286 Ea^lents. [Ch. XII. Pt. I. Sec. V. bailee (a). It seems however that goods pawned before the teste of the extent, may be taken as against the pawnee, on satisfaction of the pledge {h or taken and sold, subject to the pawnee's right (c). As however the Crown is not bound, by the bankrupt sta- tutes not being named in them, and relations which are but fictions of law, cannot bind the King [d the extent operates on the defendant's goods, though a commission of bankrupt has issued against him, if the assignment of his effects be not executed before the fiat or teste of the writ ; but the Crown cannot take the effects if actually assigned before the fiat or teste, and a provisional assignment is sufficient for this pur- pose [e). If the assignment of the bankrupt's effects and the teste of the extent be on the same day, the King's prerogative shall prevail {f). But an extent issued out of term cannot be ante-dated, so as to over-reach the assignment {g). It has been asserted (/^), that if husband and wife are joint tenants of a term, demised to them during the coverture, and the husband become indebted to the Crown, the King may have execution of this term against the wife, after the hus- band's death, because the taking the lease was tlie husband's act, and he had power of the term at the time of his death, and the wife came to it without valuable consideration, and qiiodammodo continued in of the interest of her husband. Rolle however says he does not see how this doctrine can be law ' entant que V execution ne relate (/) ;' and it seems to be unfounded, if there be no fraud. On the death of the husband (a) Bro. Abr.tit. Bane, 121; Plowd. (g) Stra. 749. It is said the Crown 4S7. Pledges, 28 ; Trespass, 92. 7 T. R. cannot prove under a commission, ibid. 112. So the Crown or its grantee takes 752. by forfeiture, subject to previous bona {h) In Sir G. Fleetwood's Case, 8 Jide charges, though voluntary. 2 Vez. Rep. 171 ; and the authority cited for 1 1 6. the position is 50 Ass. pi. 5. See 1 {b) Bro. Ab. tit. Pledges, pi. 2S, 31. Wightw. 37. (c) 8 East, 467. (/) 2 Rol. Ab. 157, Prerog. F. pi. 5. {(l) Hob. 339. And see 16 Vin. Ab. 521. If a party (e) Parker, 126. 7 Vin. Ab. 104. purchase or convey lands to himself and 1 Atk. 95. 4 Term R. 411. Stra. 749, hiswife(forherjointure),and tohlsheirs, 979. 1 East, 363. 5 Ves. Jun. 297. and then becomes indebted to the King, 1 4 Vez. 87. 1 Montag. Bkpt. Laws, and dies so, no execution having issued 663. 16 East, 279. during his life, the land cannot be (/) 2 Vez. 295. Stra. 749. Parker, charged during the life of his wife. Ibid. 126. Bunb. 33 156. Poit, 300. 6 the
