case MALEVERER late sheriff of York against REDSHAW Trinity term car roll see  Pickering v Ilfracombe railway company lr c p a sheriff bind condition that if  the party appear then the condition to be void be good for the latter word  shall be reject as surplusage S C side S C sand S C vent S C keb hob l ld ray  will debt upon a bind of forty pound the condition be for appear at a certain  day conclude that if the party appear then the condition to be void the  defendant plead the statute of Henry c Coleman the bind be void by the express  word of the statute be take in other form than the statute prescribe Kelynge  chief justice if the condition of a bind be that if the obligor pay so much  money then the condition to be void in that case the bind be absolute Twisden  justice I have hear Lord Hobart say upon this occasion that because the  statute will make sure work and not leave it to exposition what bind shall be  take therefore it be add that bind take in any other form shall be void for  say he the statute be like a tyrant where he come he make all void but the  commonlaw be like a nurse father make void only that modern part where the  fault be and preserve the rest Kelynge chief justice if the condition have be  that the party shall appear and have go no far it will then have be well  enough Twisden justice then why may not that which follow be reject as idle  and surplusage cur advisare vult a by the Henry c no sheriff c shall take any  obligation of person in their custody but only to themselves by the name of  their office and upon condition write that the say prisoner shall appear at  the day and in the place appoint by the writ and conclude that if they take  any obligation in other form it shall be voie the objection in this case be  that the bind make the condition instead of the obligation void and therefore  be not in the form prescribe by the statute for that although the obligor  appear at the day yet the condition only be make void by that appearance the  bind will remain single and in force but the court be of opinion that the bind  be good for that the word then this obligation to be void may be reject as  surplusage and judgement be accord give for the plaintiff S c sand S C side a  modern er p to assault and battery the defendant may plead it be in defence of  his possession but if he say calmly insultum fecit instead of calmly manus to  place upon it be bad on demurrer S C side S C lev S C keb Ro ab n Lutw Mod ld  ray Lutw a action of trespass of assault and battery the defendant plead son  assault demesne the plaintiff reply that the defendant will have force his  horse from he whereby he do calmly insultum to make upon the defendant in  defence of his possession to this the defendant demurrer Moreton justice  calmly insullum to make be a contradiction suppose you have say that calmly  you strike he down Twisden justice you can justify the beat of a man in  defence of your possession but you may say that you do calmly manus to place  upon c Kelynge chief justice you ought to have reply that you do calmly manus  he to put down who be eaden transgression the court to express grief nil  capiatper billam unless better cause be show this term