case bowden against shaw in debt on bind for the discharge of a person in  custody on mesne process if the defendant plead Henry c without hoc that he be  at large at the time the traverse be immaterial but good on general demurrer  Twyford be indebt to the plaintiff Bowden in seventy pound for which he be  arrest and be in custody of Ashby a sergeant of the mace in London be  discharge at the instance of the defendant shaw by give a bind to the say  Ashby for the use of the plaintiff that Twyford shall either render himself or  put in bail at the return of the writ or pay the plaintiff seventy pound which  not be do the plaintiff now bring a action of debt against shaw upon this bind  the defendant plead that the officer take the bind multicolored duty the  statute Henry c on which this plea be find be declare to be public Act and  therefore need not now to be special plead term Rep a without hoc c that  Twyford be at large at that time and upon a demurrer it be say this be a  immaterial traverse but admit it to be so the plaintiff shall take no  advantage of it upon a general demurrer he ought to have demurrer special and  show it for cause then as to the matter it be hold that the officer have take  such a bind to enlarge a person without the privity of the plaintiff who have  power either to confine or let he go it be void and though it be take to his  use it be modern within the equity of the statute Henry c but it may be  otherwise if the bind have be make to the plaintiff himself see the case of  Milward v clark where a promise that a debtor in execution shall appear at the  return of the writ or that he will pay the debt make to the plaintiff at who  suit the debtor be in execution in consideration of the plaintiff order the  sheriff to let the prisoner go at large be hold good because make to the party  who have authority to dispense with his appearance but the court agree that if  the promise have be make to the sheriff or to any other for his use it will  have be void by the equity of the statute cro Elizabeth so also a bind in  consideration of enlarge a prisoner give to the plaintiff be good though in a  different form than prescribe by Henry c hall v carter Mod the undertake of a  attorney also for the appearance of a defendant be good because it be give to  the plaintiff and not to the sheriff Roger v reeves term Rep but a agreement  in write to put in good bail for a person arrest on mesne process at the  return of the writ make by a three person with the bailiff of the sheriff in  consideration of his discharge the party arrest be on this reason void because  it be give to the sheriff Roger v reeves term Rep a modern er p