baldwin and morgan how far cost be Allowable or not upon a to know facias  against bail on rule to show cause why it shall not be refer to the master to  see how much the plaintiff have receive from the bail more than he ought the  counsel say that they be Willing to restore what they have receive upon the  execution more than their due provide they may be allow cost upon the to know  facias against the bail and Mr strange say that cost be in this case Allowable  for there be a much strong one than this in the late queen time that of wale  and Josling where the court be of opinion that upon a defendant plead a bad  plea in the common plea and judgement give for he reverse upon that account  the bail to the second action shall pay the cost the defendant put the  plaintiff to in the first and otherwise they refuse to stay the proceed but  the chief just and I Reynolds say that they think it a pretty extraordinary  case and in the principal question the whole court agree that no cost be to be  pay upon the to know facias as this case be because the bail do not appear to  it and this difference between where they do appear to it and where not they  say be warrant by the statute of will cap then another thing be mention by the  counsel that at least in equity and good conscience the bail ought to pay cost  and therefore this court will not induIge they with this summary method of  proceed but leave they to their action at law without they will make a  allowance for they but the court say that the bail have restitution of the  overplus be what by law they be entitle to and they do not know that in any  case they require cost to be allow but where a statute have give they accord  upon the court deliver their opinion in this manner the plaintiff counsel say  they will pay they back the overplus without deduct the cost upon this the  rule be not make absolute note the court say they do not know but this case  may have be different if it have be upon a recognizance in the common plea and  the execution have be only for so much as be recover there they think the  court may allow cost to be give upon the to know facias in any case where they  will not make up the sum recover more than the recognizance because a court of  equity will hinder a plaintiff recover more than the judgement and yet they  will certain allow cost there but in the present case they say equity will  give no cost