case the king against stanton a information lie for cut down the bank of a  public river and thereby divert the course of the water although that part of  it be by Act of parliament vest in private person and a action given they for  damage do to it information for cut down the bank of the river Wye whereby the  watercourse be invert it be urge that this river and the cut of the soil be  settle by Act of parliament in the five year of queen Elizabeth and that by  that statute a action be give it be by the Act make a private interest and  therefore they will have no information to lie for by the special verdict it  be find to be make a navigable river by the Act b and therein be new remedy  thereby provide so that they be exclusive of all other a affirmative statute  concern any thing that be not at the commonlaw imply a negative of all other  thing and in cro James castle be case it be resolve that when a statute  appoint a penalty for any thing that be c the court at first doubt but  afterward upon the authority of Bayley v Garford march as state above give  judgement unanimous for the defendant SC lev see the case of Michael v  Stockworth and Andrews where in debt on bind the jury find that the defendant  seal and deliver the bind as their deed and that after issue join and before  the nisi prius the seal of Andrews be take from the bind and it be adjudge a  good bind Owen for it be the defendant deed at the time when the issue be join  and the trial shall relate to it although the deed be cancel afterward SC cro  Elizabeth but it be agree that have it be break off before issue join it will  have avoid the bind vide above and therefore in the case Nichols v Haywood  where the seal be break from the bind on which the action be bring the jury by  the opinion of all the judge be charge to inquire whether it be the defendant  deed at the time the plea non be factum be plead dyer a sir Thomas Twisden  knight and baronet to who place sir William dolben succeed be not discharge  from his office but his attendance on the duty of it be dispense with by  reason of his age and infirmity and he be allow a pension of a year from the  crown he die in the month of January at his seat in the county of ken ray b  the river Wye and lugg be make navigable by the statute will c and Geo c and  see Geo c and Geo c S by which the offence of malicious cut the bank of any  river make navigable by Act of parliament be declare to be felony shower KB er  p not a offence before and prescribe how it shall be recover the party shall  be punish that way and not by indictment and in our case by the statute they  be to have Triple damage and therefore not to be punish by indictment or  information for then they may be punish both way c Mr pollexfen e contra for  the king there may be damage to the party grieve and yet a indictment too as  in case of forcible entry the remedy of the party at commonlaw be not take  away by affirmative shower KB statute in castle be case the fact be no offence  before the statute but here it be a indictment and action will lie for a  nuisance though in a private man soil and so for a trespass way et arms in a  private man house both action and indictment lie d and judgement for the king  by the whole court