case Hammond against web special bail be not require from a plaintiff in error  on a bind condition to pay so much money to the obligee of another bind if the  obligor do not for be a bind of indemnity it be not within James c Hammond  give a bind to Patchell condition for the payment of so much money by web web  give a bind to Hammond condition thus whereas Hammond have give a bind to  Patchell for the payment of so much money at such a day by he the say web the  condition of this obligation be such that if the money be pay by web accord to  the condition of the say bind then this obligation be void otherwise c a  action be bring upon this last bind and judgement give for the plaintiff and  writ of error be bring Salkeld sergeant move the court that upon this writ of  error the plaintiff in modern report er p error shall find special bail by  virtue of James c which enact that no execution shall be stay on any writ of  error or supersedeas for reverse a judgement in any action of debt or contract  for payment of money only unless c now here the bind be condition for the  payment of money only for the condition proper speak begin at these word the  condition of this obligation be such what go before be only recital we be  therefore within the very word of the Act and if so I be sure this court will  not construe we out of the meaning of the statute for this be a remedial law  and ought therefore to have a large and liberal construction writ of error be  in delay of that modern report right which the judgement have give the party  and therefore have always be look upon by the commonlaw with a evil eye the  statute of marlebridge be a penal law and yet because a remedial law it have  be interpret by equity that Act say firmarii non to make empty and it have be  resolve that the word firmarii shall extend to stranger and that this Act  extend to waste to let go though the word be to make which literal import  active waste Branthwait sergeant for the defendant in error this Act ought not  to be take by equity because it be to take away or clog a remedy that the  party have by commonlaw a d for this very reason there have be case rule that  this statute shall not be take by equity in the case of garret v Danby a  garret v Dandy show a a action of debt upon a award hold not within the  statute b show keb b he main rely upon this difference where the bind be  condition for the payment of money in discharge of a debt and where the  payment of money be in defeasance of some other collateral matter tout temps  priest must be plead notwithstanding a tender where the money be to be pay in  discharge of a debt but not where the bind be in defeasance of a former bind  this difference be take   light a the condition of this bind be the same as a  bind to save harmless which without doubt be out of the Act c Bulst c Parker  chief justice this bind stand only as a security for damage it may be  discharge and the plaintiff not pay one penny there be no difference between  this bind and a bind to save harmless and it be out of the meaning of the Act  modern report Pratt justice the only question be whether the case be within  the meaning of the Act for no matter whether within the word or not and it  seem to I that the present case though possible within the word be out of the  meaning of this Act which be plain this that where a recovery necessary import  a debt due there this Act take place but not where a recovery may or may not  import a debt due and the reason be that delay in the latter case be not  esteem so prejudicial as in the former Adjournatur