case bluet who tam c vers needs in c b enter trin geo two in a action who tam  on a statute it be sufficient to say that a person be not qualify without show  that he have not a year or any other estate which make a qualification in a  conviction it be otherwise burn just p bluet clerk who tam pro poor man how  pro see Self exhibit his bill on the d of January in Hilary term last against  the defendant a attorney of this court for debt for that at Holcomb king in  the county of Devon on the that of November comens the defendant do use a gun  to kill and destroy the game whereas he be not qualify so to do by the law of  the realm whereby a action accrue to the plaintiff to demand part of the say  second that on the that of January he do keep another gun to kill and destroy  the game not be qualify c for which a action accrue for other three that on  the same day he expose to sale six hare against the form of the statute  whereas he be not qualify in his own right to kill game whereby a action  accrue to demand residue of the defendant plead that he owe nothing and in  arrest of judgement move first that the first count be not good since by the  stat Ann c see it be enact that if any person not qualify by the law of this  realm so to do shall keep or use any greyhouds set dog hays lurchers tunnel or  any other engine to kill and destroy the game and shall be convict c before a  justice of peace he shall forfeit but a gun be not mention in this Act and  therefore when b the statute Geo c it be enact that person liable to be  proceed against before a justice of the peace for any pecuniary penalty or sum  for any offence against the law for the preservation of game may be proceed  against by information before a justice of the peace or by action of debt or  in case c before the end of the next term after the offence c but debt lie not  unless the offence be within the statute annae c second it be not sufficient  to say that he be not qualify without show that he have not a year or any  other estate which make a qualification in the case of the queen v George Mod  in the queen bench Ann it be hold that a conviction comens on the statute W m  c show that the defendant to step out mask dissolute c do hunt and kill so  many hare c ought to be quash because it do not show that he be not qualify  three the sell six hare together be but one offence and by the statute Ann c  which enact that if any person whatsoever not be qualify in his own right to  kill game shall sell or expose to sale any hare pheasant c he shall forfeit  for every offence such penalty as on higglers c by the statute Ann c be  inflict videlicet the sum of which ought not to be understand for every hare  pheasant c but for all sell at once but the penalty on higglers c by the stat  Ann c be the sum of for every hare pheasant c as to the first objection a gun  be a engine to destroy the game so as to the second objection we have exact  pursue the word of the Act and if the defendant have be qualify be must show  it as to the three objection that all be one offence the statute Ann refer to  the statute annae which give for every hare c comens er p and though it be  object now at last that the jury find but without show to which of the offence  it be to be apply it be to be observe that this be a action of debt for and  the several offence after mention make up that sum and the jury may find that  the defendant owe but part of the debt and per cur as to the first objection  the averment of his not be qualify be sufficient since the word of the Act be  pursue and the defendant may come and show comens his qualification indeed  conviction have be quash for not set forth what be his want of qualification  because it must be make out before the justice that he have no such  qualification as the law require and therefore the justice ought to return  that he have no manner of qualification before be can convict the defendant as  to the second this be after a verdict and it be matter of evidence whether a  gun be a engine to kill and destroy game as to the three the statute Ann say  not that he shall for every offence pay but shall forfeit the penalty of the  statute Ann on higglers and which be for every hare c and be a debt the jury  may find part of the debt judgement be give for the plaintiff