case Harrison vers heart and frank in scacc a account be direct for all money  receive on the sale of stock pledge notwithstanding the day of redemption be  pass it not appear that the defendant have sufficient stock at the day Eq Abr  pl S c this be a bill for a account of the produce of SouthSea stock transfer  by the plaintiff to the defendant heart for the security of and interest and  after deduction of principal and interest that heart pay the balance to the  plaintiff and also that the defendant frank shall account to the plaintiff for  the say which be pay to he to be dispose of for the use of the plaintiff and  the bill suggest that the plaintiff apply to the defendant heart on the that  of may for a loan of who advance that sum to the plaintiff and for security  the plaintiff agree to give his bind and also to transfer to he SouthSea stock  and accord the plaintiff be bind the that of may in a penalty of under the  condition that the plaintiff shall pay to heart on the that of September next  with interest after the rate of per cent be the comens er p same sum mention  in a defeazance of the same date make between the plaintiff and the defendant  heart that on the same day the plaintiff transfer to the defendant heart or  his order SouthSea stock and by a defeazance date the that of may between the  defendant Moses heart on the one part and the plaintiff Thomas Harrison on the  other part recite the say obligation and transfer it be agree that the stock  so transfer comens be transfer to the intent that the same shall and may  remain and be as and for a collateral or further security for the more sure  payment of the say sum of accord to the condition of the say bind and by the  same deed the defendant heart covenant that if the plaintiff shall pay the say  c he will on the payment of the say sum transfer the say stock to the  plaintiff and deliver up the bind and the plaintiff covenant that he will pay  all call c upon the say stock till payment of the money become due and  authorize the defendant if money be not pay to sell and dispose absolute of  the say stock and keep the money arise by the sale towards the payment of the  say sum of interest and charge return the overplus which the defendant agree  to do and it be agree that all gain dividend interest and advantage which  shall arise by reason of the say stock in the say company from the date hereof  shall be for the only use and benefit of the plaintiff unless default shall be  make in the payment of the say c and if the stock of the company before the  shall grow due as aforesaid shall fall in value so as to be sell at or under  the rate of per cent in exchangealley the plaintiff on three day notice shall  give further security c or in default thereof it shall be lawful for the  defendant heart to sell the say stock and keep the money arise by the sale  towards the payment of the say though not then due accord to the bind return  the overplus if any to the plaintiff that the defendant on the that of June  advance more to the plaintiff who give his bind in with condition to pay c on  the say that of September and another defeazance be execute in the same term  as the former save that a power of sale be give if stock lessen to per cent c  that the defendant heart afterward comens dispose of this stock for great  prince for which he ought to account that the whole be pay into the hand of  the defendant frank for which he ought to account to the plaintiff the  defendant heart by his answer confess the loan of on the that of may and the  bind and defeazance accord and another loan on the that of June and the bind  and defeazance accord and say that he have and always have in his own hand or  in the hand of other in trust for he sufficient stock to answer the plaintiff  demand which the defendant keep on purpose without make any sale or  disposition thereof ready to be transfer to the plaintiff or his order when he  shall require on his payment of the and and interest c and by his second  answer to the original bill and three other answer to the amend bill it appear  that on the that of may when the first loan be make the transfer of the first  by the plaintiff be in this manner pound sd2000l be transfer to Benj collier  for l2000l to rob sawbridge at l per cent l l to wolf at per cent l l to the  defendant heart himself who pay to the plaintiff only 5 96000pound that on the  second loan on the that of June the transfer of the second SouthSea stock be  make by the plaintiff in this manner videlicet to Robert Mann at per cent  comens er p pound sdFor l l to count Nassau at l per cent for l 22 200001000l  to John mark at l per cent for l }That the remain l be transfer by the  plaintiff or order to Moses heart who paid17 80000pound and it appear by the  deposition of James travers and comens Benjamin periam two witness examine in  the cause that Moses heart have raise by the sale of the SouthSea stock  transfer to he by the plaintiff on the that of may and on the that of June the  full sum of l S d pound sd Viz by sale of l to collier sawbridge