case shaw against CUTTERIS Trinity term Elizabeth roll a party take after that  e year upon a capias utlagatum after judgement be in execution at the  plaintiff election who may have debt against the sheriff if he escape but if  he die in prison he can have a newexecution on the judgement but he may bring  a action on it against the administrator of the decease and recover ante post  I side roll Abr roll ab f n b hob   cro car cro James Swinb Bac ab salk stram  debt against a administrator upon a judgement against the intestate in the  common plea the defendant plead that after the judgement the plaintiff sue  there against the intestate a capias ad satisfacienium and thereupon a exigent  so as the intestate be outlaw and that afterward he sue a capias ullagalum and  thereby he be take and die in prison by hoe c and hereupon the plaintiff  demurrer first it be move whereas the intestate be take by a capias utlagatum  whether it shall he say to he a execution for the plaintiff without the  plaintiff prayer to have it so and Pophara and Fenner hold that it be not for  it be a writ for the king and the writ be ad To take back quod curian to look  at closely so although the plaintiff sue out yet it be not any election in he  to have the party in execution until he pray it and the court award it but  before his prayer he be in execution at the plaintiff election so that if the  sheriff suffer he to go at large before the plaintiff have determine his  election it be a escape against the plaintiff if he will and he may have debt  thereupon gawdy doubt thereof for he conceive that in regard the plaintiff  have pursue his can pias I u a writ for the queen yet be at his suit the law  shall execution for he without other prayer second it be nil be a execution  for the plaintiff without other prayer whether the party in execution die  before satisfaction make he may now have a new execution of this judgement and  all the court hold that he can not a for although it be say that he have his  body in execution but as a pledge for his debt and the party die the debt be  never a whit the more satisfy and if two he take in execution and one of they  die the other shall remain in execution for the debt be not satisfy by his  death as croak Elizabeth Henry pl be and it be so cite to he adjudge Elizabeth  in c b Jons v wilcocks yet they hold that in regard the plaintiff have elect  this execution which be the high execution and tl e defendant die therein the  law will adjudge it as a satisfaction when there be but one who be take but  where two be condemned the take of one in execution and his death be no  discharge for the other vide nat Bre Edward execution three it be move by  Doderidge for the defendant which he only insist upon that forasmuch as the  intestate be plead to he outlaw at the time of his death which be yet in force  as it be aver and as by the demurrer it be confess the administrator be not  Chargeable for he can have any good to satisfy any debt but all the court  resolve that it be not any answer for he may well he administrator to a person  outlaw who may have good which be not forfeit as debt upon contract or good  take for trespass before outlawry he may have trespass and recover the value  of the good which shall he asset in his hand wherefore they resolve that the  plaintiff shall have judgement unless other matter be show c a see James c  croak Elizabeth er p