Chauvet and another versus ALFRAY bail in error must be give upon a judgement  in debt upon a bind give by a three person as a security for another durn Mr  Baynham on behalf of the defendant in error show cause why the become facias  shall not be set aside and the good levy be restore this be a action of debt  upon a bind give to the plaintiff and another be creditor of one Sutton by a  three person as security for a partial payment of the debt of the say Sutton  which be thereby liquidate and ascertain to his several creditor videlicet S  in the pound by instalment which bind be to be forfeit if Sutton shall make  default in the say payment the plaintiff have obtain judgement against the  defendant he bring a writ of error but give no bail upon it whereupon the  plaintiff take out execution which the plaintiff in error complain of as be  irregular so that the question be whether this bind give see the first point  of that case v of W m c that no order make by virtue of that a shall be remove  by certiorari yet if the quarter session make a original order a certiorari  will lie per Hawkins lib c v ante burrow er p by a three person and make to  three person for payment of a sum certain by instalment the last whereof be  still future be a obligation condition for the payment of money only within I  c make to avoid unnecessary delay of execution Mr Norton and Mr field for the  plaintiff in error urge that a counterbond or a collateral security for the  debt of another person be not a bind for payment of money only nor within the  meaning of the Act of I c and they cite Yelv gilling v baker Bulstr SC Carthew  Gerrard v Danby shower SC Comberb SC strange thrall v Vaughan Lucas Hammond v  web burrow Lord MansfieldThe court will not contract the construction of that  beneficial Act beyond any precedent and this bind be clear for the payment of  money only and liquidate as to the sum too all the debt be liquidate the money  be only to be pay by another person Mr just denison concurredAnd the be  Payable by instalment make no difference Mr just foster and Mr just Wilmot  declare their concurrence in this opinion per CurThe rule upon the plaintiff  to show cause I why the writ of to know facias shall not be set aside for  irregularity and the good levy be restore which rule have be obtain upon Mr  field motion be now discharge