case in chancery Simpson and field march the case a surety not bind by law  shall not be bind in equity I S be indebt to I d by bind of pound to perform a  award be due pound to the obligee I d put the bind in suit against I exhibit  here to be relieve against the suit and a injunction award on recognizance to  abide the order on hear field and the obligee be bind in the recognizance  which be pen to pay what shall be report due by n h a master name in the  defeasance or condition but the master die before any report make and so also  do the obligor who die intestate worth nothing by the strict pen the award  case in chancery er p of the defeasance the recognizance be not suable at law  because no report be make by the master the obligee because he can not proceed  in the Cause without revive the suit which be abate by the death of the  obligor who be one of the plaintiff in the bill procure Administration of the  obligor to be take in the name of a poor fellow and in his name revive the  Cause and bring the Cause to a hear and a reference to a master to take  account of the just debt who report pound due the question be if the surety  shall be charge it object that this be a manifest fraud and practice of the  obligee to bring a charge on the surety who be not bind by law and the  practice be plain for the revivor be by the administrator which no man will do  to charge himself but this be answer and every day do when a Cause can proceed  for want of party videlicet administrator c to take Administration c but the  great question be if the surety who be not liable in law shall be make liable  in equity for the plaintiff have good remedy for a just debt and just proceed  to recover it but the court stay his suit and take ill security which prove so  and the debt lose thereby and therefore the court be bind to do we right and  the intent of the court be that the debt if due shall be secure and the intent  be not with reference to this or that master report for suppose that the court  have during the life of the party transfer the case in chancery reference to  another master and he have make a report that shall have bind and in case of a  bind lose this court have make a surety to pay it yet the Lord chancellor  contra for the party be but a surety not bind by law