aylesbury against harvey in replevin avow and have a return or justify and  have no return Com dig pleader king term Rep replevin bring of a silvercup the  defendant justify by a condemnation before the justice of peace on the statute  of excise for not enter of strongwater and a warrant thereupon to levy S fine  set upon they whereupon the defendant take the cup and detain it until the S  be pay to redeem it the plaintiff reply that I S make he executor in and this  cup he have and yet have as executor the defendant demurrer and levinz now  Pemberton for the plaintiff take exception to the plea and say that the  defendant in this replevin ought to have avow and not to have justify the  caption but the court say he may do one or the other at his electioi and the  difference be only if he justify he can have a return as he shall if he avow  which need not be in this case because he have the barrel air hill h pl Trin e  pl second exception for that he plead the condemnation prout pater per record  whereas the justice be not in this case a court of record say non allocate for  by the statute the justice be make judge of the matter by the act they may  fine and imprison it enact that no certiorari shall issue to remove their  proceed and these be mark of a court of record and the certiorari here be  certiorari willing de think over in person vohis c that exception that the  warrant be not plead with a profert hic in cur but by the court the statute do  not require that the warrant be under band and seal but only in write and no  write be to be so plead except it be a deed send qucere also the sheriff  officer never plead their warrant with a hic in cur lengthen raze Entr b a a  and it be say the reason be becauseof thing execute or estate determine the  deed need not be show as that   in the end of Bellamy case wherefore judgement  be give for the defendant note the court do not regard the plea that he have  it as executor so long ago but say they will intend the property alter  notwithstanding the thus far to have for it will be very dangerous for officer  if such plead shall be allow