coke b BEAWFAGES case mich James since the stat h upon a become facias deliver  to the sheriff he may take a bind of the defendant to pay the money into court  at the return of the writ such bind be not within the statute h for that  statute only extend to such bind which any in his ware make to the sheriff but  be good at commonlaw notam exposition of the clause that if any of the sheriff  c take any obligation in other form by colour of their office it shall be void  in this term it be move at the bar in the case of one Beawfage if the sheriff  who have a become facias may take a bind of the defendant to pay the money  into court at the return of the writ and the doubt which be conceive upon it  be upon the general word of the Act of a h cap and if any of the say sheriff  or other officer or minister aforesaid take any obligation in other form by  colour of their office that it be void and such bind to pay the money into  court c be in other form than the statute prescribe it but upon consideration  of all the part of the say Act it be resolve that such bind be not make void  by the say Act and therefore cohrenha provisionum actusprd be observanda first  as to this matter it be enact that sheriff c shall let out of prison all  person arrest by they or in their ware by force of any writ bill or warrant in  any action personal or for cause of indictment of trespass upon reasonable  surety of sufficient person have sufficient within the county where such  person be so let to bail to keep their day c except person in execution by  capias outlaw excom can surety of peace and person commit by the special  command of any justice and vagrant the second clause be that no sheriff c  shall take or cause to be take or make any obligation for any cause aforesaid  or by colour of coke a their office but a only to themselves of any person nor  by any person which shall be in their ware by the course of the law but by the  name of their office and upon condition write that the prisoner appear at the  day contain in the say writ bill or warrant and in such place as the say writ  bill or warrant require then come the say clause and if any of the say sheriff  c take any obligation in other form by colour of their office that it shall be  void so that the first branch contain the clause of the precept and  commandment to sheriff that they shall let prisoner to bail who be arrest in  personal action c which the sheriff can not do before this Act as appear by b  h a b h a e b f n b a b the a cro James Ant b   light a e dower e dower Cr car    b   b dyer pl pl   a   b roll Rep Inst more roll Rep Goldsb Leon palm a cro  Elizabeth die pl pl pl pl pl h a Fitzherbert bind Br bind Plowd b a a raze  sheriff Leon Leon Leon roll Rep roll Rep Savil latch bendl Jones hut Inst roll  more Owen Goldsb cro car keb Nov keb Anders godby hetl f n b b a Plowd b b f n  b b Br mainor Plowd a contra note coke report b er p second branch contain the  form of the bind by which he shall be let to bail the three the penalty if the  sheriff do not observe the form prescribe by the statute so that upon the  coherence and dependency of the branch the late word although they be general  shall extend only to the precedent branch know of bind take of those who be in  their ware a and accord to this resolution it a the sheriff have no authority  to take a bind for the appearance of person arrest by he under process issue  upon a indictment at the quartersession for a misdemeanour but only a  recognizance for their appearance Bengough v Rossiter TR affirm on error h  black and the sheriff can take bail on a attachment for a contempt though a  judge at his chamber may anon I strange field v waterhouse Com Rep bail bind  on a attachment out of chancery be neither compellable to be take nor prohibit  by the statute but they be good at commonlaw morris v Hayward taunt SC marsh a  attachment for nonpayment of money into court be in the nature of mesne  process and it will seem that a bail bind take by the sheriff will not be void  Lewis v Morland b a Phelips v Barret price contra respect the form of a bail  bind three thing be to be observe first that it be make to the sheriff himself  second that it be make to he by the name of his office and three that it be  condition for the defendant appearance at the return of the writ and for that  only collon v wale cro Elizabeth if therefore the bind be not make to the  sheriff or be not make to he by his name of office thrower v whetstone dyer b  a Guybon v Whiletost cro Elizabeth kirkebridge v Wilson lev palm fort or if it  be single without any condition at all ib or with a impossible condition  Graham v Crawshaw lev as if the bail bind be take where the original process  be returnable at a day out of term mill v bind strange SC fort Samuel v Evans  TR or if the condition be not for the defendant appearance or if it be for  that and something else as to appear and also to pay rend Mosdel v Middleton  vent S T Raym and the reference above it be void by the statute the bail bind  be void if it be execute before the condition be fill up Powell v Duff camp  and if the bind be take by the sheriff after the return of the writ it be void  pullein v Benson I l raym Thompson v rock m S if a bind be void by the stat h  the statute be a public Act need not be plead Samuel v Evans TR but the  special