case willet against TIDEY easter term William and mary roll on a general  verdict in favour of the defendant in a action where special case and general  indebitatus assumpsit be join if the judge certify that the defendant justify  as a officer under a Act give Triple cost the court will award they on the  assumpsit though it do not otherwise appear that the defendant take the money  as a officer SC Carth SC Mod SC than Abr declaration in case upon a  indebitatus assumpsit for twenty shilling have and receive to the plaintiff  use at any time etian the defendant a collector of the tax assess will and  mary in the county of Sussex have seize several good of the defendant by  colour of nonpayment of the tax and have sell they for less than lie may have  procure for they by twenty shilling to the plaintiff damage forty pound the  defendant imprudent enough plead a non assumpsit to the first and non worthy  of blame to the other a verdict in person Rookesby general for the defendant  the judge of the assize certify on the back of the postea that the defendant  justify by the Act of I will and mary for the tax c but Mr John Ashton refuse  to tax Triple cost I move the court for Triple cost on the clause in the Act  that if any action c for what he and they shall do in pursuance or execution  of this Act such c may plead the general issue and upon issue join shower KB  may give this Act and the special matter in evidence and in case of nonsuit  discontinuance or verdict against the plaintiff the defendant shall have  Triple cost Mr darnel oppose upon the case of stone v linger cro car action  against the churchwarden for a false presentment where double cost be deny on  the James c b because a special action of the case for a misbehaviour in their  office and not trespass or false imprisonment whereon liberty be give to plead  the c ante Yelv cro Elizabeth side lev vent Carth salk sand see also Com dig  pleader f a for it be agree by all that the special action on the case and the  assumpsit be inconsistent and that the defendant may have demurrer to the  declaration for it require a different and double answer SC Carth see also lev  b see also James c and Geo c shower KB er p general issue and show the special  matter in evidence and the case of Kentinal v smith cro car Jones but I answer  e contra that the pen this Act be different for it be upon it any issue join  this be not for a misbehaviour in the office but in disaffirmance of the power  by which we be collector we receive twenty shilling by virtue of the Act the  plaintiff say we receive it to his use for we have no power or authority to  receive and therefore bring a indebitatus now we plead non assumpsit and upon  the trial we give in evidence the Act and the verdict for we and the judge  certify accord and therefore I pray Triple cost on that account with the other  I meddle not and so the rule be for Triple cost