
    Dudley Hamilton, qui tam, pro se and the Treasurer of Essex, against Hiel Williams.
    
      Vermont Stay The record of a voluntary con Justice, and payment of the whole penalty, maybe pleaded in bar to an actl0n qui tam'
    
    ERROR. This writ was brought to reverse a judgment rendered on appeal by the County Court in a suit brought by the present plaintiff to recover the penalty for killing deer out of the statutable 4 0 .. season, under the act to prevent the destruction oi t • •
    It appears, from inspection of the record, that the defendant Williams had, before the institution of the suit, complained of himself to Mr. Justice Powell, of W?stforcl, who recorded his confession, and received the whole penalty for the use of the treasury of that town.
    In the County Court the defendant pleaded the record and proceedings of the Justice’s Court in bar. Upon demurrer to the plea in bar, the County Court rendered judgment in his favour. And now the error assigned is, that demurrer to the plea in bar was sufficient, and that the proceedings before the Justice do pot amount to the plea of autrejoits convict,
    
   Sed per Curiam,

These voluntary confessions of breaches of the minor statutes in the criminal code are so generally considered by the people to be correct, that the Court are inclined to sanction them. It is true, that in breaches of the peace, in assault and battery for instance, the Court would hardly incline to screen an offender, who had committed perhaps a violent battery, and by his own representation had induced the magistrate ' to impose a fine every way inadequate to the offence ; but no such injustice can happen through the voluntary confession of a breach of a penal law, where the penalty is ascertained, and the offender cannot lessen it by misrepresentation.

Judgment of Court.

There is no error. Let the judgment of the County Court be affirmed with additional costs.

REGULA GENERALTS.

ORDERED by the Court — That xvhen the plaintiff in any xvrit of error shall become nonsuited.', or shall neglect to enter and prosecute his suit, and the defendant shall become by laxo entitled, by complaint, petition, or motion, to enter for costs or damages ; the defendant, on fling such petition, complaint or motion, shall pay to the Clerk of the Court one dollar for Clerk's fees, xvhich may be taxed and allowed in his bill of costs.  