case bennet against talbot it be actionable at commonlaw to bunt in the soil  of another and therefore a declaration in trespass contain one count at  commonlaw and another on the and will mary c describe the defendant a clothier  as ail interior tradesman for hunt in the ground of the plaintiff be good  although it conclude contra form to cause to stand and the plaintiff be  entitle to full cost although the damage be under forty shilling for the and  will mary c S be a repeal of the and car c as to cost S c comy S c ld ray S c  salk S c comb S c Carth S c Mod S c holt trespass the plaintiff declare de  plea quare way et arms enclosed space Self the plaintiff to break in pieces et  to go into et herban foot ambulando to tread upon et cum averiis an ox et cow  do eat his grass nor that the defendant be a inferior tradesman videlicet a  clothier adtunc et ibidem in enclosed space pillage hunting to be et alian  irregular ei to bring in contra peace et contra form to cause to stand c there  be a general verdict for the plaintiff at the assize at Salisbury it be move  in arrest of judgement because part of the action be for a trespass at  commonlaw and part upon the statute and have conclude contra foreman to cause  to stand that go to the whole the statute Richard c enact that no layman who  have not land of the yearly value of forty shilling nor clerk who have not ten  pound a year revenue shall have or keep a greyhound the statute and car c  provide that person not have land or some other estate of inheritance in their  own or wife right of one hundred pound a year or of one hundred and fifty  pound a year for life or for ninetynine year shall not keep gun c and by the  statute and car c it be enact that if the jury find the damage under forty  shilling in action of trespass the plaintiff shall recover no more cost and if  more cost be award the judgement shall be void by the statute and will c it be  enact that all and every law and statute now in force for the better  preservation of the game shall be duly put in execution see Ann c Ann c and  Geo c a then there be this clause and whereas great mischief do ensue by  modern er p inferior tradesman apprentice and other dissolute person neglect  their trade and employment who follow hunt fish and other game to the ruin of  themselves modern and damage of their neighbour for remedy whereof be it enact  c that if any such person as aforesaid shall presume to bunt hawk fish or fowl  unless in company with the master of such apprentice duly qualify by law such  person or person shall be subject to the penalty by this Act and shall or may  be sue and prosecute for their wilful trespass in such their come on any  person land and if find guilty the plaintiff shall not only recover his damage  thereby sustain but his full cost of suit c now this clause be a repeal of the  statute and car c which give no more cost than damage as to the matter of cost  it be say that this be a independent clause the plaintiff shall have declare  that he hunt be a inferior tradesman Bl Com will b which have be sufficient to  entitle he to cost upon a general law and the best way have be to omit contra  form to cause to stand as f or instance one be indict for stab another Allen c  and two other for be present and abet and conclude contra form to cause to  stand they be all find guilty when it be plain that he can only be so who give  the stroke yet that indictment be hold good because they may have be find  guilty at commonlaw upon the same indictment for the statute do not alter the  nature of the offence but take away the privilege of the clergy allow by law  and need not conclude contra form to cause to stand but this be move in Hilary  term the court be of opinion that where a statute make a offence the  conclusion must be contra form to cause to stand but this be a offence before  the make that Act Bl Rep see term Rep d which only repeal that clause of the  statute car c and therefore though the declaration conclude contra form to  cause to stand it be well enough and so the plaintiff have judgement nisi  causan