clerk versus wither mich Ann salk Mod Cas a administrator recover judgement in  a action and sue out a become facias and deliver it to the sheriff the first  of August the sheriff seize the defendant good and afterward on the nine of  September the administrator die the sheriff return that he have seize good to  the value but they remain in his hand pro diminution buyer then after this the  say sheriff be remove and a new sheriff swear in and now the defendant bring a  to know facias against the old sheriff to have big good again and judgement be  against he in c b error be bring here and it object for the plaintiff in error  that the execution be abate and no body can perfect it holt c j this to know  facias be not maintainable the plaintiff death do not abate the execution  which may be perfect by the administrator de good non within the equity of the  statute car for the right now come to he and the sheriff may proceed in it  because he have nothing more to do with the plaintiff for the writ command he  to levy and bring the money into court which the plaintiff death do no way  binder and therefore be have Dotbing to do fartber with the plaintiff but to  execute the writ he may do it Dotwithstanding his death beside a execution be  a entire thing and can be supersede after it be begin when good be once seize  no writ of error or supersedeas shall stay the sale and the same person that  begin a execution shall end it so that the old sheriff have not only authority  but be bind and compellable to proceed in this execution and if be do not the  writ distringa recently viscount lie of which writ there be two sort one be to  distrain the old sheriff to sell and bring the money into court the other to  sell and deliver the money to the new sheriff to bring it in which plain show  his authority continue by virtue of the first writ here the sheriff baVing  seize he be holt KB oblige to return his writ and when he have make a return  of seizure of the good and that they remain in his band for want of buyer that  be not a discharge of the command of the writ but only a excuse that he have  not the DIODey and though a sale set forth do lie to sell yet a distringa be  the proper remedy the sheriff be to make sale of the good in convenient time  and in this case he have make himself liable at all event act of God except to  answer the value accord to his return and if holt KB er p the good be worth  the money that they be appraise at and that he return they of it be not to be  suppose he can want buyer and he be not charge to the value they shall happen  to be sell for but to that value which he have return if he make a false  return a action lie against he on the sheriff seize the good by virtue of the  writ the defendant be actual discharge and the property divest out of he  though they be not sell for the plaintiff must depend upon his execution and  he have no further remedy against the defendant but altogether against the  sheriff and as the defendant have lose his good upon a execution which the  plaintiff himself have choose therefore the good be in custody of law and the  defendant be discharge thereupon the judgement be affirm see execution ship