case Audley against Halsey Hilary term car roll good take upon a extent three  day before a commission of bankrupt issue can be sell by the commissioner  although they be not deliver to the creditor by the sheriff upon a liberate  until three day after the issue the commission post S C Jones Henry pl roll ab  more cro Elizabeth   a I Leon show bunb stram bull n p Bl Rep burr Com dig  salk Com dig espin dig dougl term Rep and see cook bank law d edit p trover of  good on the that Nov car upon not guilty a special verdict be find that one  John hill and Alice squire be possess of those good and use the trade of  merchandise and be so possess be bind to the defendant James in a statute  acknowledge accord to the Henry c for a true and just debt and that be forfeit  be sue a extent upon that statute that October car direct to the sheriff of  London and that they by virtue of that extent on saint October car extend  those good the writ be returnable in tomorrow air and return the writ and  inquisition into the chancery that on the d November car the say John hill and  Alice squire become bankrupt be indebt to the plaintiff and to diverse other  for true and just debt that upon the that November car the defendant sue a  liberate upon that extent and those good the same day be deliver by the  sheriff accord to the appraisement in the extent that afterward videlicet upon  the that November the plaintiff and other sue out the commission of bankrupt  against the say hill and squire and the commissioner by virtue of their  commission sell those good to the plaintiff upon the d of November car and  that the defendant afterward videlicet the that November the same year convert  they c et si super totan c and it be argue several day at the bar the sole  question be whether John hill and Alice squire become bankrupt after the  extent and before the liberate the sale of the commissioner to the plaintiff  after the good deliver upon the liberate be good croak car Noy and Farrer for  the plaintiff argue that this sale be good for notwithstanding this extent the  property of the good remain in the conusors and by the extent be only seize  into the king band but that shall not divest any property from the conusors  for they be but as it be in protection of the king and then when the conusors  become bankrupt before the liberate those good be in the power of the  commissioner to sell and distribute among the creditor and they rely especial  upon the case in dyer where good be extend yet be subject to be seize for the  king debt and they also rely upon the Elizabeth c and chief upon the James c  whereby it be prove that the commissioner may sell good or land  notwithstanding judgement statute execution or extent not serve croak car er p  or execute and that they say be not do until the liberate otherwise there will  be a mischief for then there may be a extent and no liberate be sue after upon  it as the book of Henry brook statute but all the court resolve and several  deliver their opinion that those good extend before they become bankrupt and  deliver by the liberate after they become bankrupt can not be sell by the  commissioner because they be extend be quasi in custodian law so as the  conusors have not any power to give sell or dispose of they and although by  the extent the conusee have no absolute interest nor property in they until  the delivery by the liberate and at the return of the writ may refuse they for  be overvalue yet that be for advantage of the conusee for the extent be capias  in manus our men ut to go to set free facias and they be as good gage or  distrain which can be forfeit by outlawry or take in execution from the party  who have they in gage or by way of distress without payment of the money vide  Henry foe Edward foe Henry brook pledge Richard brook pledge for the good be  bind by the testae of the writ of extent or execution sue as Henry foe Henry  foe   the good be bind by the execution sue but the land be bind by the  judgement and by the extent they be to be take by the conusee and it be good  against the conusor and the case here be strong for that the extent be return  before they become bankrupt and the delivery by the liberate be before the  commission of bankrupt be sue out and it be not like unto the case of Edward  dyer for there although the good be extend yet they be not deliver to the  conusee and the writ be not return and the writ of privilege be for debt due  to the king wherein the king have his prerogative by the commonlaw and yet it  be say there that other be of a contrary opinion also when the writ of  liberate be sue it have relation to the writ of extent and they be quasi but  one extent and the good be so bind by the extent and appraisement that the  conusor have not any more property in they but secundum quid and not  simpliciter that be if the conusee refuse to accept they for it be a  conditional writ to deliver they to the conusee if he will accept they and  when he accept they they be bind ab beginning and Jones cite a case in croak  car the common plea Brumpsted v Bathurst where a undersheriff take a  obligation for his fee for a extent serve before the liberate and it be hold  not Allowable but he ought to have stay until the liberate and whereas it be  object that the writ be not serve nor execute until delivery of the good upon  the liberate and therefore the commissioner have power of they they all  conceive that the statute be with a exception where execution or extent be  serve or execute that this be to be account the execute of a extent when the  good be appraise and the writ return but so long as they remain in the hand of  the conusors they may be sell but when they be deliver by the liberate the  commissioner have no power to meddle with they and it be say that the James c  provide that good attach by foreign attachment in London shall be sell by  commissioner which prove that after the Elizabeth c until the James c the  commissioner have no power to meddle with good take upon a foreign attachment  yet they be but as a pledge to draw the party to answer and if he appear the  foreign attachment be discharge wherefore this extent be return serve the good  be not subject to other execution nor to the power of the commissioner and it  be therefore adjudge for the defendant