Andrews kingston against holloway proceed stay upon a bail bind assign after  the death of the principal motion by sergeant agar to stop proceed on a  bailbond because the assignment thereof be subsequent to the death of the  original defendant and he argue that by the Ann c S it appear that bailbond  ought to be assign in the Andrews er p Andrews easter term geo h lifetime of  the principal and as the first suit abate by the death of the defendant all  the incident and consequence of that suit abate also thereby though this  matter can be plead on the other side it be say by Mr Stacey that bail ought  to have be put in soon than it actual be and the present application be too  late the latitat against the bail be returnable the last return in Hilary term  last but as to this last point it be say that the declaration be deliver but  last term and per curian it be the plaintiff own fault not to take a  assignment of the bailbond before and though perhaps the original defendant be  in fault in not give bail soon which the plaintiff may have compel he to have  do yet the bail be not in any the penalty of the bailbond only be recoverable  against the bail and the intent of such bind be to procure the appearance of  the principal in order to ascertain the debt whereas now the bail be disable  from surrender the principal and can ascertain the original debt because the  first suit be abate in case of bail the court exercise a equitable power and  will not suffer bail to be injure and chapel just say that if the assignment  have be make in the lifetime of the original defendant and there have be  proceed thereon yet if he have die before judgement the proceed ought to be  stay and be remember such a case in the common plea where though the cause  have be for some time depend and it be Andrews object that a trial against the  principal have be lose yet as he die before judgement the proceed against the  bail be stop because the original debt can not be ascertain in the principal  case therefore the motion be grant but the defendant be order to pay cost it  be swear that the plaintiff do not know of the death of the principal in  sparrow Naylor Blackst proceed on the bail bind be stay because it be assign  when the original suit be out of court by the plaintiff not declare in time