matter must appear by some mean or other upon the record if it be show  in the declaration or if it appear on crave oyer of the bind the defendant may  demurrer or move in arrest of judgement it be sufficient if it appear on any  part of the record Samuel v Evans TR in Thompson v rock with sup it be hold  that upon a plea of non be factum the defendant may show at the trial that the  bind be date and execute on a day subsequent to the return of the writ but  vide note c Whelpdales case   b if the bind be substantial good it can be  avoid for any trifle informality or variance of the condition from the writ in  the description of the plea or of the time or place of appearance thus when  the writ be to answer the plaintiff in a plea of debt for three hundred and  twenty pound or in a plea of trespass with a ac etian and the condition be to  answer the plaintiff in a plea of debt or trespass general or without mention  the plea at all the variances be hold immaterial for the statute do not  prescribe any strict form of the bind but it be sufficient if the bind be make  in the name of his office and that the condition express the time and place of  appearance and at who suit a variance in other circumstance be not material  villiers v Hastings cro James gardener v Dudgate show Kirkebridge v Wilson lev  Grovenor v soam Mod rench v Britton Mod Cudwell v dunkin t Jones Owen v nail  TR accord where the writ in trespass be to appear before the king at  Westminster and the condition be to appear before the justice of the king  bench at Westminster the bind be hold good Kirbride v dyke lev S C Jones  Lawson v haddock vent and where the writ by original be returnable before the  lord the king wheresoever he shall then be in England and the condition be  without the word wheresoever c the court hold the bind good say they will  understand that by appear coke report b er p have be adjudge in this court  Trin e rot in debt by Dawson sheriff of b against Burman upon a bind the  defendant plead the statute of h and show that one king recover debt and  damage against he and sue out a writ of become facias against he direct to the  sheriff of b and that he make the bind to the plaintiff for the execution and  that the bind be void by the say Act upon which the plaintiff demurrer and it  be resolve first that the say a bind be not within the say statute because the  statute extend only to such bind which any in his ware make to he b second  that the bind be not void by the commonlaw whereupon the plaintiff have  judgement and the like judgement be give in this court mich Elizabeth rot  inter Burwey and ket upon bind take by the sheriff pro solution pecunice  debilce domince Regin upon a extent out of the exchequer notam reader where it  be say in the last clause of the Act that if any of the say sheriff or other  officer or minister aforesaid take any obligation in other form by colour of  their office that it shall be void it be to be know that there be two manner  of form know form verbalis form of form verbalis stand upon the letter and  syllable of the Act form of be form essential qualities and stand upon the  substance of the thing to be do and upon the sense of the statute because  notilia a branch what to cause to stand non in conversation leaf send in  account radice situation be and accord to this distinction have this branch of  this Act be expound and therefore in h a b if the a sheriff take a single bind  of one in his ware who be bailable it be void for this bind want coke b the  essential form prescribe by the statute for the condition prescribe there be  want which be part of the substance so there b moil say if the sheriff have  let one to bail which be except in the statute and be not bailable and have  take a single bind that it shall be void quod some justitiarii to go away for  by the exception it appear before the king be mean before the king in court  and not before the king in person Shuttleworth v Pilkington strange so a  condition in the bind take in a action by original to appear before the king  at Westminster be sufficient Jones v stordy east but where the writ be to  appear before his majesty justice of the bench at Westminster and the  condition be to appear before the king at Westminster the variance be hold  fatal for they be different court Renalds v smith taunt SC marsh Vid impey v  tailor m S mill v Pollons taunt sc  b more serj William note postern v hanson  sand ante note c   a the statute do not extend to such obligation as be give  to or for the benefit of the plaintiff therefore where a attorney undertake to  appear for the defendant he be bind to do so and the court will enforce a  performance of his contract by attachment though his undertake be not in the  form prescribe by the statute Roger v beef TR also a promise to the plaintiff  to pay in consideration of be discharge from the custody of the sheriff be not  void Hilward v clark cro Elizabeth and a promise by a three person to the  bailiff on the plaintiff part that if he will permit the prisoner to tarry out  of prison to pay the debt have be hold to be bind Benson v French I lev SC  side Vid Rushant v wale t Jones so a bind give by a three person to the  plaintiff with a condition that the party arrest shall either give approve  security for payment of ninety pound or render his body to prison at