baskerville esquire plaintiff and CHAFFEY defendant in error barn S c bail in  error justify by a marshal court officer and say not to be within the that  rule of court mich g two plaintiff give notice that bail be put in who be I c  of crown court fleet street woolstapler and d S of blackhorse alley fleet  street cooper who will justify in court on the Saturday follow which be may  sergeant Hayward oppose their justification for that they have but just before  videlicet the same morning justify for in another cause and that by the notice  in his hand one call himself of CrownCourt woolstapler and the other of  BlackhorseAlley cooper whereas it appear by the affidavit of the defendant  agent that he go to CrownCourt and no such person as c a woolstapler live  there but one c a bailiff or follower live in HangingSwordAlley and that on  search at the marshal court office be find c to be a officer of that court and  be also inquire in BlackhorseAlley after S a cooper several of the neighbour  say they know no such person in that alley and there be no cooper there unless  the man at such a house be a cooper who prove to be the person and refer to a  neighbour for a character who say he will not trust he two penny he have no  visible way of live except that his wife take in wash and be sometime go of  errand and that from all the circumstance of the inquiry the defendant agent  believe that both of the bail be common or hire bail and not sufficient bail  upon the writ of error in this cause the court add the which they have justify  for before to for which they be bail in this cause each of they swear he be  worth the money after his debt pay and that he have a freehold estate one lie  in Gloucestershire and the other near rigate in Surre so that the only  objection remain be whether c be a marshal court officer be within a rule of  this court make mich Geo two whereby for the reason therein mention it be  order that no sheriff officer bailiff or other person concern in the execution  of process shall be bail in any action or suit depend in this court the  prothonotary be ask if be ever know a instance where a marshal court officer  be refuse to be bail be say no but be know no reason why they shall not as  well as sheriff officer but the court the chief justice absent admit the bail  as not be within the beforementioned rule see Gwinnel v proctor pract Reg p  where hire bail be commit to the fleet prison cook c p er p note in filewood v  smith barn p the doctrine lie down in Baskerville v Chaffey be explode and it  be hold that a PalaceCourt officer can not be bail as the that rule of court  make in mich Geo two extend to all bailiff officer and other concern in the  execution of process and it be say in bolland v Pritchard W black that no  sheriff officer of any kind can be special bail and the court refer to the  rule of mich Geo two as one find upon principle of prudent jealousy so the  very letter of it shall not be break semble that the fact of bail live within  the verge of the court will not of itself without other suspicious  circumstance be sufficient objection Glead v mackay W black will er p will  report report of adjudge case in the court of common plead during the time  lord chief justice will preside in that court together with some few case of  the same period determine in the house of lord court of chancery and exchequer  chamber take from the manuscript of lord chief justice will with note and  reference to prior and subsequent decision by Charles durnford of the  middletemple barrister at law the follow extract be take from the preface to  this work the body of this work will be find to consist of four class of case  saint those which be take verbatim from the Lord chief justice manuscript and  they be either the judgement of the court which he public deliver contain as  well his own abridgment of the record or special case as the reason on which  the opinion of the court be find or case of which he write a account in his  own note book after the case have be determine ndly the judgement of the court  which he give without his own abridgment of the record the record in which  case I have abstract either from the original record or from the paperbooks  dly case take from short note of the Lord chief justice manuscript the record  be abridge by myself thly those where nothing more appear on the Lord chief  justice paper book than simple judgement for the plaintiff or for the  defendant c the record of which case I have abridge and the opinion of the  court I have take from other quarter and add in the note throughout the whole  it may be observe that the language of the Lord chief justice be print between  invert comma the note to this work except where they consist of reference to  case already in print and to some very modern decision may also be arrange in  four class saint those of the Lord chief justice distinguish by ms Lord chief  justice will dly manuscript case collect from various quarter in the  possession of the Lord chief justice to many of which he refer himself and  they be distinguish thus ms coll Lord chief justice will dly manuscript note  of Mr baron afterward Mr justice wm fortescue in his own hand write thus mark  ms Mr justice wm fortescue will er p