Charles maiden who c against John bartlett where the informer sue for the king  and himself be entitle to no part of the forfeiture the whole shall be adjudge  to the king the plaintiff exhibit a information in this court set forth that  he seize to the use of his majesty and himself as forfeit a parcel of tobacco  stalk or stem strip from the leaf for that they be import from part beyond the  sea into great Britain contrary to the statute in that case make and provide  whereby they become forfeit and the prayer of the information be that they may  remain forfeit the usual proclamation be make for any one to come in and show  cause why the good shall not remain forfeit and a writ of appraisement be  issue and return and the second proclamation be make John Bartlett come in and  claim property and plead that the tobacco stalk be not import contrary to the  statute the attorneygeneral join issue and there be a verdict for the king Mr  starke and Mr perrott move in arrest of judgement and take several exception W  Parker the information and Mr solicitorgeneral sir Thomas Bootle and other be  hear in answer to they and after some time take to consider of the exception I  deliver the opinion of the court for the king this information be ground on  the act Geo c S and be it declare and enact by the authority aforesaid that  all tobacco stalk or stem strip from the leaf shall be prohibit to be unsorted  and on seizure and condemnation thereof the commissioner of his majesty custom  shall and may cause the same to be public burn and shall and may allow the  officer for his encouragement in make the seizure one penny for every pound  weight of such stalk or stem so seize and condemned clear of all charge of  condemnation it be object by the defendant counsel that the seizure be allege  in the information to be to the use of the king and the plaintiff whereas the  tobacco stalk upon condemnation be to be burn and the officer can have no part  or benefit from the thing seize and the penny in the pound he be entitle to be  collateral and to enforce this objection they insist on the statute of the  that of Geo c S and whereas by the present practice of the court of exchequer  and elsewhere it be become necessary for all officer of the custom and excise  and other Parker er p officer of the revenue upon the trial of any information  of seizure to give proof of the exact method and manner Parker of make the  seizure with a account of the form of word use on that occasion  notwithstanding the defendant in such cause do on the claim of such good  acknowledge that a seizure of they have be make whereby there often happen a  failure of justice and his majesty and the officer make the seizure and  prosecute the same be frequent defeat of their right without enter into the  merit of the cause for remedy thereof be it further enact by the authority  aforesaid that on all trial of seizure whatsoever in the court of exchequer or  elsewhere the seizure together with the method and form of make it shall be  take to have be make by the person or person who shall inform and sue for the  same and to be do in the manner as set forth in the information without any  evidence thereof and all judge and justice of the peace before who any such  seizure shall be bring to trial or hear be hereby require to proceed to the  trial of the merit of the cause without inquire into the fact form or manner  of make the seizure it seem to I that this act have only dispense with the  proof of the seizure and manner and form of make it but that a proper seizure  ought still to be allege for the word be that the seizure shall be take to  have be do in the manner a set forth in the information without any evidence  thereof and judge be to proceed to the trial of the merit without inquire into  the fact form or manner of make the seizure Parker by the statute Charles c S  seizure of prohibit or uncustomd good be confine to the officer of the custom  by Geo c S no information be to be file for the recovery of any penalty by the  law of the custom but by the attorneygeneral or a officer of the custom and  the very clause on which this information be ground suppose a seizure legal  for it speak of a seizure and condemnation and for the encouragement of the  officer make the seizure give he a penny in the pound but it be saidAdmitting  the plaintiff can seize these tobacco stalk yet he can not seize they to the  use of his majesty and himself because they be to be burn and I must confess  that in strict propriety this do not seem to be altogether right for though  this be a seizure pro good public and to prevent a public detriment may be say  to be a seizure for the king as supreme head of the kingdom and as have the  executive power of the law in he yet I do not well understand how it can be a  seizure to the plaintiff own use and shall have think it better if it have be  lie general that he seize these tobacco stalk or that he seize they to his  majesty use but I apprehend this allegation to be only surplusage and it be a  general rule that surplusage will not hurt in legal proceed Parker in  Wrottesley and Adam Plowd it be object by Anthony brown that the writ be not  good because the word of it be that the prior and convent demise to the  plaintiff whereas the convent be dead person in law and can demise any thing  but it be only the demise of the prior but Lord dyer hold the contrary for  since it be apparent in law that the convent can demise it be to be adjudge  nothing but surplusage which shall not abate the writ so here since it be  apparent that the officer can not seize to his own use it be only surplusage  and will not vitiate this information say but the objection which be most rely  upon be that this information be not maintainable because the plaintiff can  recover no part of the forfeiture as the tobacco stalk upon condemnation be to  be burn and the defendant counsel in support of it cite cuff and Vachel I and  action on the d of queen Elizabeth for not come to church whereby a forfeiture  of twenty pound a month be incur to the queen and then the act distribute the  forfeiture between the informer the queen and poor of the parish and it be  object that the whole forfeiture be give to the queen and that therefore the  informer can not sue because it be absurd that any one shall sue for what  belong to another but the court hold that the distribution be not void but  that the informer be entitle to a three of the forfeiture and that therefore  the action be well bring Parker and indeed this case accord to the observation  make at the bar do Parker er p seem to imply that a informer can maintain a  information where he be not entitle to the forfeiture or any part of it it  must be admit that the plaintiff can have no part of the tobacco stalk nor can  he have judgement on this information for the penny in the pound give by the  act for the judgement be only that the tobacco stalk do remain forfeit and  that they be burn accord to the act but I think that this consequential  benefit of a penny in the pound will entitle the plaintiff to prosecute to  condemnation for otherwise there will be as my brother Smythe observe upon the  motion a right without a remedy but suppose the act have give the officer no  benefit the information will have be good accord to the authority I shall  mention which be contrary to the case of cuff and Vachel roe against roe hard  in a information at the suit of cross as well for the king as himself for sell  and import to be sell foreign woollen and I suppose there be a verdict for the  plaintiff though that be not state but the book go on that afterward judgement  be give for the king only because no act of parliament give the informer a  share Parker Oldfield who c against Blaydwin enter mich whether roll  information upon the statute I W m c continue by W c for carry fleece of wool  contain tod and pound weight within five mile of the sea coast in order to  exportation without due entry make of it and the plaintiff demand a moiety  after a verdict for the plaintiff the defendant in easter term that of whether  move in arrest of judgement and the exception take to the information be that  the whole forfeiture be give to the queen and yet the plaintiff demand a  moiety of it and on great debate by eminent counsel on both side judgement be  give in Trinity term follow for the queen for the whole forfeiture this  information be agreeable to all the precedent for import tobacco stalk  contrary to the act Geo c judgement be accord give for the king in the present  case Parker trinity term geo but enter michaelmas saint OF say king roll