case baber against palmer covenant to take a bind in discharge of a bind be  not a good plea to debt on a bind for it be not a release plead the plea puis  darrein continuance be a relinquish the former plea S c ld ray S c salk debt  upon a bind and the statute of composition of two three in number and value  plead and to that a demurrer and day give over since which day the defendant  plead that since the last continuance the plaintiff do by his deed grant and  agree to and with the defendant to accept a bind for the building of a house  in satisfaction of the first bind and now it be hold not to be a good plea for  it amount to no more than a covenant and not to a release it be also hold that  plead that plea puis darrein continuance be a relinquish of the former plea to  which the demurrer be contrary to hob which be quote and holt chief justice  say that a bind may be a satisfaction of the condition of another bind before  it be forfeit by after and here it be debate whether if part of the money have  be pay puis darrein continuance and a acquittance give for it whether it ought  to be plead in bar or in abatement and style where it be plead in abatement be  quote and Allen have without acquittance and there hold if one have  acquittance in hand he may plead in bar or abatement at election to which holt  chief justice say that as he remember but that he speak upon a old memory that  when such receipt of part be plead in bar it be no plea that be no plea to bar  the whole debt or action but only for so much as be receive as suppose debt be  for forty pound whereof twenty pound be pay before the action bring and that  payment and acquittance plead in bar it be good for so much only in bar and  the law will be the same where the payment be after the action bring for why  shall it not be a bar for so much as well when it be pay after the action  bring as before for its be pay after the action bring do not falsify the writ  more than its be pay before for in both case it modern report equal falsify  the writ and in both case you may demand judgement si action of the twenty  pound which you pay and for which you have a acquittance and the matter of the  plea remain ante et pendent plea for acquittance and payment be a good plea in  bar at any time but it shall be plead quoad so much only and so it will have  be if the payment have be of part before the action bring but cro more   Ent  debt upon bind for forty pound and plead in abatement that pen the action the  plaintiff have attach the defendant money in London and recover it there and  the court hold in that case that such receipt of part ought to be plead in bar  pro tanto but if it be a discharge by the act of the party it ought to be only  in abatement that be when the payment be after the action bring and that there  be no diversity between this and a real action for if a assize be bring for  twenty acre and afterward a entry be make into one of they it shall abate the  writ but holt chief justice say that be where the entry be by one without the  consent of the other but have you ever know it plead in abatement where both  party do consent as when the entry be by virtue of a conveyance make by the  tenant to the demandant but per curian it be adjudge for the plaintiff here  upon the first point and no resolution on the other point videlicet whether it  shall be in bar or in abatement a a in debt on bind payment of part and  acquittance puis darrein continuance can only be plead in bar pierce v Paxton  ld ray S c salk S c post modern report er p