case ex part grove April the that Commission against a who owe b year rend b  prove the debt under the commission the assignee sell the good of a to the  petitioner who life in a s house b year after prove his debt distrain on those  good as be still upon the premise the vendee of the good be entitle to they  and the proceed of b upon his replevin restrain and confine to his remedy  under the commission notwithstanding a commission and the messenger be in  possession of the good the landlord may distrain for the rend even after a  assignment if the good be on the premise see ex part divine cook b law and  Lord Bathurst observation on this case a commission issue against a who be a  tenant of b s and owe he twelwe year rend b the landlord come in and prove his  debt under the commission and the assignee sell the whole good to grove the  petitioner who live in the tenant house the landlord three year after prove of  his debt distrain upon those good as be still upon the premise the question be  whether prove it as a debt under the commission and swear he have no security  be not a waiver of right to the good as a landlord Lord chancellor the issue a  commission against a tenant and the messenger possession of the good of the  tenant do not hinder the landlord from distrain for rend for this be not such  a custodian law as a execution be and there too the law allow the landlord a  year rend the assignment of the commissioner of the bankrupt estate and effect  be only change the property of the good and while upon the premise they be  still liable the fact that create the difficulty be the landlord come in under  the commission a man who have a debt may come in and prove his debt and  afterward he may bring a action at law and the court will atkins not absolute  stop he from bring a action but put he to his election and even then allow he  to assent or dissent to the certificate a landlord be consider in a high  degree than a common creditor and it will be hard to preclude he from distrain  where there be good on the premise and therefore he must be put to his  election to waive his proof or his distress but the difficulty lie here every  creditor be to swear whether he have a security or not if he have a security  and insist upon prove he must deliver up the security for the benefit of the  creditor at large be they mortgage or pledge but this seem to be a new case  because this be a legal lie which the landlord have and not upon the same foot  with common security and the only question be whether his prove it as a debt  and swear he have no security be not a waiver of the distress Lord chancellor  direct it to stand over till the next day of petition as think it a doubIful  case and on that day say he be far from be clear that the landlord be bar of  his distress for there have be instance where a common creditor even after he  have receive a dividend under a commission have be allow upon refund that  dividend to bring a action at law for his debt and as a landlord be a more  favourable case than a common creditor he order it to stand over again for  further consideration on the that of may this petition come on again and his  lordship then declare that the vendee of the good under the assignee be  entitle to the good and order that the proceed of William king the landlord  upon the replevin shall be restrain and confine he to his remedy under the  commission