case beacon against peck if a elegit be execute for part of the judgement on  the good of the defendant and a nothing return as to his land the plaintiff  may have a can sa for the remainder of the debt for a elegit on a nothing  return be nothing more than a become facias S c stram a elegit be sue out and  return nothing as to land and a execution of good to the value of part of the  judgement the plaintiff take out a capias ad to give satisfaction for the  remainder of the debt on which the defendant be in custody Brainthwaite  sergeant show cause why the capias ad to give satisfaction shall not be  supersede and the defendant discharge out of custody and contend that a elegit  where no land be return be no more than a become facias and cite the case of  foster v Jackson in Hobart a hob a workhouse contra the word in Hobart be only  obiter and but the opinion of the reporter not the point adjudge though a  elegit be not return yet the party have make his election can have no  execution after b dyer yearbook Henry pl Inst b a elegit be a writ of a much  superior nature to a become facias grant by statute and if a person elect it  it be a remedy he must abide by a elegit to hold until what time may be a  expire lease and not satisfy the debt yet no other execution lie after it Eyre  justice if nothing come of the process on return the party may have another  execution and this be no more than a become facias in foster v Jackson it be  hold that the party may have another execution after a capias ad to give  satisfaction where the defendant die in prison for that he have no fruit of  his first execution on execution the case that you shall not take out another  be when the first be effectual it seem to be regular fortescue justice the  question seem to be only whether one may take execution by capias ad to give  satisfaction after become facias a elegit be only a become facias with the  addition of land the take out of the writ be only in order to a election and  until the return he have none if nothing be return the election be go modern  report after in the same term the whole court be for the same reason of a  opinion that it be regular a see the same point determine accord in Michaelmas  term Geo in the case of Lancaster v fielder ld ray a modern report er p