case hall against carter a bind give to a plaintiff by a three person  condition that the person arrest shall give such security as the plaintiff  shall approve or render his body at the return of the writ be not within the  Henry c in a action of debt upon a bind the defendant crave oyer of the  condition which be that if another person who be arrest at the suit of the  plaintiff and for who the defendant be now bind shall give such security as  the plaintiff shall approve of for the payment of ninety pound to he or shall  render his body to prison at the return of the writ then the obligation to be  void modern the defendant plead the statute of Henry c io a it be not  necessary to plead this statute for it be at length decide to be a public Act  of which the court will take notice though not plead Samuel vevans term Rep a  that this bind be give for ease and favour and this case come to be argue upon  a demurrer the question be whether such bind be within the statute or not and  the court be of opinion that it be not if the sheriff take bind in another man  name to elude the statute such bind be void but the plaintiff may give  direction to the officer to take such bind as this to himself it be only a  expedient to prevent a new arrest and the agreement of the plaintiff make it  good if a capias be take out against the defendant and a three person give the  plaintiff a bind that the defendant shall pay the money or render himself at  the return of the writ it be a good bind and not within the statute because it  be not by the direction of the officer but by the agreement of the plaintiff  and there be no law that make the agreement of the party void and if the bind  be not take by such agreement it may have be traverse but Atkins justice doubt  because a bind to render himself a prisoner be void Bewfages case   l but if  it have be to pay the money or appear at the return of the writ it have be  good but notwithstanding judgement be give for the plaintiff b the distinction  be that where the undertake be give to the sheriff the form direct by the  Henry c must be strict pursue and therefore a agreement in write to put in  good bail for a person arrest on mesne process at the return of the writ or  surrender the body or pay debt and cost make by a three person with the  bailiff of the sheriff in consideration of discharge the party arrest be void  but when the undertake be give to the plaintiff it be not within the statute  and therefore the undertake of a attorney for the appearance of a defendant be  not void because it be give to the plaintiff in the action and not to the  sheriff Roger v reeves term Rep b modern er p