
    No. 5.
    HARRIS qui tam against BULLOCK.
    
      Windham,
    
    1819.
    COUNTV Court has jurisdiction of action of fabt, on the Statute of usury, ove/ ser-dollars.
    THIS was an action of debt, brought to the County Court, by the plaintiff, as a common informer, to recqver the sum of thirty-seven dollars and fifty cents, forfeited, by the defendant,in consequence of an offence against the Statute of usury.
    
      Plea — To the jurisdiction of the County Court.'
    
      For defendant, J. Phelps contended
    — That the Statute of 1811, fully empowers Justices of the Peace, to try all cases of ■a civil nature, (except slander, &c. where the debt, &c. does not exceed fifty-three dollars •, the County Court have not concurrent jurisdiction, and, this case is a civil action. 3 Black. Com. 161.
    
    But, if the action should be considered of a criminal nature, in which the State is a party, the Supreme Court has exclusive jurisdiction.
    
      Contra. J. Elliot contended
    — That this is not a civil action, within the meaning of the “Act empowering Justices of the. Peace to hear, try, and determine all pleas and actions of a civil nature, (with certain exceptions) where the debt or other matter, in demand, does not exceed the sum of fifty-three dollars but, that it is an action of a criminal nature, an action lor an offence against a penal Statute, a suit for a crime or misdemeanor, and described as such, in an Act entitled “An Act for the limitations of sust on penal Statutes, criminal prosecu.. tions, and actions at law •” and, that the County Court have cognizance of all criminal matters, of every name or nature, except such a3 are made cognizable only in the Supreme Court or before Justices of the Peace ; and, that this is not an action wherejrr the State is a party, because the State cannot become non-suit in the action.
   By the Court.

The Act defining the powers of Jutices of the Peace, limits their jurisdiction to the sum of seven dollars, all cases where a penalty or forfeiture is incurred, by any act of a criminal nature, or which is denominated, by the law, an offence. Usury, by the Statute, relating to interest, is expressly called an offence. The County Court have jurisdiction in qui tam prosecutions for this offence, where the penalty forfeited "is above the sum of seven dollars.

Judgment — Writ do not abate, and defendant answer over.  