case the queen against ewer if the condition of a recognizance be to give  notice to a man and his clerk and a to know facias state it to have be to give  notice to the mail or his clerk the variance be fatal SC salk SC salk SC ld  ray SC holt ld ray to know facias upon a recognizance enter into before holt  chief justice condition that one I S shall appear to a indictment against he  and carry it down to trial accord to the statute will c but see Geo c a the  defendant demurrer to it first there be a variance between the to know facias  and the recognizance the recognizance recite be that upon issue join the  defendant will give notice of trial to the prosecutor and his clerk and the  true recognizance enter into be to give notice to the prosecutor or his clerk  so there be a variance second it be not pursuant to the statute for it be in a  great sum than the statute require which be only twenty pound each it be urge  on the other side that if one will except against a writ he ought to have oyer  of it it be say SC ld ray that the defendant pray oyer of the recognizance and  of the condition thereof b and that notwithstanding it be set out in haec word  but it be answer that it be vain to demand oyer of a writ which be already set  out in haec word on the roll indeed it be true that none can except against a  original writ that be not set out in haec word modern without have oyer of it  and holt chief justice say that the recognizance vary from the statute and  modern er p therefore can be good by the statute yet it may be good by the  commonlaw it be true the recognizance if not accord to the statute can make  the certiorari a supersedeas for by statute no certiorari shall be a  supersedeas without a recognizance of twenty pound c but before that statute  the judge of this court bad power to take recognizance which be not take away  by the statute but only that they shall not be such as will make a certiorari  a supersedeas and the writ be quash for the first exception