Bagwell and Jobson vide the case before how far the court will direct or not  that a attorney bill shall be tax when a security be give for the payment of  the money Mr lee come now to show cause why the rule shall not be absolute the  case be full lie before the court appear to be thus that a mandamus be direct  to the trinityhouse at hull to restore the plaintiff to be one of the brother  of that society they be Willing to make up the matter so agree to restore he  and that the defendant who be one of the brother shall enter into a bind to  pay the cost of the plaintiff attorney bill the defendant do not pay it upon  which the plaintiff be force to do it and now he bring a action upon this bind  and make affidavit that he be inform and believe the bill be reasonable the  question now be whether the court shall order this bill to be refer to the  master and upon payment of what be due stay the proceed Mr fazakerly say that  in the case of Merlin and Thompson he be inform the court of common plea grant  a motion of this sort whether the defendant himself enter into such a  agreement and the reason for that case be that the defendant have put himself  into the place of the plaintiff and as the plaintiff shall have this privilege  Barnardiston king b the defendant shall have it too now he say he can not see  how the present case differ from that and though he admit very Willing that he  can not bring money into court and strike it out of the declaration yet he say  he think the court have go so far as to allow proceed be stay and tax bill  upon such application but the court say they can not allow of the bill to be  examine in this manner and judge page observe that in no way they can stay the  proceed for he say in action of debt upon bind for a sum certain the court  have go so far but never where the condition be for performance of collateral  covenant and the present case be in reason something of that sort but however  the court advice the plaintiff to go before the master to save a suit in  equity which accord be agree to Barnardiston king b term pascae geo two