clerk versus wither mich Ann B R ld raym S c see S C ld raym with note Mod Rep  a Q S C holt administrator recover judgement and sue out a become facias and  deliver it to the sheriff the first of August the sheriff seize the defendant  good and afterward videlicet the that of September the administrator die the  sheriff return that he have seize good to the value send quod remanent in  shades of dead pro diminution buyer and afterward videlicet the that of  September the say sheriff be remove and a new sheriff swear in and now the  defendant sue a to know facias against the old sheriff to have his good again  and judgement be against he in c b error be bring here and object for the  plaintiff in error that the execution be abate and no body can perfect it not  the executor of the administrator because he come in in auter law and the  administrator de good non can not for he be paramount and that this be not  within the car c for that only regard the case after verdict but per cur this  to know facias be not maintainable and these point be resolve saint that the  plaintiff death do not abate the execution and that the sheriff  notwithstanding that may proceed in it because the sheriff 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 hinder Salkeld beside a  execution be a entire thing and can be supersede after it be begin dly that  the old sheriff have not only authority but be bind and compellable to proceed  in this execution for the same person that hegins a execution shall end it and  a distringa recently viscount lie of these there be two sort one be to  distrain the old sheriff to sell and bring in the money the other to sell and  deliver the money to the new sheriff to bring into court which plain show his  authority continue by virtue of the first writ vide raze these short catalog h  dly that when the sheriff have seize he be compellable to return his writ and  make himself liable at all event act of God except to answer the value of the  good accord to his return cro cro and by the seizure the property be divest  out of the defendant and in abeyance thly they hold that the defendant be  discharge because the plaintiff have make his election and the defendant good  be take no far remedy can he have against the defendant but against the  sheriff only he may be compel to return his writ if it be a false return a  action lie if he return a seizure and sale he have the money if he have seize  and not sell that do not discharge but excuse the sheriff and therefore the  plaintiff may have a sale set forth to the sheriff if he continue in office if  out of office a distringa recently viscount and then he must sell thly that  since by the car c a administrator de good non may commence a execution on a  judgement obtain by a executor or administrator it be but reasonable and  within the equity of that Act that a administrator de good non shall be permit  to perfect a execution thus begin for the right now come to he judgement  affirm Salkeld er p Salkeld exposition OF word