Calverley against BIESELEY the warrant of attorney may be enter on the roll  after error bring but the atorneys shall forfeit each ten pound by stat e c  though the issue be on nail till record and so not to be try by a jury for it  be still a issue a by e c no judgement shall be stay or reverse for want of  any warrant of attorney but now see Geo c and and for amendment of record  after error bring see dougl burr term Rep term Rep Com dig a several judgement  in debt against two on several prcecpes and several issue one writ of error to  remove both record be bad e e b r error by uvoodward of Lincoln inn v b cro  Elizabeth W have make a bill for fourteen pound to be pay together with six  pound b bring debt for twenty pound in c b and declare upon the bill and  recover W bring error in b r and there the judgement be reverse for the bill  be good only for fourteen pound and void for six pound because it be not  express in the premise see something like this case Trin Elizabeth rot in b r  between stone and Withipoole b stone v Withipoole be report in cro e owe Leon  Poph and cite in the margin infra a pl but in none of these report do there  appear any similarity to the point in uvoodward case here mention b Trin  Elizabeth a b selby and bow b be outlaw in debt by S and afterward purchase  his charter of pardon and sue a score fact against S and S have judgement upon  it to recover and b bring error because upon the to know faGias there be no  warrant of attorney enter for S and per car it be no error because the warrant  of attorney in the first action of debt be sufficient for upon the to know  facias the plaintiff declare upon the original and the to know facias upon the  charter of pardon be only stare rect in char mich Elizabeth it be move by the  queen solicitor a parson have sue a libel for three several thing against b in  the spiritual court whether b may have one prohibition for all or three for  the thing several and the court say that he may have the one or the other at  his election if he will be at the charge but it seem two person can join in a  declaration upon a prohibition where the cause of complaint be several Yelv  cro car raym Leon Calverle implead b for debt on bind endorse with condition  to save he harmless for his account of the sheriffalty of the county of York  and to acquit he of it in the exchequer and he plead the finish of the account  in the exchequer and a quietus be there record of it to which the plaintiff  reply null tiel dyer b er p record wherefore day be give to the defendant at  his peril to have therecord here in the bench at a certain day at which day he  fail of it wherefore he be condemned by judgement and no warrant of attorney  be enter pen the plea wherefore the defendant bring a writ of error returnable  mich term last in which he do nothing nor prosecute it now it be pray of the  court this term to grant that the warrant may be receive and enter upon the  roll and by the opinion it well may be do by reason of the ache above but the  atorneys shall forfeit each ten pound accord to the statute of Jeofails h c  because this be a issue join although it be triable by the record c but the  truth of the case be as follow the writ of debt be bring against Bieseley and  another by several prcecipes and several issue dyer join and several judgement  and one writ of error only to remove both record suppose the plea between c  plaintiff and b and the other defendant which be not good in this case and for  this cause heiwood in b r refuse to receive the certificate and then the case  be better by the amendment of the error and so it be r uled but the amercement  above stand the executor of the conusee of a statutemerchant who in his  lifetime have sue out a certiorari mild proceed to a capias against the  conusor can have a to know facial or alias capias or a writ of extent but must  commence entire de novan the conusee of a statutemerchant sue out of chancery  upon a certificate make by the mayor c a capias against the conusor returnable  into the bench at which day the sheriff return non be inventor and the conusee  show there the statute as he ought and have a alias capacity before the return  of which he die whether the executor shall have a score facet against the  conusor or whether they ought to commence de novan S to sue a new special writ  out of the chancery to the mayor to make a certificate notwithstanding the  first certificate and to have out of chancery a new capias or not be much  doubt among the judge and the clerk of the court or whether at the suit of the  executor the judge of the bench nay award a alias capias or a writ of extent  or not and see e e pl in a note that two sue a statutemerchant the certificate  return into c b non es nvent`s the plaintiff do not come but other as their  executor offer themselves and swear that they have the will and pray execution  and have it by the print book and Fitzherbert Abr title execution but in the  ms of t Gargrave the word have it be want and afterward it be agree clear by  the court that no score fascias lie in this case but if any process shall be  issue it shall be such process S extend fact as the conusee himself ought to  have have if he have live and so a brown hold strong but Weston and I to the  contrary for there be a special writ in the register b that the executor of  the conusee upon affidavit in the chancery that the debt be not satisfy in the  lifetime of the testator or afterward shall have a new certtoraTt to the mayor  c to make a new certificate of the statute notwithstanding the first  certificate and also no precedent can be discover for the remedy in a b for  the executor in this ease wherefore at length the party be advice to commence  entire de novan because that be the clear way and sure without error yet see  Dupledges case a r foe pl well and h and see stat dyer a er p h c and see h h  b rot where the executor of the conusee prosecute in the bench by attorney bar  the writ appoint and direct to the justice there where a bargain and sale be  make to be void on condition of payment of a sum to the vendee his heir or  assign on his death tender make to the executor alone be not good for they be  not assign of the testator hill e c b rot in debt Richmond against butcher owe  cro e Leon a man make a lease for year reserve rend to ham his executor and  assign dig the say term the lessor die his heir who have the reversion bring  debt and per Cbr it do not lie because by the word the intent of the lessor  appear otherwise see Mr hargrave note to   Litt a Com dig and Bac ab rend h  Carus move at the bar for the stay of a nisi prius to be hold in London  inasmuch as the issue be void and a jeofail and the case be thus that a man by  indenture enrol bargain and sell his land in fee with proviso that if the  vendor before such a day shall pay to the vendee his heir or assist one  hundred pound then the bargain and sale shall be void dyer the vendee make his  executor and die before the day and the vendor before the day tender the money  to the executor without any tender make to the heir c and whether this tender  be good and legal or not quaere and a brown and I think that the tender be not  good because it be contrary to the express word in the condition for the  executor be not assignee of the vendee because he have nothing in the land and  although by Littleton in his chapter of estate conditional if no mention have  be make of the heir executor and assign of the feoff or vendee the tender at  the day may be well make to the executor because it be intendable that the  feoff or vendee lend the money to the vendor and so glassy a debt to the  testator yet where the heir or assignee be express appoint and limit in the  condition Littleton himself say that the tender ought not to be make to the  executor and the reason be as I believe because the law do not determine to  who the tender shall be make when the party themselves be agree express to who  the tender shall be make yet quaere well thereof because Weston Catlin chief  justice and sander chief baron hold the contrary strong and the word of  Littleton well consider and weigh I believe as above therefore sit libre judge