case boucher against wiseman the office of sheriff continue until he have  regular notice of his discharge dyer in marge more in the appointment of  undersheriff a exception that he shall not meddle with writ sheep such a value  be re ugnant and void ante Brownl hob Mod see g c S a become facias bind the  good of the defendant from the date of it and overreach a good fide sale on  that day   a Ant strange Bl Rep ld ray action upon the case against the  defendant late sheriff of Essex whereas the plaintiff have recover against  Pender l and have a become facias that the defendant by virtue thereof levy  and have not return the writ nor pay the money to the plaintiff the defendant  plead not guilty and now upon evidence to the jury it be prove that the writ  be deliver to Cowell the defendant undersheriff Nov Elizabeth and the same day  he make execution and he prove that the same day a writ of discharge be  deliver he date Nov Elizabeth but because he do not prove that he have notice  of this writ of discharge before the execution serve the court hold clear that  he be yet sheriff and Chargeable to the plaintiff action the defendant also  show the indenture whereby he make Cowell his undersheriff wherein be a  exception that he shall not meddle with the execution of any writ above so as  to that he be not his undersheriff but he do it de son croak Elizabeth er p  tort demesne and the defendant S not Chargeable therewith but all the court  leld it to be a void exception for when he make he his undersheriff therein be  include that he shall execute all writ and therefore the exception be  repugnant and void three it be allege that this be not a due execution for  Pender have make a deed of be good before c and show the deed date the same  day of the writ of execution et per tolan curian although the gift be bind  fide yet execution may he take of those good for by the sue forth the  execution all the defendant good be liable so as no gift of the say g odds the  day of the date of the writ or afterward can stop the execution a wherefore  they resolve the jury accord without inquire of the fraud and they find for  the plaintiff vide Henry pl ass pl Elizabeth dyer