The state of demand is insufficient! although the action is brought for a penalty under the timber act, yet no. specific offence is set out, no particular number of trees charged to be cut, boxed, bored, &c. but cutting, Ac. timber; the state of demand also ought to charge the cutting to be without the leave or permission of the owner of the land, and tho judgment ought to set out the number of penalties the defendant was convicted of, and designate them.

Judgment reversed.