and wolf by  sale on the that of may of l to James sawbridge at l per cent of which l d be  the plaintiff stock for he have only l S d of his own proper stock the sum of  by sale on the d of June of l stock of the plaintiff at l per cent for the  defendant have then no other stock in his own name by sale on the that of June  as above to Mann count Nassau and mark by sale on the that of June to William  dale l at l per cent for m heart have not stock in his own name only l  purchase of Lord Grimston for l of which he have sell l to Charles Goodwin and  l to Bart Zolocastre on the that of June and then sell l to William dale of  which l must be of the plaintiff stock by sale on the that of June to Henry  hankey l at l per cent by sale on the that of June to William Bateman l at l  per cent and to Jo baker as per cent Totalpound comens so by the deposition of  the same witness it appear that the defendant Moses heart have in his own name  upon the that of may no stock except S d and the annuity stock that upon the  that of September he have no stock in his own name except S d and the annuity  stock that part of the S d be pledge to heart by Lord Hillsborough that  another part of the same appear to be in trust for the SouthSea company for on  the that of September the sum of be deliver to heart by Robert knight cashier  to the SouthSea company with a intent to purchase stock for the use of the  company and that heart with this sum make a purchase of SouthSea stock and on  the the of September of this stock be transfer by heart to the SouthSea  company so by the deposition of William Walmsley another witness it appear  that Lord Newburgh say to he on the that of August in exchange alley that  heart have purchase SouthSea stock for he of Isaac Fernandez Nunes at per cent  to be transfer the next transfer day after Michaelmas and for his security  upon the that of August the aforesaid lord transfer to heart SouthSea comens  er p stock in trust for himself and in a short time after the expiration of  the time to perform the bargain the say Lord Newburgh give satisfaction to  heart who detain the stock in part thereof by the deposition of sir William  Stapleton it appear that on the d of June he purchase of heart SouthSea stock  and of Walter SouthSea stock at per cent which heart take to himself upon the  that of September at per cent by the deposition of though Edward it appear  that heart upon the that of August purchase for he Southsea comens stock at  per cent and keep it in trust for he for two year follow when heart take the  same stock for part of the money due to he by Edward which several parcel of  stock videlicet and with the midsummer dividend for the two last parcel amount  to and reduce the stock which the defendant heart have in his own right upon  the that of September to S d by the deposition of Geo Harrison brother to the  plaintiff it appear that upon the that of August heart contract to sell he  SouthSea stock at per cent to be transfer to he within a month after the next  open of the book and deposit for security of his performance of the contract  one subscription receipt of the value of and heart have also contract to  deliver to the d Newburgh the stock mention in the deposition of William  Walmsley for per cent upon the d of September and to col Lumley another at the  same time and for the same price that by the statute saint g c a Geo enable  the SouthSea company to increase the capital stock power be give to the  company to take in the annuity c and by a resolution of the that of may the  company agree to make allowance for each of long annuity subscribe before the  that of may per cent and in money and SouthSea bind and for each per annum of  the per cent annuity and l in money and bind that heart upon the that of April  subscribe per and of the long annuity and per and of the per cent and by the  hand of Edward Harris per and long annuity and by the hand of Wymondsell the  same sum for which he be allow per cent videlicet pound sd for l long annuity  l of l per cent midsummer dividend 2 044171In allpound comens that by a order  of the SouthSea company the book be not open for the transfer of the SouthSea  stock till the that of October and on the part of defendant heart it be prove  by the deposition of Lazarus Simon moyer wag and Isaac frank the other  defendant that on or about the that of June the plaintiff discourse with the  defendant heart who say that perhaps he can not retransfer to he at the time  agree the stock in other than annuity stock have sell to other the say declare  that he well know that be can not have the same stock and will be content with  annuity stock for he do not regard which stock he have and know well the  sufficiency of the defendant that annuity stock be equal in value to the other  and be apprehend to be transferable before the that of September and some  parcel be actual transfer before the say day and frank add that since the loan  of the say sum when stock be considerable advance in price the defendant heart  advice the plaintiff to sell all his