the benefit of it (a); and by the rules of practice, it is provided that when one or more of several plaintiff's or defendants dies after judgment, proceedings thereon may be taken by the survivors or survivor, or against the survivors or survivor, without leave of the court (b). CHAP. VI. Execution by Person not a Party.]-Execution may Execution by issue on behalf of any person not a party to the suit by person not a leave of the registrar, upon proof of title to the benefit party. of the judgment, and upon substitution of the name of the new plaintiff, together with a statement of his derivative title, for that of the original plaintiff, and the registrar shall give notice of such substitution to the defendant by post, and execution shall not issue upon the judgment until the expiration of six clear days after the posting of the notice (c). Writ, when executed.]-The bailiff should execute the Writ, when writ within a reasonable time, and, if more than one executed. warrant has been issued against the same person, he must execute them in the order of time in which they were entered by the registrar, as shown by the endorsement on the warrant (d). As to liability of bailiff should he lose the opportunity of levying, see ante, p. 160. It may be executed at any hour of the day or night (e); but not on Sunday, Christmas-day or Good Friday, the Saturday next after Good Friday, or any day appointed by royal proclamation for a public fast, humiliation or thanksgiving, or on any day on which the offices of the court are closed by order of the Lord Chancellor (f). Priority.]-Where a writ has issued against the goods Priority. of a party from a superior court, and a warrant has issued against the goods of the same party from the county court, the right to the goods is to be determined by the priority of the time of the delivery of the writ to the sheriff to be executed, or of the application for the issue of the warrant from the county court; and the sheriff, on demand, is by writing signed by any clerk in the office of the undersheriff to inform the high bailiff of the precise time of the PART II. How and where executed. What may be seized. delivery of the writ, and the high bailiff is to show his warrant to the sheriff's officer; and such writing, or the endorsement on the warrant (g), will respectively justify the high bailiff or sheriff in acting thereon (h). How and where executed.]—The bailiff may not break open any outer door or window of the defendant's dwellinghouse to execute the writ (i); but he may enter through the door or any other opening which is open, although no goods of the defendant are within, if there is reasonable ground for suspecting that they are there (i). He may enter the house of a third person, if the defendant's goods are within (i), but not otherwise (k). Having once obtained peaceable possession, he may break open inner doors, closets, trunks, &c.; or if he be locked in, he may break open the outer door from the inside to get out or carry away goods; and if, having once entered, he is forcibly ejected, he may break open the door to reenter (1). If the house be that of a third person, to which the defendant has taken his goods to avoid the execution, the bailiff may, on demand and refusal, break open even the outer door (i). Outer doors of barns or outhouses, not connected with the dwelling-house, may be broken open (m). What may be seized.]-The bailiff executing the fi. fa. should enter on the defendant's premises with the writ, and having seized the goods deposit them in a fit place, or put in possession a fit person, appointed by the high bailiff (n). If he seizes part in the name of the whole it is a sufficient seizure of the whole (o). He may seize any goods or chattels of the defendant (excepting the wearing apparel of himself or his family, and the tools and implements of his trade to the value of 57., which are to that Money, bank- extent protected); also money or bank-notes, whether of the Bank of England or any other bank, cheques, bills of exchange, promissory notes; also bonds, specialties or securities for money (p). notes, &c. Bills and other securities. The high bailiff may hold any cheques bills of exchange CHAP. VI. or promissory notes, bonds, specialties or other securities for money, which have been seized in execution as securities for the amount to be levied; and the plaintiff may sue in the name of the defendant, or any person in whose name the defendant might have sued for the recovery of the sums secured thereby (7). "Money" means actual money of the defendant's, and not a mere debt to him; money, therefore, which a sheriff or bailiff has in his hands under a fi. fa., issued by the defendant in another action (r), or the surplus of a former execution against him, cannot be seized (s). It has been doubted whether money about the person of the defendant can be seized (t). The bailiff may seize chattel interests of the defendant Chattel intein land, as leases or terms for years (u), whether belong- rests in land. ing to the defendant in his own right, or that of his wife (x); he cannot, however, sell a mere equitable interest, as an equity of redemption, the legal estate being in