case PAWLEY against ludlow to debt on a bailbond the defendant may plead that  after the arrest and before the day of appearance he render himself to the  officer in discharge of the bind SC show cro James more Jones ray hob Mod Mod  Mod Mod comens stram ld ray ld ray Com dig term Rep debt upon a bind the  condition be that if John Fletcher shall appear such a day in person  justitiariis at Westminster c that then c the defendant plead that after the  that day of November and before the day of the appearance he do render himself  to the officer in discharge of this bind and to this the plaintiff demurrer  darnel for the defendant admit that if a to know facias be bring against the  bail upon a writ of error who plead that after the recognizance and before the  judgement against the principal affirm be render himself to the marshal in  discharge of his bail that this be not a good plea Bulst cro James a but that  the surety be still liable because by the statute James c they be not only  liable to render his body but to pay the debt recover but if a judgement he  have in this court and a writ of error bring in the exchequer Chamber and pen  that writ of error the principal be render the bail in the action be thereby  discharge roll Abr a it be argue on the other side that this be not like the  case of bail upon a writ of error for the condition of a recognizance and that  of a bind for appearance be different in their nature the one be bare that the  party shall appear on such a day the other be that he shall not only appear  and render modern his body to prison but the bail likewise do undertake to pay  the debt if judgement shall be against the principal now where the condition  be only for a appearance at a day if the party render himself either before or  after the day it be not good Herbert chief justice if the party render himself  to the officer before the day of appearance he be to see that he appear at the  day either by the keep of he in custody or by let he to bail the end of the  arrest be to have his body here Mod Tidds practice b if he have not be bail  then he have still remain in custody and the plaintiff will have his proper  remedy but be once let to bail and not appear in court accord to the condition  of the bind that seem to be the fault of the plaintiff who have his body  before the day of appearance judgement for the defendant modern er p hilary  term the first and second of James the second in the king bench sir Edward  Herbert Knt chief justice sir Francis Wythens Knt sir Richard Holloway Knt sir  Robert wright Knt justice sir Robert sawyer Knt attorneygeneral Heneage finch  Esq solicitor general