stock by which he will acquire a great  estate and therefore offer to he to deliver the whole stock with the dividend  but the plaintiff refuse say that stock will rise to the price of or per cent  and Simon Lazarus add that he be direct by sir John Lambert a director comens  er p of the SouthSea company to purchase stock offer to the plaintiff to give  per cent for all the that heart have of he and to take the security which be  give to heart for it and Isaac helbert add that he offer to heart by the order  of knight and Grigsby for all his stock annuity stock and other stock per cent  who refuse to depart with all his stock by reason of his engagement with the  plaintiff comens as to the defendant frank he admit by his answer that he  receive for the use of the plaintiff the and of heart and such other to who  the plaintiff transfer the stock but say that he dispose of it pursuant to the  order of the plaintiff in SouthSea stock or subscription and from time to time  give to the plaintiff a account in write how he have dispose of it which write  the plaintiff peruse and it be leave with he and afterward declare his  approbation of the account and after all the money dispose of for the  plaintiff a balance of remain due to the defendant frank which be demand of  the plaintiff who admit such sum due and promise payment that by fire the that  of January all his paper and account be destroy or lose wherefore he can not  now account and it appear that frank be not make defendant to the original  bill of the plaintiff file in Michaelmas but afterward in Michaelmas term  frank be make one of the defendant and by the deposition of Abraham Solomon  who be employ to purchase the stock and subscription for the plaintiff it  appear that he deliver a account to the plaintiff in write of all the sum for  he expend and of all the stock or subscription for he purchase in the SouthSea  company or other company and apprehend that the account be just that the  plaintiff peruse they and about two day after the delivery of each account the  plaintiff declare that he have inspect and be satisfy and Abraham and Benedict  Solomon testify that the plaintiff promise payment of the money demand as the  balance due upon those account to the defendant frank and the sum demand  exceed upon this case it be insist by the attorneygeneral and other counsel  with the plaintiff that the defendant heart ought to render a account to the  plaintiff for all the money which he have raise by the sale of any part of the  comens allege to be transfer to he by the plaintiff and after a deduction of  the principal sum and interest to answer for the residue of the profit to the  plaintiff first this seem agreeable to the nature of the transaction for when  a pledge of stock be make by the plaintiff to the defendant it be consonant to  law and reason that the defendant shall render td the plaintiff upon mutual  payment of money the stock and all the profit arise from it if a man distrain  his tenant and labour the distress be shall give damage to the party to the  value of the labour so by the civil law the fruit and profit arise from a  thing in pledge ought to be account for to the debtor and after deduction of  its principal and interest the surplus arise from the sale of the pledge ought  to be restore to he roof I vol de deposit all that shall arise or accrue from  the thing which be mortgage or that shall augment it accrue to the mortgagor  so title Donats Civ law p a cum lot nomin usurar to some degree to withhold ab  eastern who sub pledge nomin money debet whoever ex vendition pledge To take  back at first interest quas jam tune to withhold constat then si quid super  cast or draw lots receipts to bear be so in the case of a mortgage the  mortgagee shall answer for all casual profit if man pledge a diamond for and  it be sell for shall not he have a account give he of the surplus by the  commonlaw be who receive a pledge have no other property in it than to detain  it till his debt be pay nor can he use or sell it cro so by the canon law line  the canon of pledge say inhibem ne pignus to hold back quispiam to stretch  after de produce lot to take wholly downward pull expenditure quoniam interest  be and it seem to be confirm by a resolution in this court in the case between  Eq Abr pl in note bro p c b mercer and Tutt which be afterward affirm by  parliament upon a appeal on the d of march mercer have borrow of Tutt and for  his security give his bind for payment and also pledge a second subscription  No and it be agree that if mercer comens pay the money Tutt shall restore the  subscription and if he comens er p do not pay it that Tutt may sell afterward  Tutt sell the subscription whereupon mercer exhibit his bill in this court for  a account of the money raise by the sale the defendant insist that he have  preserve another second subscription No in lieu of that and upon debate  concern the subscription pledge a trial be direct and a verdict find for the  plaintiff whereupon a account be decree so in the case of Eq ab pl in note c  Merrick