
    CRANE AND WIFE v. --.
    Debt is the proper action on the timber act.
    
      Certiorari to Justice Banks.
    This was an action of trespass, for cutting trees, and the justice awarded judgment of £3 per tree, on the timber act.
   Per Cur.

Reverse the judgment.

Note. — Debt is the proper action for the penalty ; damages only can he recovered in trespass.

Cited in Sayres v. Inhab. of Springfield, 3 Hal. 207.  