case Burridge against fortescue of stay proceed upon payment of principal c  per curian in debt upon a judgement the court will not stay proceed on motion  upon payment of principal interest and cost as they will upon debt on bind and  in that case it be a equitable motion to be relieve against the penalty and  therefore whatever cost the plaintiff have be in any wise put to shall be  allow he see the queen v Foxley ante butler v Rolfe ante Le sage v Peer Mod  Anonymous Mod and the statute whether c a Evans v Robert modern er report date  modern case crying Euhan against roberts if a declaration in a inferior court  allege it to be a court secundum law a merchant without show it Curi stapulae  it shall be intend a common inferior court S c salk a writ of error on a  judgement upon a bind before the sheriff and bailiff of Bristol in a court  hold before they secundum law a merchant sencundam experience community  pillage tempore pron  interrog  c Eyre except first that there be no court  hold per law a merchant before the sheriff for that must be only hold before  the mayor of the staple and in matter only concern staple transaction but per  curian it be lie to be secundum experience community it will be well enough  like the case of Hodges v Serwin cro car a where a court of Pypowders which  only be intend of court for fair and market during the fair or market and for  matter there arise be say to be hold at Gloucester secundum experience to  cause to go pillage and action for a hundred pound therein and hold good  because of custom c vide sand b for it be lie to be ail ancient court it shall  be intend a common inferior court for common matter conusable there side keb c  the second exception be to the writ for it be to remove record speech who in  person thou to sit back and it appear that the record remove be before his  predecessor and the court say that the writ be direct to the sheriff without  name he it be well enough and if a writ be direct to the sheriff of b and  before its return another sheriff be choose he ought to return and execute the  writ and the difference be when it be direct to he by name and when by the  name of his office general and this be not like a writ of error from the  common plea for that be always to the chief justice by his name side keb a if  there be a chief justice or to the other by name and therefore must not vary  note here the answer to the writ of error be that there come another writ of  error to they before that writ bear the same testae and return and recite the  writ and make a return to it and hold good and the judgement be affirm modern  er p