and spark mich stock be mortgage by Merrick for the mortgagee after  this mortgage it for whereupon Merrick exhibit his bill for a account of the  overplus and a account be decree second this be the express agreement of the  party for by the defeazance it be say that the stock shall be and remain a  further security for payment which show that the intent be not that it shall  be sell for then it will not continue a security and it be pledge only as a  collateral security for the obligation which be principal intend for the  security of the defendant therefore by the same defeasance the defendant heart  covenant upon repayment c to transfer the say stock to the plaintiff and the  plaintiff covenant to pay all call upon the say stock but if the stock be  intend to be sell it can not be transfer to the plaintiff nor can there be any  call upon it and it appear more full by the covenant and agreement which say  that all gain dividend c arise by the say stock shall accrue to the plaintiff  and by the subsequent covenant which show in what case it shall be sell  videlicet if it fall to but in that case the defendant be to account for the  overplus and when the party express agree that upon such diminution in value  it shall be sell and that in such case the defendant ought to account for the  sale it can never be intend that in any other case it may be sell without  account if the plaintiff ought to have a account of the profit which arise  comens from the sale when the sale be allow by the consent and agreement of  the party shall it be say that he be not Accountable for the sale when sell by  himself and in breach of the trust repose in he three this construction of the  article be very reasonable for if the plaintiff will sell the stock be may  have sell it himself it will be very dangerous that he to who the stock be  pledge may traffic with it where shall the stock have be find if the defendant  have become a bankrupt while the specify stock remain in his hand the  plaintiff in case of bankruptcy can resort to it and take the stock out of the  hand of the commissioner or assignee but if it be sell what remedy shall be  have and it be therefore necessary that the party be strict bind to his  agreement the agreement in write shall always be the rule of the action but be  more necessary in thing which fluctuate in the manner that stock fluctuate and  be more requisite in the case of a broker who by a Act of parliament be to be  swear and ought not to intermeddle with stock and therefore when he act  contrary he ought to be strict oblige to the letter of his agreement fourthly  if it be say that the agreement in write be vary by the subsequent transaction  because the plaintiff himself transfer part of his stock to other therefore  the defendant heart reserve other stock for the performance of his contract it  do not appear that he apprehend the person to who the plaintiff transfer his  stock be other than trustee for heart and the plaintiff by his answer swear  that he take they to be his trustee but if it make any variation can a  agreement in write be vary by word five as to the allegation that heart  reserve equal quantity of stock at all time out of which he can answer to the  plaintiff it be agree by Mr Cowper that if the allegation be true it be a good  answer for if a man have take other on pledge and then dispose of only it be  not any inconveniency to the party and comens it can be know if the plaintiff  stock be transfer or his own stock but it be insist that upon the that of may  the defendant heart have only in his own name and upon the that of September  although he have in his own name yet he be only trustee for other as to the  great part of it and the annuity stock ought not to be regard because it be  not transferable till the five of October and therefore can be of no use to  answer the demand of the plaintiff upon the that of September precede six the  defendant heart himself be conscious that he have sell the plaintiff comens er  p stock contrary to his agreement and that he have not sufficient stock of the  same nature whereby he can answer the plaintiff as it appear by his vary  defence and by his vary answer for by his first answer he say that he have  always have in his own hand or other in trust for he sufficient to answer the  plaintiff demand which he keep on purpose without make any sale or disposition  thereof ready to be transfer to the plaintiff or his order by which every one  see that the intent be that the defendant shall have all the while stock  sufficient to answer to the plaintiff stock pledge by the plaintiff and that  be never have sell or dispose of any part of this stock but by his second  answer the contrary appear for then he confess that he have sell the plaintiff  stock immediate after the transfer to he and that he have no stock of his own  only S d which he immediate dispose of and have no proper stock for a long  time but then by his three answer he make his refuge to the annuity stock for  he say that he have subscribe in SouthSea stock on the that of April