
    Livingston against Platner.
    On motion for treble dam ages, &c. under the act, (sess. 36, ch. 56, s. 29,) the count must be upon the statute, the jury must find for the plaintiff generally, and assess the single value of tiie wood, &c. in terms: Otherwise, the court will intend, that the jury found treble damages, or that the defendant brought himself within the provisos of the act.
    Trespass quart clausum fregit, and for cutting the plaintiff’s trees, contrary to the form of the statute, &c. On the trial the plaintiff claimed, and the Judge charged the jury to find the value of the wood cut. According to the minutes of the Circuit Clerk, the jury found for the plaintiff 75 dollars damages, and 6 cents costs, without saying single damages or single value. The postea was produced, which was drawn up by the attorney for the single value, fyc. The plaintiff claimed the value of the wood cut, upon the trial.
    
      E. Williams moved that the damages and costs be trebled.
    
      Butler, contra.
    The statute (sess. 36, ch. 56, s. 29, 1 R. L. 526) allows treble damages, unless the defendant bring himself within the exceptions. (He read an affidavit that the verdict was, in fact, as entered by the Clerk; that the jury did not return a verdict for single damages.) In Shotwell v. Daniels, (8 John. 341) the Court point out the matters neeessary to be shewn upon this application. It should appear of record that the single value alone is found by the jury. They may, for aught that appears, have found treble damages, or the defendant may have brought himself within thd exceptions.
   Curia.

To entitle him to have the damages and costs trebled, on motion, the plaintiff must, 1. Count upon the statute". 2. The jury must find, generally, for the plaintiff and assess the single value of the wood, &c. cut or carried off. in terms. If they do not thus find, we.will intend that they have found the treble value, or that the defendant brought ]}jmsey w¡£tbn the provisos of the act.

Motion denied  