CLEELAND agt rives KB same term bail for a party name in the proceed for  conformity though put in without his direction a indemnity be offer he be hold  good on a rule on one Richardson the defendant attorney for put in bail to the  action without the direction or privity of the defendant as be suggest and in  order Kenyon to surrender he in discharge of his bail on show cause the fact  appear to be that one dr steward be possess of a plantation in Jamaica call  fort steward plantation devise it to trustee for several purpose and that the  right to his estate be now in dispute in the court of chancery that these  trustee consign the sugar in question to Mr ewer a merchant in London that the  defendant wife be one of the claimant of the plantation as daughter to the  doctor and that her own estate be vest in trustee for her separate use that  she be before marriage indebt to the plaintiff in pound for wine that these  sugar come into the port of London the plaintiff attach they for this debt  that Mr ewer the consignee thereupon employ Richardson to take the necessary  step to prevent a sale of they who accord put in bail in the sheriff court in  the name of the defendant the garnishee who he swear be do not know be then in  England as he reside chief in Ireland and look to Mr ewer as his employer  after this be remove the plaint into b r and put in bail above in the  defendant name without acquaint he with it both he and ewer offer to indemnify  the defendant and as his name be use ex necessitate the court think the  defendant sufficient exculpate himself and though ewer have perhaps go further  than he legal can in remove the plaint after he have bail the good for so far  be undoubted may they hold there be no intention to oppress nor can the  defendant be hurt as he offer to indemnify he therefore they discharge the  rule and make it a part of the present rule for ewer to give the defendant  security to indemnify he and this they say be all the court will or ought to  do where a party not interest be of necessity to be name by his beneficiary  and trust iDthe proceed for conformity only