Boughton versus shaw pasch will bind give to the plaintiff himself to appear c  be not within the statute debt upon bind condition that whereas W r be arrest  at the suit of the plaintiff if therefore he the say W r shall appear and put  in bail at the return of the writ or surrender himself to the sergeant then  the bind shall be void the defendant plead the statute of h and that this bind  deliver to the sergeant and take by he in the name of the plaintiff be for  ease and favour and upon a demurrer to this plea per curian a bind give by a  party arrest to the plaintiff himself or by a stranger to the plaintiff  himself for the enlargement of the party arrest be not within the statute but  good three joint obligors a action be bring against two they may plead in  abatement that another seal the bind who be still alive and not name so it be  of a recognizance before a mayor or recorder but they can crave oyer and  demurrer for variance for perhaps all three do not seal and so the court will  intend but it be otherwise of a recognizance before a judge for in a to know  facias the defendant may either plead it in abatement or crave oyer and  demurrer for variance so where there be three joint obligors and one of they  die the plaintiff must show that one be dead for otherwise he can sue the two  survivor and the executor of he who be dead where a bind be make to a b and c  condition that W r shall pay to W W there all of they must join in the suit  for they be but as a obligee and if one of they shall die the two survivor  must join in the action though they have no interest in the money Salkeld two  seal and deliver a bind to W r and afterward by consent of all party a three  be add and he seal and deliver the bind adjudge this do not Salkeld er p make  the bind void but that all three be now bind but it have be otherwise a the  three man have be add without the consent of the obligee debt upon a bind of  which upon oyer appear to be in how much ginta scales adjudge ill because of  the variance and insensibility of the word three be joint and several bind and  a action of debt be bring against one of they alone he crave oyer of the bind  and plead that the seal of one of they be tear off and upon a demurrer this be  adjudge a good plea because it be not the same bind as it be at first debt  upon bind in which the plaintiff declare that the defendant be bind to he the  plaintiff W r in upon non be factum plead the jury find the bind in hoc word  and that it be make to W r and that the word recently vic ox be since  interline et per curian the interlineation may be material but it do not  appear to be so for non constat whether it be to he or not multicolored duty  and therefore the verdict be for the plaintiff but if instead of non be factum  the defendant have crave oyer and demurrer then it have be against the  plaintiff for this variance a it shall seem that this distinction only apply  to the three be bind and not to the validity of the bind against the other