case aldridge against Snowden this be likewise a motion to set aside a  judgement against the bail where the second to know facias against they be  returnable on the thirteenth day of may and the writ of error be allow on the  same day and notice give between three and four oh clock the same day the bail  surrender the principal and then judgement be obtain against the bail and for  a authority in point the case of mire v Arthur easter term Geo strange a be  cite where it be resolve by this court that after a writ of error be bring on  the principal judgement the proceed upon a to know facias against the bail  shall stay and the bail shall have four day after the affirmance of the  judgement to render the principal or pay the condemnation money and upon the  authority of this case a rule be now make for the plaintiff to show cause c  why the judgement shall not be set aside and all further proceed stay upon  another day a motion be make to discharge that rule because the bail ought to  render the principal c on the very day that the second to know facias be  returnable otherwise the plaintiff must have judgement and it ought not to be  set aside it be true the bail have bring a writ of error on the very last day  allow by law for they to render the principal and give notice thereof about  three of the clock in the afternoon but do not render the principal till nine  day afterward Qure if they do not surrender the principal on the very same day  and even before judgement sign but however it be certain that the surrender  can not be make till after the regular time allow for that purpose be expire  because otherwise this motion have be needless note to the former edition a  which can discharge the bail neither be it any foundation to set aside this  judgement against they modern report the counsel for the bail likewise cite  the case of mire v Arthur to prove modern report er p that they ought to be  discharge for in that case the second to know facias be returnable the  thirteenth day of February which be the last day of Hilary term and notice  give that a writ of error be allow two day before and the plaintiff intend to  proceed on the second to know facias be stop upon a motion it be true the  render of the principal on the day the second to know facias be returnable  will be too late if the writ of error do not help it but that be bring before  the return of the second to know facias the bail have time until four day  after the affirmance of the judgement to which it be answer that this  judgement be regular and though if the bail have come before the return of the  second to know facias and move the court that proceed may be stay against they  there may have be some indulgence but when they do not make any application  till after the judgement be sign it ought not now to be set aside Pratt chief  justice application to stay proceed against bail by reason of a writ of error  bring by the principal ought to be make before judgement sign for such writ of  error of itself be no supersedeas to the proceed against the bail however on  the circumstance of the case since notice be give of the allowance of the writ  of error I think in reason and equity the judgement ought to be set aside pay  cost the bail may surrender the principal at any part of the day of the return  of the second to know facias he be of opinion that it be necessary to move the  court to stay proceed and if they can be stay upon a motion then if the  defendant pay cost and the plaintiff be put in as good a condition as if the  motion have be make in time the court may stay the proceed though the motion  be make out of time and the rather because it be against the bail who ought to  be favour as far as possible fortescue justice such surrender on the returnday  of the last to know facias must be make to sit curian this judgement against  the bail be strict regular and ought not to be set aside the stay the proceed  against the bail when the principal bring a writ of error be mere a indulgence  of the court even when the bail move in time all the proceed be pass for  judgement be obtain this case differ from the common motion to stay proceed on  the bailbond for that be never grant but by make the plaintiff secure of his  debt if he recover for the judgement on the bailbond stand as a security for  the debt when proceed against bail be stay on a motion make in proper time if  the judgement be afterward affirm the bail be allow four day to surrender the  principal after such affirmance the court make a proposal to set aside the  judgement if the bail will be bind to pay the debt absolute without a election  to pay the debt or surrender the principal if the judgement shall be affirm  which not be agree to the rule for show cause be discharge trinity term the  nine of George the first in the king bench sir John Pratt Knt chief justice  sir Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland Knt  justice sir Robert Raymond Knt attorneygeneral sir Philip York Knt solicitor  general