case martin against budgell if want of a bill file be assign for error and the  chief justice certify that no bill be file in that term it shall not be file  in another term S c post this be a motion for leave to file a bill to warrant  the proceed in this court after a writ of error bring in parliament and the  want of a bill assign for error and upon a certiorari direct to the chief  justice he certify to the house of lord that there be no bill file in Hilary  term it be now move to file a bill modern report as of another term a rule be  make to move the house of lord for another certiorari and the house order that  the plaintiff shall have leave to bring another certiorari to certify a bill  file of another term and now this court be move that the plaintiff may have  leave to file a bill as of that other term videlicet as of Michaelmas term and  to enter continuances to warrant the proceed the like have be do in the case  of Walmsley v Cerey see post a where in the common plea the memorandum be  allow to be mend and set right by the bill it be to affirm the judgement of  this court which have be affirm on a writ of error in the exchequerchamber now  in the principal case a writ of error be bring in the house of lord after a  bill exhibit in chancery for relief and that bill dismiss on hear the cause  for which reason this court ought to do anything in their power to support  this judgement especial since the merit be entire against the plaintiff in  error otherwise he will have be relieve in equity e contra this motion be  improper because the want of a bill file in such a term be assign for error in  the house of lord and that want be certify as of that term by the chief  justice therefore a bill of any other term will not warrant this proceed for  the memorandum in this declaration refer to a bill of Hilary term which can be  warrant by a bill of another term and by enter continuances and though the  judgement in the common plea be support by original of former term by enter  continuances it do not follow that the like may be do in this court for in the  common plea the memorandum in the declaration be always general without refer  to any certain term as thus alias prout to stand open boundary pasch c but in  this court it recite that the bill be of such a term videlicet memorandum quod  alias scilicet boundary consecrated michaelis the plaintiff to carry out  quandan billam svan now if there be no bill of that term and the plaintiff  shall get judgement it ought to be reverse for that reason beside where the  want of a bill be assign for error the court may indulge the plaintiff so far  as to give he leave to file one but never after the chief justice have certify  the want of a bill of that term and the record close this be a judgement upon  a demurrer the want of a bill be certain assignable for error and it be a good  cause modern report to reverse a judgement and this appear by the statute make  for the amendment of the law whether c a by which it be enact that all the  statute of Jeofails shall extend to judgement by confession nil to say c and  no such judgement shall be reverse so as a original writ or bill be file which  import that if no bill be file the judgement shall be reverse now if the  plaintiff may have leave to file original and bill at any time it be in vain  to assign the want of they for error but it be plain this can be do at any  time because the filazers will not make they out after two term without  application to the chancery and then it be allow upon some equitable  circumstance but not otherwise and the court seem to be of opinion that this  motion be improper after the want of a bill file in that term be certify by  the chief justice see post b modern report er p