burton against low mich banc sup demurrer in debt upon a sheriff bind Burton  bring a action of debt against low upon a sheriff bind give by low to the  sheriff be arrest by he by virtue of a attachment direct to he out of the  chancery the condition of the bind be that the defendant shall appear on style  report er p such a day in cancellar at westmonasterium wherever to be the  defendant plead in bar the statute of h the plaintiff demurrer to this plea  Moseley of council with the defendant argue that the bind upon which the  action be bring be void and against the statute because the party be bind to  appear in a Conrt which be not a fix court and so incertain namely the court  of chancery at Westminster whereas the chancery be a movable court and not fix  to Westminster or any other place that the condition of the obligation be  impossible for it be that the defendant shall appear in the chancery at  Westminster wheresoever it shall be and it be impossible for he to appear at  Westminster and at another place at the same time that the bind vary from the  statute in some thing and enjoin more than the statute require in other thing  Wilmot on the other side hold that the bind be not within the statute because  the king be not within the statute as be hold car h f Rep Whelpdales case dyer  roll chief justice hold that a bind give to appear upon a attatchment out of  the chancery be within the statute but it have be heretofore a question  whether a sergeant at arm of Wales be within the statute but it have be since  rule that he be not and here be a material variance in the bind which make it  void and neither the Upper Benchnor the chancery be fix court and therefore  the defendant ought not to be bind precise to appear at Westminster and then  to add wherever to be be a material variance and make the bind nought jernian  justice to the same effect and say that the chancery may sit at any time out  of the term when they please and their not sit in the vacation be for the ease  and conveniency of the people nil to take in hand per billam nisi c before