bligh and another executor against cope mich geo defendant plead to plaintiff  action his discharge as a fugitive under the insolvent debtor Act that George  plaintiff not content with judgement and execution as to future effect to have  execution against defendant person reply barn and take issue that defendant be  not a fugitive beyond the sea within the statute and on trial a verdict be  find for defendant whereupon prime for defendant move for Triple cost pursuant  to say statute which statute do not in word extend to executor the discharge  be obtain in subsequent to testator death and plaintiff the executor be summon  and have a opportunity of controvert the fact at the session the sergeant  insist that though this action can not have be support by plaintiff in their  own right without sue in the capacity of executor yet as they have make  themselves principal by put in issue a fact which happen since the testator  death they have make themselves liable and ought to pay the Triple cost a rule  be make to show cause which be afterward discharge on bear will and agar for  the plaintiff the court hold that the rule as to fugitive and insolvent debtor  must be the same that if the executor be liable to any they be liable to  Triple cost but the uniform construction of law have constant be that where a  executor can bring the action in his own right and yet bring it quatenus  executor there if he fail he shall pay cost but if he can not bring the action  otherwise than quatenus executor though he fail he shall pay no cost executor  have be excuse from cost because they be oblige barn er p to get in the  testator effect and can be suppose to be quite cognisant of his right they act  in autre law the cause of action arise in testator lifetime this Act be not  distinguishable from construction of former statute a executor be not consider  as a plaintiff but as a representative there have be a like determination in  the court of king bench where the defendant apply for double cost on the mint  Act Hithcox executor against gale mich George