coke b BLUMFIELDS case mich Elizabeth in the king bench rot two be bind joint  and several in a bind one be sty and take in execution and afterward the other  the first escape the other can have hearing complaint till the plaintiff be  satisfy in deed if the conusor on a statutestaple be take and escape yet his  good and land may be extend OD the same statute so if the conusor be take and  die in execution if two be condemned in debt and one be take and die in  execution the take of the other be lawful if the defendant die in execution  the plaintiff may have a new execution by elegit or be made fa execution of  the body be no satisfaction but a gage for the debt a plaintiff shall not be  prejudice of his execution by act of law or by the act of God a man shall  never have but one valuable execution coke report a er p so also one final  execution but otherwise where the execution be not final but with a until what  time SC more cro Elizabeth in a hearing complaint between Blumfield and a keb  a Usewick the case be two man be bind joint and several in a bind one be sue  condemned and take in execution and afterward the other be sue condemned and  take in execution and afterward the first escape and thereupon the other bring  hearing b roll Cr James Bulst I roll Rep godb roll ab cro car Br execute show  b complaint and although the plaintiff may have a action of the escape against  the sheriff yet until he be satisfy in deed the other can have hearing  complaint a where there be several defendant a capias ad to give satisfaction  against one be no actual satisfaction so as to bar the plaintiff from take out  execution against the other liable to the same debt or damage foster v Jackson  hob Tidds practice that edition a and peradventure the sheriff be worth  nothing and if the defendant have be sue by one writ by several prcipes  although the entry shall be quod only fiat execution that be to be intend of a  execution with satisfaction for he shall have both their body in execution a  godb Cr James Bulstr hob a h h execution Br ace and so be the book in e e to  be intend hill Elizabeth it be adjudge in the common plea between linacre and  b and Leon Leon roll Rep b Rhodes that notwithstanding the conusor on a  statutestaple be take and escape yet his good and land on the same statute may  be extend for the escape and the action which the plaintiff have against the  sheriff for the escape be no satisfaction of the debt so if the conusor be  take and die in execution the conusee shall have execution of his good and  land and it be adjudge pasch Elizabeth in the common plea between Jones and c  roll roll Rep c William that where two man be condemned in debt and one be  take and die in execution yet the take coke a of the other be lawful and then  it be resolve by the whole court that if the defendant in debt d light Rep  roll Cr James more hetl d die in execution the plaintiff may have a new  execution by elegit or become facias for diverse reason b Lord Ellesmere in  his observation on coke p say the contrary to this be adjudge till James in KB  by the Lord Popham and the other four judge in lamb and cutler case that the  death of the party in execution discharge the debt for ever for mors to loosen  in all respects and accord it have be late adjudge ita the c b in doctor  foster case so as both the court have concur against the resolution report by  the chief justice it seem clear that at commonlaw this execution be deem a  satisfaction so as to prevent the plaintiff from have a new execution after  the death of the defendant Vid foster v Jackson hob shaw v Cutteris cro  Elizabeth clarke v clement TR but now by stat James c the party or privy at  who suit or to who any person shall stand charge in execution for any debt or  damage recover his or their executor and administrator may after the death of  the person so charge and die in execution lawful sue forth and have a new  execution c Vid Tidds practice that edition b because the plaintiff shall not  be prejudice nor the defendant benefit by the act and wrong of the defendant  in nonpayment of his debt when no default be in the plaintiff he have pursue  the due and ordinary course of law the execution of the body be no e Cr James  e satisfaction c but although the take of the body in execution do not  extinguish the debt yet it bar the remedy against the debtor and therefore  preclude a setoff against he tailor v water m S SC Chit Rep contra peacock v  Jeffere I taunt Simpson v Hanley m S c as appear in h coke report b er p h f  Bulst hob roll Rep f Hillarys case adjudge but a gage for the debt as where a  man have return irreplevisable award and it be say in h and therefore after  his death he shall resort to a new execution and the word of the capias ad  satisfac be cap l de S ita quod hab corp e c law cor justice our men c ad  satisfa g de of de debt is owed damn c so that his body be take to the intent  that he shall satisfy and when the defendant pay the money he shall be  discharge out of prison the death of the defendant be the act of God which  shall not turn to the prejudice of the plaintiff as it be say in godb  Trewinyards case h die the plaintiff shall not be prejudice of his execution  by act of law which do not wrong to any one d therefore if one of two  defendant take on a joint can sa be discharge under a insolvent debtor Act  that will not operate as a discharge of the other for the law which work  detriment to no man can in consequence of have direct the discharge of one  defendant so far implicate the plaintiff consent against the fact as to  operate as a discharge of the other nodin v battie east d it will be  mischievous to the plaintiff to lose his debt without any default in he and no  mischief if a new execution shall be do for nothing will be liable to his new  execution but the land and good of the defendant which in law and all equity  ought to be subject to the payment of his debt and be not like when the pl  have execution of the land of the defendant and afterward the land be evict  there before the stat of h a h c Cr James   light b   a a he shall not have  any new execution for the execution of the land be valuable and account in law  for a satisfaction and for avoid of infiniteness there shall be but one  valuable execution or execute with be satisfied at the commonlaw but execute  of the body be no valuable execution and therefore the pl after his death  shall have a new execution till he have have a valuable execution b godb b  which be the end and fruit of his suit et Finis rei attend be fine mandator  dom Reg per rescript svan know short catalog diligent are to watch so note  reader good difference between execution not valuable as of the body of the  defendant and execution valuable as of land c and therefore if a villain be  deliver to one in execution on a recovery in value and afterward the villain  die without issue yet the demandant shall never have a new execution for his  first execution be valuable and by the law a man shall never have but one  valuable execution note also a difference between a execution final as where  the sheriff levy the money of the defend good or extend his land and deliver  they to the plaintiff for that the party accept in satisfaction and that be  the end of the suit and all that the king writ command to be do and between  execute with a c Bulstr c until what time c tend to a end and which be not  final as coke b in the case of a capias ad satisfaciend c it be not final but  his body be to be take to the intent and purpose that he shall satisfy the  party and his imprisonment be not absolute but until what time the defendant  shall satisfy the party but execution final be when the party be satisfy and  because he die before satisfaction it consist with law and equity that the  plaintiff shall resort to a new execution vide king f n b if a man have  recover damage in trespass before justice of oyer and terminer and have the  body of the party in execution until what time satisfacerit the plaintiff and  he who be in execution die he who recover shall sue a certiorari to the  justice to remove the record into the king bench that the justice there may do  on that record as the law require in such case and that be to award a new  execution e title execution if in trespass the plaintiff recover and the  defendant be take for the king fine e as to the capias pro fine in action of  trespass c and its abolition by stat W m c Vid n z porter case   a and note  Mortlake v Charlton sand e if he pray that the defendant may remain in prison  till he be satisfy he shall not have a elegit because he have take execution  of his body and coke report a er p have it but if the party die in prison so  that he have not execution with satisfaction wherein be no default of he he  shall have a elegit afterward because he can have satisfaction accord to the  first election and these be the word of the book and therewith agree  Fitzherbert n b b and if the conusor of a statutemerchant or staple c be take  and die in execution yet the conusee shall have execution without doubt of his  good and land as it be resolve in a and hob Leon Leon roll Rep before b a  Linacres case and so you will better understand your book in ass h e e Br  execution e in account c