anonymous S C salk pl a man be not to be discharge upon common bail on a  ground which amount to a determination of the merit of the cause if a statute  direct that all the creditor of insolvent of a particular description shall be  bind to accept any composition a certain proportion of his creditor shall  agree to take and after such a agreement a creditor who be no party to it hold  such a insolvent to special bail for more than he can be discharge upon common  bail though the composition upon his debt will not amount to a man hold to  bail upon a usurious contract can be discharge upon common bail a have make  composition with his creditor accord to the late Act W c and be sue by a  nonsubscribing creditor he move for leave to file common bail upon suggestion  that the debt upon which the plaintiff bring his action accord to the  proportion of his composition will be less than and since the plaintiff though  a nonsubscribing creditor be bind by that agreement it be reasonable that  common bail shall be accept but the motion be oppose because it will amount to  a determination of the merit of the cause and it be compare to the case of a  usurious contract where though the contract be void the defendant be compel to  give special bail quod curian to go away for the plaintiff here may traverse  that the defendant have abscond the nineteenth of November c and also that the  subscribe creditor be real creditor but if the plaintiff have be summon before  a judge then the matter will have receive a determination as the statute  direct or if the plaintiff have be a subscribe creditor and that have appear  to the court it will have be reasonable to allow common bail because his  subscribe have be a confirmation of the composition against himself to know  facias be sue testae of purifying returnable quindena Paschae between the  testae and the return the statute of W c h S for prevent of frivolous and  vexatious suit be make which give cost upon a to know facias and Mr Carthew  move for cost because the return of the writ be after the twentyfifth of march  and that then proper the suit commence bat deny per curian because the statute  subject the defendant to a charge shall be construe strict and in strictness  the action commence from the testae and so it be hold where a latitat be  testae within the six year and returnable after this a will prevent the  statute of limitation and perhaps if the plaintiff have be liable to pay cost  when he sue this to know facias he Lord Raymond will not have sue it and  therefore when he have recover it be unreasonable to give he cost a say vide  burr Lord Raymond er p