case Harwood against wheeler and his bail a latitat may be sue out against the  bail after the return of non be invention on the can sa against the principal  but if the bail surrender the principal before declaration deliver on the  latitat the court will stay the proceed against the bail judgement be have  against the principal and after the return of the capias ad to give  satisfaction they sue out a latitat against the bail a and after the return of  the latitat and before the delivery of the declaration the bail render the  body of the principal to prison notwithstanding which the plaintiff proceed on  motion in behalf of the bail the court though this practice in strict rigour  of the law be good b yet it be not fair c for the usual course be by to know  facias and till return of the second to know facias d or on the first a to  know to make e the principal may be render in discharge of the bail f and we  always stay proceed shower KB thereupon g now bail be to be a ante b see  Melcher v Spaleman sand Grimstead v Marlowe term Rep a see Perkinson v Gilford  and other cro car speak v Richard post a cro James stram will ld ray b cro  Elizabeth c ld raym d cro Elizabeth e cro Elizabeth f cro James more SC Bulst  W Jones style Mod g see Wilmore v clerk ld ray Hansley v page barn will mason  v Bruce barn see also burr shower KB er p favour and if the plaintiff have the  body of the debtor what can he desire more in this latitat there be no ac  etian no mention make of anything that will signify to the bail that it  concern this debt and how can they render the body before the latitat be  return when perhaps they have notice of it but the night before h the attorney  and the counsel both be check for this snap practice the counsel answer that  he know not the opinion of the cedents for it Scroggs chief justice since you  have go so rigorous to work we will use the rigour of the law against you as  we may do by imparlances we grant therefore a imparlance till next term and  then move again for the ball