boston and forest what shall be say to be a good bailbond in debt upon a  assignment of a bailbond a general demurrer be to the declaration the  exception that Mr strange take to it be that the bailbond be for whereas the  ac etian be only for now he observe that the stat of Geo require that bail  shall be give to the sheriff for no more than the debt swear to and that  appear by the ac etian and as this be a general law he think the exception may  be well take in this way but sergeant chapel say on the other side that he  have know complaint to the court of common plea of officer take more bail than  the sum swear to and they will not make any rule upon they where the bailbond  be pretty reasonable the court say that they think here be two question of  considerable difficulty one whether the statute intend to restrain the sum  contain in the penalty of the bind to the sum swear Barnardiston king b to or  whether the legislature consider bail accord to the legal signification of the  word and so to restrain the sheriff only from take double the sum swear to as  a security for the debt the other question be admit the act of the sheriff to  have be illegal whether the bind shall be consider as void or the sheriff only  punishable for take it to the first of the question the court seem to be in a  good deal of doubt but at last judge Reynolds say that bind to the sheriff be  not give as a security for the debt but only for the party appearance and  therefore he can not see much reason there be for the statute consider the  estimate of the penalty of the bind to be accord to double the sum but he  think the proper regulation of it be accord to the very sum swear to and he  say that before this statute he believe it be a very common thing for the  sheriff to take little more than the sum contain in the ac etian however as to  the other question the chief justice as well as judge Reynolds seem to think  it will be hard to avoid the bind upon this account however the court order  these matter to stand over vide post