bennet vers TALBOIS S c Mod Carth comb holt Com salk Mod hunt in another solon  be actionable at commonlaw trespass quare enclosed space to break in pieces et  herban cum two cow concaleavit et to use up et in enclosed space hunting to be  c existent below artifice videlicet pannario et alian irregular c and Lord  Raymond conclude contra form to cause to stand upon not guilty plead verdict  for the plaintiff and web move in arrest of judgement that it be not say that  the defendant be not qualify by estate to hunt without incur the penalty of  the Act for if he be he may hunt by law but to this it be resolve by the court  that hunt be a trespass in another solon at commonlaw and actionable then the  new statute will mark cap S only as to this point of inferior tradesman repeal  the statute of car cap which enact that the party shall recover no more cost  than damage when the jury give damage under forty shilling but no Act enable  the party to hunt in another ground and therefore it be not material how the  person be qualify in the case of a inferior tradesman as to his estate then it  be move that the plaintiff have conclude contra form to cause to stand this go  to the whole and therefore it be ill for the trespass be a offence at  commonlaw and not against any statute but to this holt chief justice answer  that a if a Act of parliament increase the penalty or deprive the party of the  benefit of the commonlaw there he ought to conclude contra form to cause to  stand but if a man bring a action for such a offence and for a thing that be a  offence only at commonlaw and conclude contra form to cause to stand though in  grammar this go to the whole yet the court will refer it only to the offence  that be prohibit c by the statute and it shall be surplusage as to the offence  at commonlaw and he resemble it to the case of page and Harwood Allen so if a  man bring a action for a offence contra form to cause to stand where there be  no statute there the contra form to cause to stand shall be surplusage and he  cite a case in vent where a bring a action for withdraw his wife contra form  to cause to stand and because there be no statute this be adjudge surplusage  but in this case the Act of will mark do not create a new penalty but be a  restitution of b the commonlaw and therefore the party have no need to declare  with contra form to cause to stand and therefore it will be the better way  hereafter to omit the contra form to cause to stand in such case and if the  plaintiff declare that the defendant be a inferior tradesman he shall have  full cost then here since he have declare with a contra form to cause to stand  where there be no need of it without doubt it shall be surplusage and  therefore judgement be give for the plaintiff nisi c and in easter term it be  absolute give for the plaintiff a a conclusion contra form to cause to stand  be proper where a statute increase a penalty or take away the benefit of the  commonlaw a conclusion contra form to cause to stand however it may refer  grammatical shall be extend to such thing only to which it be in fact  applicable b this dictum seem rather inaccurate a party not be entitle to cost  at commonlaw vide will Inst say cost Lord Raymond er p