost as to the last objection it be agree by the whole court that the  omit of the nature and number of the fish be a matter of substance and not of  form to be remedy by the say statute of Elizabeth c g Elizabeth for want of  form within the say Act be such matter of course that the palm Cr car postea a  Leon h clerk may have supply and amend it without any information of the party  for the party ought to inform the truth of the matter and the clerk ought to  draw it in form but in the case at bar the clerk without information of the  party can not know the nature or the number of fish and therefore it be not  want of form within the purview of the say Act but Wray chief justice say that  every Jones I misprision of a clerk in a thing which he may have supply and  amend without information of the party be not remedy by the say Act as if a  writ be bring against executor in the hut before a b Cr James   a Cr Elizabeth  roll more Bulst Cr car palm Noy roll Rep still Poph IBrownl Browril Mod Rep  allein Lit Rep keb side Jones hob vent king debet and to hold off this be the  fault of the clerk but because it be in matter of substance that be to say in  the point of the action and not want of form as the statute speak it be not  remedy by the say Act so there be a difference between matter of course and  matter of substance which the clerk may have amend Vid note a hargrave case  ante p b b coke report a er p