case barn against Edgard in trespass for enter the plaintiff close and impound  his cattle he shall have full cost though the damage be under forty shilling  vent Mod ray Mod comb skin Mod fitzg Mod will stram ld ray bunb Com dig Bac  Abr burr pale yellow Eq case dougl bull n p term Rep term Rep term Rep  trespass for break his close and impound of his cattle upon not guilty plead  the plaintiff have a verdict but damage under forty shilling Mr Livesay the  secondary thereupon refuse to tax full cost allege it to be within the statute  of car c by which it be enact that in all action of trespass assault and  battery and other personal action wherein the judge shall not certify upon the  back of the record that a battery be prove or the freehold or title of the  land chief in question if the jury find the damage under forty shilling the  plaintiff shall recover no more cost than damage modern er p Mr pollexfen move  for cost allege that this Act do not extend to all trespass but only to such  where the freehold modern of the land be in question see the case of cockerel  v Allanson in the king bench Trinity term Geo ms and dougl a if the action  have be for a trespass in break his close and damage give under forty shilling  there may not have be full cost but here be another count for impound the  cattle of which the defendant be find guilty and therefore must have his cost  the like case be adjudge in this court in Hilary term last smith v Batterton  raym Jones b which be trespass for break and fling down stall in the  marketplace the plaintiff have a verdict and twopence damage by will c S in  all action of trespass bring in the court at Westminster wherein at the trial  of the cause it shall appear and be certify by the judge under his hand upon  the back of the record that the trespass be wilful and malicious the plaintiff  shall have full cost see also Geo c S c and upon a debate whether he shall  have full cost the court be of opinion that it be not within that statute  because the title can not come in question upon the destruction of a chattel  in the principal case the plaintiff have ordinary cost see the case of Clegg v  molineux dougl Knightley v Buxton sayer on cost cotterell v Tolly I term Rep  mare v greenaway I h Bl Rep late v fry Mr rise edition comens Rep see also  bull n p Mr kyds edition of Com dig vol a and Mr hullock on cost where all the  case upon this subject be collect d easter term the thirtysixth of Charles the  second in the king bench sir George jefferies Knt chief justice sir Francis  Wythens Knt sir Richard Holloway Knt sir Thomas Walcot Knt justice sir Robert  sawyer Knt attorneygeneral Heneage finch Esq solicitor general