case CALLIFORD against BLAWFORD see SC Mod e r with note if a statute give a  penalty to the party grieve provide he sue for the same in three month and if  he shall not sue then to any person who shall sue a stranger who sue for this  penalty be entitle to the whole of it be not a common informer within  Elizabeth c and therefore not oblige to commence such suit within the year a  latitat sue out within the year be a sufficient commencement of the suit to  avoid the statute of limitation SC Mod SC comb SC Carth SC Mod SC holt SC cite  ld ray the plaintiff bring a action on the statute Henry c for a false return  of a burgess for Dorchester the defendant be mayor on that clause which give  to the king the penalty of forty pound and moreover to the party choose and  not return or to any other person as in default of such person choose will sue  forty pound the party grieve to bring his action within three month after the  commencement of the parliament and if he do not any other to have the same  action shower KB on the general issue plead the evidence be that a latitat be  sue out within the year but the bill file above a year after the cause of  action and verdict for the plaintiff but the postea stay till the opinion of  the court be have thereon and now by eyres justice the question be whether  this plaintiff be a common informer that he must bring his action within the  year by force of Elizabeth c and I be of opinion that he be not a informer  within that law he be not the party grieve but come in default of the party  grieve and the king have nothing of the penalty a common informer within that  statute be only where he be to have but part of the penalty the Elizabeth c  limit no time where the party be to have the whole penalty no more than it do  to the party grieve a and therefore he be not a common informer within the  statute and if he be the bring of a latitat be a good commencement of the suit  side and therefore judgement ought to be for the plaintiff Gregory justice ad  idem that the party who sue in default of the party grieve be not limit to any  time nor within Elizabeth c dolbin justice doubt if it be not within Elizabeth  c but clear of opinion that the latitat sue out be a sufficient commencement  of the suit and it have be always hold good to avoid the statute of limitation  and as good as a original No advantage can be take of this upon evidence but  upon plead the statute of limitation holt chief justice here be fourscore  pound to be forfeit forty pound to the a see hawk p c a see Noy cro car    shower KB er p king the party grieve be to have another forty and now come a  informer in his default and in his default bring this action for his own  penalty only if the king be to have nothing then he be out of Elizabeth c but  here the king be to have a part suppose he have bring his action for the whole  the king and his own will he not be within Elizabeth c I do for my part doubt  this matter then for the latitat though it be good to avoid the statute of  limitation yet it be not good to charge a man with a penalty in the former he  can take advantage of it but upon plead but here advantage may be take of this  upon the general issue and this man may have sue out a original if he will a  latitat be never construe to be a commencement of a suit upon a penal law and  the time must be reckon from before the fill of the bill the bill ought to be  within the year b but for the other point I doubt shower KB eyres justice he  can not have bring his action for the king penalty for that be distinct then  forty pound more to the party grieve then he come in default of the party  grieve and can only demand that forty pound holt chief justice why can not the  king penalty be sue for by he if the informer sue after the year for both it  be ill for his own but shall serve for the king because he have two year eyres  justice they be two penalty in several right holt chief justice they be one  penalty several distribute they be but for one offence and the informer may  sue for both judgement for the plaintiff c