his  annuity for which he be allow in the SouthSea company S d which with the  midsummer dividend be augment to S d and that he have also other stock in his  own name to the value of S d but comens upon examination it appear that the  annuity stock be not transferable till the that of October and that his other  stock be for the most part in trust for other and that for the residue he have  make contract for sale of that to other so that be have no stock or only a  very small quantity of stock upon the that of September with which the  plaintiff can be satisfy and this matter be manifest he by his four and five  answer will resort to the Act of parliament by which he say that the annuity  stock be in its nature transferable from the time it be transcribe to the  SouthSea company by force of the statute Geo saint Geo c a as to the other  defendant it be urge by the attorneygeneral and other of counsel with the  plaintiff that it be a plain case that frank who have receive for the use of  the plaintiff as be himself admit shall be Accountable to the plaintiff for  that sum and his pretence that he have give the plaintiff a account each day  in write to he deliver that do not amount to a state account and a account  current never be allow to be a bar to a bill exhibit in equity against any  person to have a account and his excuse that he have lose his book and paper  by the fire year be a mere subterfuge for although his first answer be swear  to after such fire yet he make no mention of his book then lose till his  second answer and if it be true yet it be no bar to the account only it shall  be a argument for a special direction of the court for the manner in which his  account shall be take but by Mr reeves and other of counsel for the defendant  heart it be insist that the defendant heart be not Accountable to the  plaintiff for the money raise by the sale of this stock pledge and transfer to  he by the plaintiff but the bill of the plaintiff to such intent ought to be  dismiss for the argument deduce from the canon and civil law be not material  to which stock can not be know but by the commonlaw which be the most proper  guide in this case the comens pawnee have a special property in the good  pledge to he and may sell they if it be without prejudice to the pawner salk  and if he be rob be shall have a action against the pawner for the money lend  to he for he be not bind to take more care than of his own good in the case of  clog and Bernard annae b r salk and therefore this case can be like a mortgage  of land which natural produce profit which be intend for the satisfaction of  the mortgagee but stock be only a equitable interest out of which no profit  arise only the dividend or interest the casual advance of the price be the  effect of fancy for it have no intrinsic value and therefore the plaintiff who  be not party or privy to the transaction in the traffic by sale of the stock  as be will not be charge with any damage that heart may thereby sustain  therefore he shall not answer to he for the benefit or gain in the case of  mercer and Tutt the second subscription No and the second subscription No be  both sell but No be sell for a great sum and the defendant will have give he  the money obtain by the sale of the No and place his defence upon this that  this number be the subscription pledge to comens er p he by the plaintiff and  that be find by verdict to the contrary the defendant be decree to answer for  the No the cause of Merrick and spark be a mortgage make of land and do not  come up to the present case nor can any case be show in which the court have  order a account of the disposition of stock that be allow to be disposable in  its nature as to the contract in this case it do not appear to be the intent  of the party that heart shall be restrain from the disposal of the stock of  the plaintiff transfer to he for although stress be lie upon the word of the  agreement yet the word be not to be regard for it appear to be a print form  and not draw to answer the particular intent of the party at this time but by  the word of the agreement it can be collect that the same numerical comens  stock shall be transfer to the plaintiff upon the that of September which be  transfer by he on the that of may without variation the same in quantity and  quality satisfy the word the same shall remain and be as and for a collateral  and further security of the say and that upon payment c he shall transfer the  say stock to the plaintiff c and by the same argument it may be say that the  same numerical money shall be repay for the word be for the repayment of the  say sum of and although heart covenant to answer for all the dividend c it  import only that he shall answer for the stock give in pledge with all  augmentation of the value for the dividend c be equal allot to all the stock  in that company and make each share so much more in value and although liberty  be give to sell the stock when h e price shall be diminish to per cent the  intent be that the defendant then may make a absolute disposition