case cross executor of Curtis against butel the bail of Harris bail in what  method to be take a action be bring in the court of king bench and judgement  obtain and a writ of error bring returnable in the exchequerchamber two person  become bail to the writ of error before Pratt chief justice to which bail  exception be take one justify himself in court but the other do not so that  another additional bail be put in before powys justice at big chamber in  sergeantsinn in fleet street on which entry before powys justice the  recognizance of bail be draw up the judgement be affirm on the writ of error  two to know faciass be bring in London against the bail and two nihils return  and a capias ad to give satisfaction against the defendant on which he be take  and imprison Whitaker sergeant move to discharge the defendant out of  execution and to set aside the proceed on the to know facias first the entry  of the recognizance be irregular it ought to have be enter as take before  Pratt chief justice when the first bail be give the bail which justify be bail  from his first acknowledgement before the judge whereas if the recognizance  shall be draw up as enter into when the additional bail be give he can be bind  but from thence so that if between those time he have alien big land such  alienation be good and bind second the to know facias be returnable on a day  certain which it ought not to be the proceed in the original cause be by bill  three the capias ad to give satisfaction be irregular because by the statute  Geo c it be enact that the plaintiff shall mark on the back of the writ the  real sum or debt due to he before it be deliver to the sheriff to be execute  and here there be no sum endorse on the capias nor any time mention in the  entry of this recognizance so void modern report fourthly the to know facias  ought to have be bring in Middlesex for the recognizance be file there beside  the recognizance be a lie on the estate of the bail from the day that it be  take and it may be prejudicial to enter it on a future day videlicet on the  day that the last recognizance be take because the person who enter into the  first recognizance may have alien his land before the other be take five no  capias ad to give satisfaction lie upon a recognizance of bail for the tenor  of the recognizance be that the debt be levy de good catallis terris et  property the defendant ought to have appear to this to know facias and plead  this wrong enrolment and shall not now take advantage of it on a motion but  this sort of practice of take bail at several time be settle in this court in  the time of chief justice Parker and be a ease to defendant for the first man  be bail only de bene be and no bail be real give until the second man enter  into the recognizance for then it be complete and not before and the entry of  the recognizance must be entire as if take at once and the constant practice  be to take the recognizance as if the bail be both take at the last judge  chamber the inconvenience which be object that the land may be alien in the  mean time can proper be urge by the bail since the only prejudice that can  accrue thereby must arise to the plaintiff as to the second objection that the  to know facias be returnable on a day certain which it ought not to be the  proceed in the original cause be by bill the return of the to know facias on a  day certain be good for the proceed on which this to know facias be find be  the recognizance which be a entire distinct charge and record from the former  action for that be determine by the judgement and that record thereby close  but if this proceed shall be adjudge a proceed by bill yet it be not any  irregularity but a error as to the four objection the distinction be between a  recognizance take by the court which be of no force till enter of record at  Westminster and then it be enter as take in court and a recognizance take on  the statute of James c for by that Act a judge at his chamber man take a  recognizance of bail which be Obligatory by the caption and give the conuzee  power of election to sue in London modern report er p or Middlesex salk pl Mod  ld raym Mod if this be a error it may be take advantage of by a writ of error  upon the judgement on the cognizant fac or on the award of the execution as to  the five objection former it be hold that no capias ad to give satisfaction  will lie on a recognizance of bail but the latter resolution have be contrary  and the constant practice have be accord lev then as to the not endorse the  sum on the recognizance that do not make the capias void the statute require  it shall be do that a execution shall not be take for more than the real debt  and inflict a penalty if it shall be execute for a great sum it only subject  the party to the forfeiture of double damage as to the last objection the  answer be that the entry shall be in Middlesex and not in London but that be  of bail to action bring in the court of king bench and not to original action  upon recognizance as this be the court if the second bail have enter into a  recognizance before the chief justice as the first man do that will not have  relate to the time of the first recognizance give by the other bail and take  before the same chief justice but here the second bail enter into a  recognizance before another judge which make no alteration of the case a judge  may take a recognizance of bail at his chamber and the entry in his book be a  good warrant for the entry of it in the office and the practice be settle to  take such recognizance at one time and another at another time for the first  be de bene be and no complete bail be give till the last be take and from that  take the recognizance be make up for such judge before who the last bail be  take sign the roll therefore though take by different judge the modern report  first be of no value till the last be take for then the bail and the entry be  entire and perfect and not before second the return be good and proper for the  to know facias be not ground on a proceed by bill but on a collateral matter  three the capias ad to give satisfaction be good though it be not endorse  fourthly the to know facias be well direct to the sheriff of London five the  body may be take in execution on such recognizance per curian the proceed be  regular wherefore the motion be deny