case bennet against Talboys declaration contra form to cause to stand where  some thing be within the statute and other not be good for as to those which  be not it be surplusage S c Com Rep S c ld ray S c salk S c comb S c Carth S c  Mod S c holt trespass for break and enter his close and tread down his grass c  nor in eoden enclosed space hunting to be England do hunt eoden to ward off  existent artifice inferiore England a inferior tradesman videlicet pannario  contra peace et contra form slat verdict on not guilty for the plaintiff and  it be move in arrest of judgement that the conclusion of contra form slat go  to the whole count and part of the trespass contain be not forbid by any  statute wherefore the whole count be void modern report it be answer that  there be three several trespass lie in the count which be distinct from each  other and so many several count so that contra form slat go only to the latter  to which it be annex holt chief justice say if a Act of parliament increase a  penalty or deprive a man of any benefit which he have before at commonlaw then  if you count on the statute and do not bring yourself within it and conclude  contra form slat it be nought and if there be no Act of parliament at all and  you conclude contra form slat it be only surplusage so be the case of ware v  Richill a but now the question be here what shall be do on a Act that give a  increase of cost wherein it only restore the commonlaw which be take away by  car in this count be several trespass allege the latter whereof be only within  the statute and the conclusion of the count be contra form c which though in  grammatical construction it go to the whole count yet in law it go only to the  hunt not be duly qualify and why may we not apply it only to the latter part  and reject it as to the rest as surplusage as be do on a indictment in the  case of page v Harwood b judgement for the plaintiff and that see the hunt and  break the close can be separate the plaintiff shall have cost accord to the  new statute