case Shelden against HENTLEY see Goodwin v Robarts lr ex App Cas queen if a  action can be maintain on a note under seal by which the defendant promise to  pay the bearer by a averment that it be deliver to the plaintiff by the bearer  declaration on a note under seal whereby the defendant promise to pay to the  bearer thereof upon delivery of the note a hundred pound and aver that it be  deliver to he by the bearer thereof and that he be so sander for the plaintiff  there be a averment it be sufficient certain and not a individuum strolling a  specialty need not name the very name of the person si constat de mask at the  time of the delivery so that it be no more than to be bind to the churchwarden  of such a parish which in my Lord hale time be adjudge good Jones justice at  the time of the seal who deed be it and to who use sander answer that it be no  deed till the delivery and then it be the plaintiff shower KB Mr holt e contra  it be not aver that it be seal to the plaintiff use No person can take by deed  that fall not under a description before the make of the deed as a bastard  that have not gain a name by reputation can take by the dame of son here be no  person assign till the delivery the court the person seem sufficient describe  at the time that it be make a deed which be at its delivery suppose a bind be  now make to the Lord mayor of London and the party seal it and after this man  mayoralty be out he deliver the bind to the subsequent mayor this be good  giving up compose paper to speak and by the delivery he expound the person  before mean as when a merchant promise to pay to the bearer of the note any  one that bring the note shall be pay but Jones justice say that it be the  custom of merchant that make that good a and he put this case that if a man be  bind to pay to blank and seal it and afterward a name be put in this be not a  good bind Adjournatur a sir Thomas Raymond say that this fault be hold  sufficient to have quash the indictment for that the defendant be charge with  have absent himself for six month and it appear upon the record that he have  only absent himself thirteen day but that he be leave to have his remedy in  the exchequer because he have not conform accord to the provision of James c a  see Hintons case post shower KB er p