burrow bind versus isaac saint may person listen surrender by his bail vide  post the defendant be bring into court in obedience to a writ of habeas corpus  apply for by his bail and it be agree that he be in custody of the keeper of  the Savoy as a impress man the counsel on behalf of the bail insist upon their  right to surrender he the court namely Lord Mansfield Mr just denison and Mr  just foster have no doubt of their right but only hesitate as to the  disposition of he after he have be surrender Lord Mansfield mention the clause  in the press Act V g c p of not take he out of the service Mr just denison  cite two case videlicet strange the case of the bail of Boise and seller in  this court where the defendant be return to be charge with two civil suit and  several exchequer information for fraud in the custom and when the court be  satisfy of the reality of the debt and priority of the action here the  defendant be surrender and commit to the marshal and a case in Tr v e c dly  burrow er p g king v chilly b r where the defendant be return to be charge  with a contempt in the exchequer he be surrender by his bail here and commit  to the marshal who be immediate serve with a new habeas corpus to remove he to  the fleet this man be a soldier now and by this Act can be take out of the  king service but upon some criminal matter V the Act as above so that it seem  that he may be remand to the Savoy in the present case Mr just FosterIn the  case cite by my brother denison the proceed be ground on e c which enact that  the king debtor shall not be protect from the proceed of their other creditor  against they and it be a matter of right this be a indulgence to the bail to  permit they to bring in the defendant and surrender he but we can take he out  of the king service this not be a criminal matter V ut above g c t so that we  may after we have enter a exoneretur upon the bailpiece remand he to the legal  custody at the Savoy Lord MansfieldWe may first commit he to the marshal and  then remand he immediate to the Savoy burrow suppose he to be a soldier at  large not in custody and that his bail be to bring he in and surrender he he  must be commit to the custody of the marshal upon such surrender but instant r  set at large and so we may do here and accord per cur he be upon be surrender  by his bail first commit to the custody of the marshal but the marshal be  order to deliver he instant r to the keeper of the Savoy and he do so  immediate in court and a exoneretur be order to be enter upon the bailpiece v  post