of all the  stock which the plaintiff ought to have upon the that of September and that  then he shall account for the money which such sale produce not that the  defendant shall be restrain from negotiation with the stock of the plaintiff  in the interim and it can be collect that the plaintiff intend to restrain the  defendant from negotiation with the stock to he transfer by any part of the  transaction between they for the plaintiff himself on the that of may transfer  stock part of the make security for the to collier sawbridge and wolf to who  heart have sell some stock before and the plaintiff himself sign the receipt  to they for t he money pay by they for the so sell and in the same manner the  plaintiff himself on the that of June transfer part of the second stock to  Mann count Nassau and mark to who the defendant heart have before sell so much  stock and the plaintiff himself sign the receipt for the money by they pay for  such stock to they respective sell which show that the plaintiff know well  that his stock transfer be not to be keep by heart in his own name and  although it be then pretend that the plaintiff conceive those person to who  the plaintiff transfer his comens stock to be trustee for heart yet it seem  impossible to be conceive when the stock be not only transfer to they but they  pay also for it and the payment be make to the plaintiff himself who give to  they his receipt for the money and it all amount to a demonstration that those  person can not be take for trustee for heart and if it be consider at what  time the loan of this great sum be make to the plaintiff without any premium  only the interest at per cent it can be imagine that the stock be intend to be  useless for so long a time the plaintiff do not expect his stock until the  that of September and it be indifferent to he in what hand it be during that  time if he have so much stock on such a day and the word be strong for it do  not say on or before the that of September but on the that of September and  therefore if the plaintiff have so much stock transfer to he at such a time it  suffice and although it be object that the agreement in write can be explain  by word in evidence yet it be always allow to take into consideration the  circumstance of the case by the exposition of a fact between Wilkins and Elkin  a agreement be make to take a lease for nine year and that the lessee shall  pay for rend a trial be direct to know the value of the land and upon that it  be decree that the lessee shall pay a year and not for the whole term though  the word be so in Lord chain case   Brownl style Leon hob a where a man have  two son name John devise land to his son John proof may comens er p be admit  to show which son be intend so if a fine be levy of the manor of d and there  be two manor of the same name roll Abr then if heart by the intent of the  agreement be not prohibit the sale of the stock so that he have sufficient to  reassign to Harrison upon the that of September here it appear plain that he  have sufficient at that time for he have annuity stock sufficient without  doubt and though by order of the SouthSea company the stock allow for annuity  c subscribe to the company be not to be transfer till the that of October yet  it be in its nature transferable and then the comens order of the company can  control the SouthSea company be erect by the statute annae c and every  proprietor of any share in the joint stock of the company have power to  transfer his share to another then by the statute Geo when proprietor of  annuity have subscribe the same proprietor be to have and enjoy such share as  be allow they by the company in lieu of money for the annuity c by they  subscribe and in respect of such share be to be take as member of the company  and shall in proportion to the same share be entitle to the same benefit power  privilege and advantage as other member of that company ought to enjoy in  respect of their share of the capital stock and all such proprietor from the  time of their agree by contract subscription or otherwise to accept such stock  in lieu of their annuity c shall have credit in the book of the company for  their proportion or share in the stock of the corporation and in all dividend  and advantage to attend the same and therefore the annuity stock be subscribe  in the time limit by the Act ought to have all the advantage allow by the Act  which the original SouthSea stock have and by consequence be sufficient to  answer to the plaintiff for the stock pledge by he to the defendant but if  this annuity stock be not sufficient for such purpose yet he have other stock  in his own name to the value of S d out of which he can satisfy to the  plaintiff the by he pledge upon the that of September and although he be under  contract with other and have purchase part of this stock with a intent to  transfer it to the SouthSea company and it be transfer accord yet upon the  that of September all be at his disposal and if he have transfer it to the  plaintiff no other have any demand upon it against