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AN Action upon the case was brought for delivering in a false note of goods,* 1.1 for which excise was to be paid into the office of excise, where∣by he was compelled to pay 50 l. to his damage, &c. upon not guilty pleaded
and a verdict for the Plaintiff. Green moved in arrest of Iudgement, be∣cause that the Declaration did not set forth the Act of Parliament, which gives authority to the commissioners of excise. And 2ly. The damage is not coupled with the fraud, nor is it exppessed how he was compelled to pay the 50 l. and the Court is not bound to take notice of the Ordinance of Par∣liament touching the officers of the excise, because it is not a general law. But Roll chief Iustice answered, that the fraud is the ground of the Action, and all the other matter set forth in the Declaration is but matter of in∣ducement to the Action, and it is not requisite to be so punctual in setting that forth as is surmised, and we are bound to take notice of the Ordi∣nance,* 1.2 and the Action brought is to recover damages caused by the fraud, and it is no more necessary to set forth all the circumstances occurring in acting of the fraud, than for one to set forth all processes in an Action groun∣ded upon a fraudulent Iudgement obteyned against him, by which he is damnified. Iudicium nisi, &c. pro querence.
Arrest of judgement in an Action up∣on the case.
Inducement, Notice.