coke a GARNONS case hill Elizabeth rot judgement be give in c b for the  plaintiff in a action of debt the plaintiff sue forth a can sa and ex post can  and outlaw the defendant and on error the judgement be affirm within the year  a capias utlagalum be award and the defendant be take and the sheriff permit  he to escape and on action bring by the plaintiff against the sheriff it be  resolve if a defendant be take by can pias utlagatum he shall be in execution  for the plaintiff if he will if judgement be give in c b and remove by writ of  error and judgement affirm within the year and a capias or be made fa be award  the plaintiff may have execution without a to know facias although the  defendant in the principal case be take on capias utlagatum out of king b he  shall be in execution for the plaintiff present after the arrest if he will  and although the defendant body be not bring into court SC moor cro Elizabeth  roll Leon contra Cr James p Willins between Layton plaintiff and Garnon  sheriff of the county of c defendant the case be such Layton recover against  Wallwen in the common plea in a action of debt and sue forth a capias ad to  give satisfaction and ex post capias and outlaw the defendant the defendant  bring a writ of error and the judgement be affirm and thereupon within the  year a capias utlagatum be award and the defendant be take and the sheriff  suffer he to escape before the return of the writ and on this escape the  plaintiff bring this action and in this case three point be resolve if one at  the commonlaw have judgement in a action of debt and after the judgement  outlaw the defendant the plaintiff be at the end of his suit as to any process  to be sue by himself for he can not have a to know facias nor any other  process on the judgement but be put to his a   light a Bulst car Cr Elizabeth  a new original as it be agree in h a e e nonability Acc a Acc Com dig pleader  W a and although before the statute of e capias do not lie in debt b Vid note  l Harberts case   b b nor be the b brown Bulst e h   a b body of the defendant  before that statute subject to execution for debt as appear before in sir  William Harberts case yet if the defendant be take by capias utlagatum at the  king suit no laches be in the plaintiff in continue of his process he shall be  in c Yelv bridge roll Cr Elizabeth more hob c execution for the plaintiff if  he will for inasmuch as the king by the original suit of the party be entitle  to have all his good and chattel and the profit coke report b er p of his land  by the outlawry and his body also in prison it be reasonable that if the  defendant in such case be take at the king suit that as the king shall have  benefit by the suit of the party so the party shall have some benefit by the  suit of the king it be resolve that if judgement be give in the common plea  and remove by a writ of error and judgement affirm within the year and godb Cr  Elizabeth Inst cart e b d they award a capias or a be made fa the coke b  plaintiff be not put to a to know facias if the year have expire before the  writ of error be sue out and the judgement be affirm or the plaintiff in error  be nonsuit or the writ of error be discontinue the plaintiff may sue out  execution without a to know facias for the writ of error revive the judgement  Bellasis v Hanford cro James SC roll Rep Howard v Pitt I show SC salk Dennis v  drake lane roll ab execution n so if the plaintiff have judgement with a to be  remiss execution or stay of execution for a year he may after the year take  out his execution without a to know facias because the delay be by consent of  party and in favour of the defendant booth v booth Mod SC salk but if the  plaintiff do not take out execution within a year after the to be remiss  execution be determine he must sue out a to know facias Cromp it be usual to  insert a clause in annuity deed c that when execution be not take out within a  year it shall not be necessary to revive the judgement by to know facias and  it seem that the court will give effect to this clause by permit execution to  be take out accord Howdl et all v Stratton et all smith Rep so where execution  have be delay by the act of the defendant himself as by fill a bill for a  injunction execution may be take out without a to know facias although more  than a year after sign judgement Michael v cue burr powis v powis b more and  when a become facias or capias ad to give satisfaction be take out within the  year and not execute a new writ of execution may be sue out at any time  afterward without a to know facias provide the first writ be return and file  Blayer v Baldwin will SC Barnes and continuances enter from the time of issue  it sir William Waller case Leon Welden v Greg side SC keb SC Carth Adam v  savage salk air v Hardress I strange Vincent case Comberb which continuances  may be enter after the issue of the second writ unless a rule be make upon  motion for the proceed to remain in position quo it be former hold that a  elegit may be sue out after a year without any to know facias but in a recent  case the court of KB hold that there be no distinction between elegits and  other writ Rutland v Newnham Chit Rep Vid sergeant williams note Underhill v  Devereux sand c Tidds practice that edition c although it be in another court  against the opinion of h vide ass p f n b it be resolve that in the case at  bar when he be take by capias utlagatum which issue out of the king bench he  shall be in side Cr Elizabeth Yelv roll h bridge more hob postea a a execution  for the plaintiff present after his arrest if he will although his body be  never bring into court and although the court do not commit he in execution  for the party vide h notam bene in all case when the plaintiff may have a  capias ad to give satisfaction and the party defendant be take by capias more  bridge b pro fine Vid as to the capias pro fine and its abolition in action of  trespass c by stat W m c note z porter case   a and note Mortlake v Charlton  sand d there the defendant be in execution present if the plaintiff will  without any prayer of the party also in all case when the plaintiff may have a  execution present by become facias although he can have a capias nor do a  capias lie in such action as in assize with force and redisseizin c and the  party be take by capias pro fine and be commit at the king suit there the  plaintiff may pray that he may remain in execution for his damage but without  prayer he shall not be in execution although he may have execution by become  facias and when the plaintiff have judgement and bridge e pl c surcease his  time so that coke report a er p he can have present execution neither by  capias nor by become facias c but be put to a to know facias there if the  defendant be take by capias d more Cr Elizabeth Leon bridge hob d pro fine the  plaintiff may pray that he may remain in execution for he but that shall not  be salk Mod comb e without prayer of the party see for proof of these  difference h h a h f n b p e a r execution h b c observe good reader this case  well and all these book for these point touch execution which be the life of  the law be especial necessary to be know