
    MATTHEWS against PEMBERTON.
    OH CERTIORARI.
    This was an action founded on the act to prevent the waste of timber. The state of demand was for $100, for thirteen penalties, which at eight dollars each, would [f] make $104. The justice tried the cause without a jury, and rendered judgment for $40. The name of the town where the land was situated was not named, or the land any way described.
    Judgment reversed.
    
      Elmer, attorney for plaintiff.
     