case fillip against rice huish in hearing complaint if the plaintiff allege a  tender and no one ready to receive it and the defendant plead ready and  traverse the tender it be bad S C cro Elizabeth SC Yelv Com dig Mod salk burr  say vide stram dougl misprision not amendable dougl term Rep a informality in  the plead can be amend after a demurrer enter on the record post SC Yelv Bulst  vent cro car lev Mod Mod Bac Abr Bac Abr dougl the obligee must be ready to  receive at the day Com dig tender accord to the condition be sufficient post  cro Elizabeth Yelv   light a roll Abr surplusage in a plea of tender shall be  reject Yelv Com dig dougl error of a judgement in hearing complaint in the  common plea upon a statute of three hundred pound wherein Huish make his  surmise that there be a indenture of defeasance if he pay annual for six year  fifty pound to one John bush at the Feast of saint Michael at such a place in  S that the statute shall be void and aver the statute to be make to the user  of the say John bush and that he tender at every of the say feast the say  fifty pound at the say place and that John bush be not there to demand or to  receive it the defendant plead protestand that the plaintiff non to bring  before at every of the say feast and pro plea idem John bush to say quod ipse  at such a feast be there to receive it and none be there to pay it without hoc  that he tender it at the day c croak throw the plaintiff hereupon demurrer and  show for cause that the defendant say he be there ready to receive it which be  contrary to that which the plaintiff affirm and so he ought to have conclude  his plea et de hoc to put down see super native land and not with a traverse  after argument for that the plea of the d efendant be no plea for it be pro  plea idem John bush to say where it ought to have be idem ricius to say so  there be no plea at all for the defendant but by a stranger it be therefore  adjudge for the plaintiff that he shall be discharge of the execution a writ  of error be bring upon this judgement and assign for that these word idem  Johannes bush be void word and be well amendable and that the plaintiff have  not assign it for cause of demurrer c but the court resolve that it be not  amendable because it be the substance of the plea and not the misprision of a  word only so as there be not any plea at all second it be resolve here that  although John bush be a stranger to the recognizance yet forasmuch as it be  aver to be make to his use he ought at his peril to be ready at the place  every day to receive it otherwise the recognizance be not forfeit when the  other do not tender it three the surmise that John bush be not there to  receive it although he do not say that he nec some the ex part svan be there  to receive it be good enough for it ought to come on the other part if any  other be there to receive it fourthly whereas he show that he at one of the  day be ready and offer to croak James er p pay it and the say John bush be not  there ad to drive out et To take back so the copulative et make the demand  material which need not yet the surmise be good for the matter be whether he  tender or not?Wherefore notwithstanding these exception the judgement be  affirm case memorandum what writ and proceed be abate by the demise of the  crown more cro car   b see also strange and hawk p c Com dig hawk it be  resolve this term upon conference with all the justice and baron at  sergeantsinn that information exhibit for the queen herself as of intrusion or  upon any statute or otherwise and information for the queen and party upon any  penal law although the proceed there have be to issue or verdict yet they be  all discontinue et without die by the queen demise but the information  themselves remain as a record for the king and new process may be award  thereupon to compel the party to answer thereto de to make new and so it be of  information for croak throw the queen and party the information itself shall  stand but all proceed thereupon be determine nor be they help by the statute  of Edward c but if they shall be altogether determine then peradventure the  action be utter lose because the time wherein it ought to be pursue be expire  therefore to avoid that mischief the law have be take to be that the  information itself shall stand and so have the practice be in the exchequer  and king bench as appear by the precedent of both court the record whereof  they have cause to be search so it be of indictment wherein the proceed have  be to issue or depend in process and although the issue in they be try no  judgement be give thereupon unless it be in case of treason or felony which be  try shall be aid by the statute of Edward all proceed in they be determine but  the indictment themselves shall stand and new process be award and the party  answer and plead de to make new but a original writ bring by the queen as a  quare hinder or the like shall abate utter by the queen demise because the  action be bring in her name only and it can be sue by the now king the writ be  abate but now by Ann c no writ plea process or proceed c c on any indictment  or information or for any debt due to the grow shall be discontinue by the  death of the sovereign