case james versus fillip Lord chancellor king Eq can ab pl attachment every  attachment return on which a order for a sergeant at arm be ground must be  enter in the register office else irregular suitor have pay the officer his  fee and the officer have neglect his duty by which mean the process become  irregular the suitor be to pay the cost but he to have they over against the  officer and though the officer in such case die yet this be a duty and matter  of contract his executor will be liable in the plaintiff bring his bill  against the defendant as executor of I S for a legacy of pound in he obtain a  decree to be pay out of asset and for the defendant to account for his  testator personal estate in on the master report that the defendant have asset  he be order to bring the money report in his hand into the bank by such a day  for not comply with which tile plaintiff take out process of contempt against  the defendant and proceed to take he up in Wales where he live by a sergeant  at arm but the process be refer for irregularity the master report it  irregular the return of the two attachment upon which the order for a sergeant  at arm be ground not be enter in the register office Reg lib a fol Broomhead v  smith Ves upon this the plaintiff move to discharge the master report suggest  that he have do his part and leave the attachment with the agent of the  register in his office where he have pay the usual fee for enter but that the  register or his agent have not enter they all which appear on examination the  court order the master to tax the defendant cost out of purse only which the  plaintiff who be report peer William to have be guilty of this irregularity  shall pay to the defendant but that these shall be answer over to the  plaintiff by the register after this Mr price the register die have leave  Elizabeth Maddox executrix the cost be tax at pound and the matter come on  again on petition Mr mead object that here be a personal neglect or  misbehaviour in the officer it die with he that if there shall be a decree for  cost and the defendant die before taxation these will be lose which be strong  than the present case where there be but a interlocutory order or if the  executrix be liable the plaintiff have his remedy by action at law to which I  answer and so it be hold that this be not a bare misbehaviour or neglect in  the officer but the plaintiff have carry the attachment to the office and pay  the fee for enter the register by his acceptance of they have promise and  agree by implication of law to procure the return to be enter wherefore the  not do that which he take money for and engage to do be a breach of his  contract and be a duty can not the with the person although nothing have be  ascertain in the lifetime of the register just as if he shall have promise to  pay so much money as the master shall tax this will not die with the person  that though cost if not ascertain on the death of the party be in some case  lose yet here with respect to Mr price they be to be look upon as a duty and  not as cost only which this court will not suffer to be examine by any other  court in a action but determine itself as in all like case in a summary way  that the executrix of Mr price stand in his place and have asset she shall  thereout pay this pound to the plaintiff but there be no one in court to admit  asset for her it be order that she shall be examine as to her have asset in  the principal case the attachment be follow by the usual process a commission  of rebellion but by the course of the court that issue only to the sheriff of  Middlesex cost direct to be pay out of a particular fund though not tax shall  not be lose by the death of the party entitle to they blower v Morrets atk  Johnson v peek ves Kemp v mackerel ves jenour v jenour Ves Lowten v mayor of  Colchester mere but cost give general be hold to be lose if not tax in the  life of the party to receive they jupp v jeer peer William er p mad though  Lord Rosslyn hold otherwise in Morgan v Scudamour Ves jun Ves peer William de  term S HILLARII