the  return of the writ have be hold good hall v carter Mod a ander b in a action  on a bail bind it be not necessary to state that the defendant in the original  action be arrest and if state it be not traversable for the word of the  statute Ann c which enable the plaintiff to take a assignment of the bail bind  be general enough to include the case where the party have not be arrest and  it will be attend with mischievous consequence to set aside bail bind take  civil without expose the party to a arrest Watkins v Parry I strange Haley v  Fitzgerald ib a Plowd a b Br Det die pl Br obligate Fitzherbert obligate e b b  blow a h b Fitzherbert bind coke report a er p that it be not the intent of  the statute that they shall be let to bail and so the bind be take in other  form than the statute intend and I conceive that as well in the same case of h  as in the principal case of dive and manningham blow Com the bind which have  condition to c save the sheriff c harmless when the sheriff against law let we  one to bail who be not bailable be against law and void by the commonlaw and  herewith agree William Wisehams case Elizabeth die d and in e e one be in  custody of the sheriff by force of a capias direct to he upon a indictment of  trespass and the party make a bind to another by the nomination of the sheriff  upon such condition as the statute prescribe for the surety of the sheriff and  there it be hold that the bind be void because the Act prescribe the bind to  be make to the sheriff himself and that be part of the essential form c so if  the sheriff add to the condition that he shall be f keep without damage  against the king and plaintiff c that shall make the whole condition void for  the reason aforesaid so if the sheriff or gaoler take a bind of a prisoner  with a condition to be a true prisoner d or to pay for his g meat and drink so  if the sheriff add another thing to the matter prescribe by the statute as to  pay so much money for a horse c this addition make the whole bind void for it  be take in other form touch the substance of the matter than be prescribe by  the statute and with all this agree blow Com in dive and Manninghams case but  in pasch Elizabeth in the king bench in a action of debt bring by sir William  Drury late sheriff of the county of Suffolk upon a bind of against a b who  demand oyer of the bind by which it appear that the defendant be only bind in  it and of the condition which be that one more who the say sheriff have arrest  by the force of a latitat out of the king bench shall appear in person at the  day contain in the writ c and plead the statute of h and that the say bind be  take in other form than the say Act prescribe c upon which the plaintiff  demurrer in law and it be object that there be three variances from the form  prescribe by the statute know one in the bind and two in the condition in the  bind because plaintiff take but one a surety and the statute prescribe  reasonable surety of sufficient person in the plural number have sufficient  within the county where such person be so let to bail in which case there  ought to be two surety at least coke a and here be but one surety and the b  plural number can be satisfy with the singular and so against the word of the  Act for the more and the more able the surety be they will the rather cause he  who be bail to appear and thereby justice will proceed with more expedition  and so against the intention of the statute and with all this agree the  opinion of Montague chief justice of the common plea in c dive and Manninghams  case also in the condition first the word be that the c Yelv Bulst hob godb  blow b b b d dyer pl keb e blow a b e b Fitzherbert Det dyer pl c accord a  agreement in write make by a three person with the sheriff officer to put in  good bail for the defendant at the return of the writ or surrender his body or  pay the debt and cost be void Roger v beef TR Feathersion v Hutchinson cro  Elizabeth and Vid blithman v Martin Bulstr so also a undertake of a attorney  for the appearance of a defendant Parker v England smith full v press TR or  that he will give a bail bind to the sheriff in due time be void Sedgworth v  spicer east but a promise by the plaintiff to the undersheriff that he will  not take advantage of a escape in consideration of his deliver the warrant to  a particular person name by the plaintiff be bind Dabridgecourt v smallbrooke  cro Elizabeth SC Owen f blow b d such bind be good if not give for ease and  favour Lenthall v cook sand and vide note ib and reenel v Elworthy latch g  blow a b a cro Elizabeth Noy Cr James Cr car Mod b post b a Plowd a c Plowd a  coke report b er p prisoner shall appear in d person where the word of the  statute be shall appear general without these word in person that he shall  appear at the day c ad to answer whereas these word ad respondend be more than  the statute prescribe and so likewise for two reason the condition vary from  the form prescribe by the statute and by consequence the bind void as in the  say case of e h e and dive and Manninghams case but it be resolve by sir  Chrand spher Wray sir Thomas gawdy and the whole court of king bench that the  say bind be not make void by the say Act for as to the first the word upon  reasonable surety of sufficient person be add for the surety of the sheriff  and therefore