baily against bunning ante pl execution the plaintiff be creditor by judgement  in debt bring trover against the baily upon the statute of James cap though  the writ of execution Cr dyer have be make out the day of the testae it have  not bind the good be only in posse not in be but here the writ be take out but  on June though it be test before and the bankruptcie be by statute and mesne  the writ by fiction Keble er p of law shall relate for the statute be intend  of such execution as be fine produce legisi as Audli against halse Cr the  execution must be such at least as divest the property and possession of the  party the special verdict conclude that if the good be well take then for the  defendant if not for the plaintiff do not hinder as more pl lane against  Cooper but the court may judge accord to law there appear good or no cause of  action as here it do Cr trover lie on refusal to deliver on demand Cr Allen  against chapman Cr f n b though the good be deliver by the plaintiff or the  defendant come to the good as here by process of law also none can share in  the dividend of good but they which join in the commission which the plaintiff  do not and if the baily be not Chargeable he may keep they for ever for the  defendant can have remedy they be take by process of law Jones for the  defendant the baily be excuse of take the good the time of the seal or take  out the writ can possible be take notice of but the execution bind from the  time of the testae as   in fleetwoods case Cr but have the execution be testae  when it be take out June the sheriff must execute it and take the case as it  stand on the execution and not to return that he be become a bankrupt before  for then no sheriff can execute any writ against a tradesman also the property  of the good be not here in question nor do the statute look on officer Keble  Keeling agree it be hard to put a baily to discover any act that make one  liable to be after declare a bankrupt also such a return have be nought and  there can be no trover and conversion against the baily on due execution of  his writ   a be the process of the king and for his benefit Windham hold the  statute never mean to bind good from the date of become facias which may be  keep in a attorney pocket but from actual execution but such good shall be  liable to a equal disposition among the creditor but no act of justice can be  overthrow by retrospect and therefore the baily be not liable to trover  Twisden have this judgement be for security of a debt it may possible be  execute but not by confession for general the testae of the writ do not bind  the good and therefore the good be not well take and wile the king sergeant  say the constant course in London in trespass against sergeant and bailies be  only to inquire whether the party be a bankrupt at the time of the take or not  which Windham agree et adjornatur