the plaintiff nor can  pursue his remedy against the plaintiff in law or equity to recover alley part  of the stock so transfer to the plaintiff and it be not to be omit that it  appear by several deposition that the plaintiff himself always declare that he  shall he be content with annuity stock comens and there be one circumstance  considerable in a court of equity that the defendant heart have persuade the  plaintiff to sell his stock when the price be at per cent and have offer he to  furnish all the stock at such a time and that the defendant heart be offer per  cent for all his stock but refuse to take that price in regard that he be  oblige to retain for the demand of the plaintiff until the that of September  as to the defendant frank it be insist by Mr lee sergeant Sheppard and other  of counsel with he that as to the charge that he be confederate with the  defendant heart it be deny by the defendant and not prove by the plaintiff and  for all the rest upon the second charge against he that he ought to account  for the several sum which he admit to have receive for the plaintiff videlicet  the and as to that the defendant by his answer say that he have disburse all  those sum for the use of the plaintiff and have give to the plaintiff from  time to time a account in write how the defendant have disburse those sum  which the plaintiff have inspect and a prove and afterward declare that a  balance of remain due to the defendant frank upon this account for which sum  he the plaintiff acknowledge himself indebt to the defendant frank and promise  to pay that balance to he and such general answer suffice where the charge by  the bill be so general for the bill charge that the defendant have receive  those money and have disburse several large sum in the purchase of SouthSea  stock and subscription but some part remain not disburse by which the  plaintiff admit that the defendant have discharge part of those sum and yet  demand a account of the whole and do not specify for what part he have account  and for what part he have give no account comens er p and especial when the  defendant act as servant or agent for the plaintiff and if the plaintiff  employ his servant comens in the purchase of several particular thing who  immediate give a account of his expense to his master be shall not afterward  demand a account of such particular and the bill in this case be not original  exhibit against the defendant frank but against the defendant heart only but  afterward when frank be to be examine as a witness for heart to prevent his  testimony the bill be amend and frank add as a defendant and after his paper  be lose by fire it will be very bare to require a particular account bow those  sum be disburse without charge any error or misprision in the particular of  the account before deliver to the plaintiff the court deliver no opinion but  direct a issue to be try and afterward upon a appeal to the house of peer this  order be repeal and the lord direct a account for all the money receive by  heart upon the sale of the stock pledge by Harrison and if the principal and  interest be satisfy the residue of the money to be pay and that the residue of  the stock not sell shall be transfer to Harrison Harrison after his attendance  in court upon the cause aforementioned go about oh clock in a coach from  Westminster to Chancerylane with his solicitor and other to give instruction  for procedure in the cause and there continue till or oh clock and then be  arrest by a bailiff upon a call save upon a judgement in to know facias upon a  judgement against he in the court of common plea and now it be move that he  shall be discharge for each party have privilege to attend his cause and if he  be arrest in go or return it shall be a contempt of the court upon which the  officer shall be punish and the party discharge but it be not allow for here  it do not appear that there be any contrivance by the defendant or any concern  in the cause to procure this arrest in which case the court perhaps will  extend its power against the procurer nor do it appear that the officer know  that he have attend his cause at Westminster for his warrant be date before  the arrest and there be comens another eam save take in Trinity term precede  returnable in London where the action be bring and a known on good evidence  cap afterward in London the first return of this term before the eam save upon  which he be then take and the arrest here be not in his attendance upon that  cause but he have continue many hour in another place and if the court shall  discharge he how shall the sheriff be defend against a action for the escape  in Brownl p in the case of Wilson and t sheriff of London in a action for a  escape it be say that the court can discharge if the arrest be in view of the  court otherwise not and in salk where a man go to confess a indictment in the  king bench and be arrest in his journey the court will not discharge he for he  go of his own bead and there be a difference where a man attend upon the court  by process and when not