case the king against ashton a summary conviction on the Geo c for destroy  fruittree must state judgement of forfeiture and the particular punishment  prescribe by the statute for if it only say quod intimacy be it be erroneous S  c Sess case the wife of Ashton be convict by two justice upon the statute Geo  c for destroy fruittree the punishment for which offence be to be send to the  house of correction for three month and to be public whip once in every month  during that time it be move to quash this conviction first because it do not  specify the punishment inflict by that statute for that be a particular  punishment videlicet to be send to the house of correction for three month c  ought to be set forth in the conviction special since this offence be to be  beard and final determine by the justice second it be only a conviction of the  offence therefore to look at closely be per our quod intimacy be Wearg contra  first there be two distinct punishment inflict by the statute accord to the  circumstance of the case for if the offence be commit where there be a house  of correction the offender be to be imprison for three month and if none then  for four month in the common gaol so that the authority to convict and to  commit be distinct second no judgement be necessary for it have be hold that a  wrong judgement or a erroneous distribution of a penalty will not vitiate a  conviction the court seem clear to quash the conviction for there ought always  to be a modern report er p judgement quod forisfaciat or quod To bring  together for the Act give no pecuniary forfeiture in the case of king v hawk a  conviction for kill deer be quash because it be only intimacy be without a  judgement quod forisfaciat stram the same point be also adjudge in king v  Vipont and also that where the statute do not fix the duration of the  punishment but leaves the time of imprisonment quite discretionary videlicet  for any time not exceed three month the duration of the commitment must be  ascertain upon the conviction burr Rep see also Reg v Barret salk king v  Abraham Cowp king v Dimpsey term Rep a