case the duke OF ormond against Brierle bind to prosecute with effect not  forfeit by get injunction S c ante S c Carth S c holt a bind be take by the  bailiff of W condition that if obligor be plaintiff in replevin shall  prosecute the suit with effect c upon oyer the defendant plead that be do  declare and prosecute the modern report action till such a time prout to stand  open per record ind and that pen the suit the defendant die whereby it do  abate by the act of God the plaintiff reply and confess the plea but say  further that the defendant sue a English bill in the exchequer and there  obtain a injunction to stay proceed whereby the suit be delay so as judgement  can not he have till the defendant death and upon demurrer it be urge for the  plaintiff that by obtain the injunction the defendant have disable himself for  a time to prosecute the suit for a time and a temporal disability of perform a  condition tantamounts to a forfeiture more curian contra for he can be say not  to continue the suit with effect till nonsuit retraxit or some other act by  which here be a end of the suit this bind be in lieu of pledge which the  sheriff be bind to find and take by the statute of Westminster the second a  and if he fail to find pledge accord to that a see clarke v Adair Esp dig  grant v Vaughan burr Tatlock v Harris term Rep kid on bill of Exch b  promissory note be now by Ann c put in every respect on the same foot as bill  of exchange see brown v Hampden term Rep c see pollet v Pearson salk and Ann c  S and more v pain case tempt Hardw d vide vent Hodges v steward salk a both  bill of exchange and promissory note Payable to bearer be now transferable see  Ann c grant v Vaughan burr miller v race burr a see Blackett v Crissop ld ray  modern report er p statute he will be liable to the avowants damage to be  recover by action against he and where such pledge will not be liable the  obligor that be in lieu of they will not be liable b and judgement for the  defendant nicols v bridge modern er report date case nicols against bride  bridge per curium a man make a bind to a in trust for b a die his executor  receive the money it shall not be asset