baily against bunning officer execute a writ on the good of one who before  that be a bankrupt S c side keb keb in trover on not guilty a special verdict  find that I S do a act of bankruptcy the six of June I d sue a become facias  test the that of June but real sue out the eleventh of June and by virtue  thereof the defendant be a bailiff take the good and afterward a commission of  bankruptcy be sue and the good be assign by the commissioner to the plaintiff  and if the take by the defendant be lawful they find for the defendant and if  not for the plaintiff and two point be argue saint that the good be bind and  subject to the commission by the act do for the statute subject all good to  their disposal whereof no execution be sue and execute and here the act of  bankruptcy be do not only before the execution execute but even before the sue  of the writ and although by commonlaw the good be say to be bind by the testae  of the writ yet that it be here in case of a statute which give the  disposition of all good whereof no execution be sty and execute and though in  fiction of law the writ be suppose to be sue at the time it bear testae yet  that shall not prevail against a Act of parliament but the word sue in the Act  shall be understand actual sty dly the special conclusion here shall not hurt  the plaintiff but he shall maintain bis action notwithstanding for be it so  that the first take by the bailiff be lawful in respect that the writ shall be  suppose sue accord to the testae which be before the act of bankruptcy do yet  the execution be afterward and therefore though the take be legal yet the  detainer be illegal and it be here find that they be demand of the bailiff and  deny to be deliver which make the conversion and trover will lie although the  party come lawful to the good at first if he detain they afterward as more cro  for the detain of a pawn and cro Uia pman against Allen for good agisted  levinz so cro f n b whereto it answer for the defendant that the testae of the  writ be matter of record and it can be say to be sue at any time after the  testae and suppose it may he say to be sue after yet the bailiff shall be  justify thereby for be can not know what act the bankrupt bad do and if he  have know that he can not know whether any commission can be sue or not and it  be not any return for the sheriff to say that the party be a bankrupt and  therefore he be to be justify by the writ Wyndham say that notwithstanding the  sue of the writ the good be subject to the disposal of the commissioner but he  Twysden and Kelynge all agree that the issue be find for the defendant for the  take by he be lawful by virtue of the writ and levinz er p Twysden say that  the good be bind by a act of bankruptcy commit so that a sale in marketovert  afterward shall not bind the commissioner or their assignee but he say that  whereas our book say that the good be bind from the testae of the writ that be  to be intend when the writ be sue when it bear testae and not if it be sue at  any time afterward and by that mean it shall avoid all sale make between the  testae and the execution as be often do at the end of a vacation to sue out a  writ test the term before and afterward in easter term car judgement be give  for the defendant he be a officer be oblige to execute the writ who can not  know of the act of bankruptcy or that any commission will ever be sue