if he will take but f one surety it be at his peril for he shall  be amerce if the defendant do not appear and therefore the statute do not make  the bind void in such case e for the say branch which prescribe the form  require that the bind shall be make to the sheriff himself c by name of his  office and that the prisoner appear in which clause no mention be make of the  surety so that the intent of the Act be that forasmuch as it be at the sheriff  peril to leave it to his a discretion to take one or more for his indemnity  and peradventure it will he better for he sometime to take one who be  sufficient than two other and although the surety or surety have not  sufficient within the same county as the statute mention yet the bind be good  enough for those word of the Act as to this point be more for counsel or  direction of the sheriff than for precept or constraint to he and that for the  safety of the sheriff for if the defendant can find two sufficient surety have  sufficient within the same county the sheriff be not bind to let he to bail  and this resolution agree with the old rule know who to be able TenunciaTe law  pro see introduct b as to the say two addition to the condition of the say  bind more than be in the statute it be resolve it be true there be a verbal  difference from the form prescribe by the statute but none in substance and  effect for he who be so bail ought to appear in person for so much be imply in  this word of the Act appear and therefore at the commonlaw when any tenant or  defendant be command to c appear in any court he ought before the statute  thereof make in all case to have coke b appear in proper person and therewith  agree d f n b and the book before cite so for the same reason the other  addition be not material for he who ought to appear ought to appear ad  respondend e too little to carry apart queen re concordant et be ipsor  legislator tanquam viva vox rebus et non word law imponim vide Elizabeth dyer  f there the condition be in the conjunctive appear and answer in the  copulative and yet the bind good Trin Elizabeth in the king bench inter Danby  and Hethcote in a writ of error upon a judgement give in the Marshalsea it be  resolve that if a sheriff or gaoler for the ease and enlargement of any who be  in his ware take a promise to save he harmless d Cr Elizabeth Nov Owen Goldsh  say Leon h a b e b before a b Cr Elizabeth Cr James Cr car Plowd a Noy before  b e so though a replevin bind be execute by one of the surety only it be  nevertheless available by the sheriff against such surety Austin v Howard  taunt SC marsh b more but where a sheriff have take a bailbond execute by only  one surety the court refuse to set aside even on payment of cost a attachment  which have issue against he for not bring in the body king v the sheriff of  London bing a cro Elizabeth b   light a a Inst keb cart light Rep Stamf   b c    b   light a Inst f n b c Cawley lev d f n b c e   b Bulstr f dyer pl Cr  James coke report b er p that although the statute speak only of a obligation  with condition yet it be in equal mischief g and Wray chief justice say that  the statute will serve for little or no purpose if promise shall not be take  within the statute and the say late clause be general know and if the sheriff  take any obligation in other form that it shall be void within the equity of  which word any obliigation a h plank si I ta en for as it be say in the  ancient verse word to tie man the Taurians cornua run cornu bos take hold  voice bookbinding a human being when word to cause to stand are specific ratio  autem general generally to cause to stand be intelligend and it appear by the  preamble that the statute be make to avoid perjury I extortion and oppression  three most horrible and odious sin and therefore for the suppress of they and  for the advancement of truth and justice the word of the Act shall have a  benign and favourable interpretation in haec for queen are favorabilia anim  however much are injurious rebus fiat sometime extentio stututi and the  extortion and oppression which be do to prisoner be the most odious because it  be scevire in to feel pain to put to pain affliclis and it be true that before  this statute the sheriff gaoler c sometime for ease or enlargement and  sometime by oppression and duress will extort from the prisoner by colour of  their office diverse sum of money and other profit and so by such pillage and  extortion they be enrich and the prisoner impoverish and the proceed of  justice delay and it be well say in dive and Manninghams case a that a  extortion be no other than robbery but be more odious than robbery for robbery  be apparent and have always the appearance of vice but extortion carry a  visage of truth and be more difficult to be try or discern and be likewise  oftentimes accompany b with the damnable and damned sin of perjury in breach  of the oath which the officer take when he be admit to his office and  therefore it be the more odious a c Extorlio be sin when quis multicolored  duty to twist out quod non be debt is owed well quod be above debt is owed  well ante time quod be debt is owed and it be call sin expilationis and sin  concussion also it be say that the say assumpsit do not bind the prisoner at  the commonlaw because the consideration be against law vide Elizabeth dyer d  Onleys case