the mortgagee (y). The bailiff cannot seize fixtures, as furnaces, ovens, Fixtures. doors, windows, hearths, chimney-pieces, &c., which go to the heir and not to the executor (z), even although the freehold belongs to the defendant (a). If the tenant unlawfully removes fixtures, they revert to the landlord and cannot be seized (b). The bailiff may seize and sell fixtures which the tenant may remove, as those fixed for the purposes of trade, as coppers, vats, &c. (c). Corn and other crops which are raised by the industry Crops. of man are emblements which go to the executor, and may be taken in execution; but things which yield no annual profit, or which are produced without the labour of man, are not emblements, but go to the heir, and cannot be seized (d). The sale of the produce of farms is regulated (q) 9 & 10 Vict. c. 95, s. 97, p. 431. (r) Wood v. Wood, 4 Q. B. 397. As to the attachment of debts, see post, p. 175. (8) Harrison v. Painter, 6 Q. B. 387. (t) Per Parke, B., Sunbolf v. Alford, 3 M. & W. 254. (u) Com. Dig. "Execution," C. 3. (x) Per Buller, Farr v. Newman, 4 T. R. 638. (y) Metcalf v. Scholey, 2 N. R. 461. (*) Com. Dig. "Execution;" Elwes v. Mare, 3 East, 38; S. C., 2 Smith's L. C. 153 (6th edit.); see notes. (a) Winn v. Ingleby, 5 B. & A. 625. (b) Farrant v. Thompson, 5 B. (c) Poole's case, 1 Salk. 368. PART II. 56 Geo. 3, c. 50. by the 56 Geo. 3, c. 50. The substance of its provisions The bailiff may not sell straw, straw of crops, chaff, colder, turnips, manure, compost, ashes, or seaweed (e), nor clover, rye, or other artificial grasses which are newly sown, and growing under a crop of standing corn (ƒ); nor can he sell hay, grasses (natural or artificial), tares, vetches, roots, or vegetables, where, by any covenant or written agreement made for the benefit of the owner or landlord, they ought not to be taken off from the land, or ought to be used thereon, if he has received a written notice thereof before sale (g). The tenant or occupier must give notice to the bailiff of such covenants or agreements, and of the name and residence of the owner or landlord, to whom and to whose agent the bailiff must give notice that he has taken possession, and must postpone the sale until the latest day he lawfully can appoint (h). The bailiff may, however, where no such covenant or written agreement is shown, sell such crops by written. agreement, in such manner as accords with the custom of the country; and in cases where a covenant or written agreement is shown, then, according to such covenant or agreement; and after sale the purchasers may use all necessary barns, &c., for the purpose of consuming such crops or produce as the bailiff allots to them, and which the tenant or occupier would have been entitled to use (i); should the landlord or owner be aggrieved by breach of such agreement, the bailiff, being indemnified by him, must permit the landlord or owner to use his name for the recovery of damages (k). The bailiff, before selling such crops, must make inquiry within the parish in which the lands are situate, as to the name and residence of the landlord or owner (1). The landlord may not, where such agreement for sale has been made, distrain on corn, hay, straw, or other produce, which at the time of such sale or agreement has been severed from the soil; nor on any turnips, whether drawn or growing, nor on horses, sheep, cattle or beasts, nor on waggons, carts, or implements of husbandry, which the purchaser employs for thrashing, carrying, or consuming such produce (m). The act does not extend to straw, turnips, or other articles which the tenant may remove consistently with some contract in writing (n). The bailiff is not liable for any breach or omission of the provisions of the act, unless it be wilful (o); and all persons acting under it are indemnified (p). The assignees of a bankrupt, &c., may not take produce, manure, &c., in any other way than the bankrupt, &c., would have been entitled to do (q). CHAP. VI. Whose Goods may be seized.]—The bailiff must at his Whose goods peril seize only the goods of the person named in the may be seized. writ; if he seize those of another, he is liable to an action, though the goods are in the possession of, and apparently the defendant's (r). The goods of a woman cohabiting with the defendant cannot be taken, though she passes for his wife (s). Terms of years vested in a husband in right of his wife, and all her goods, though bought with money settled to her separate use (t), may be seized in execution against the husband; but not terms or goods, the legal estate of which is in trustees, though the husband has by the settlement an equitable interest for life, and is in possession of them (u). tator. The goods of a testator or intestate cannot be seized Goods of tesfor the personal debt of the executor or administrator (x), unless by using them he has made the goods his own (y), in which case he cannot deny that they are his property. Under an execution against the goods of one of two Goods of partpartners, the bailiff must seize the goods of both, and sell ners. the moiety belonging to defendant (z). The vendee is tenant in common with the other partner (a), and his |