412 WILLIAMSON r. WILSON—1 BLAND.

And the sheriff alone is held answerable to the amount which has

so come to his hands to the plaintiff, at whose suit the levy was

made. Wilbraliam v. Snoir, 2 Saund. 47, note.

The express terms of the order of appointment in this, as in all

* like cases, placed the receiver in a similar situation. He

436 is regarded as a trustee in respect to the possession, care,
and distribution of the property committed to his charge; and as
such it is his duty to prevent the property, so handed over to his
keeping, from being blended with his own, and to keep such clear
and separate accounts of his tiansactions as receiver as will enable
him at all times and immediately when called on to shew the
amount of money and property in his hands; and so distinctly to
designate it, as that it may be traced and followed into the hands
of any one who may have wrongfully obtained possession of it.
Freeman v. Fairlie, 3 Merit: 41. A receiver is always required
to give bond to account and submit to orders; and if he fails to
account, or is, in any respect, delinquent as an officer of the
Court, Anonymous Mosely, 42. he maybe proceeded against in a
summary way by attachment: or his bond may be put in suit by
scire facias in this Court, or an action at law so as to charge him
and his sureties. 2 Fair. Exch. Prnc. .'523; Ex jxtrte Grhnxtone,
Amb. 707; Daries v. Cracraft, 14 Ves. 143; Musgrave v. Meder, 1
Merit: 49: 2 Harr. Pra. Chan. 120; Grant v. Stone, 1 Vern. 313.

But here the receiver died before be had fulfilled his trust, and the
question is, how far any of his rights, duties, and liabilities as
such have devolved upon his personal representatives.

Where a sheriff has in his custody persons in execution and
dies, the new sheriff must take notice at his peril of all executions
against any person he finds in gaol; and that from necessity; be-
cause there is no one to make delivery or give notice to the new
sheriff of the persons in custody when the former sheriff died.
Aud if a prisoner should in the mean time, go out of the
walls of the prison, it will not be deemed an escape as against
either the late sheriff or his successor; because the prisoner will
be considered as in the custody of the law, and may be retaken
any where and at any time after. Westby's Case, 3 Co. 72.

A sheriff, having no property in prisoners detained by him in
execution, leaves on his death no right, duty or responsibility, as
regards them, to devolve upon his personal representative. But,
in personal property taken in execution by him, he has in all cases
a qualified interest, so far as to hold possession, to sell and make
the money, wherewith to satisfy the plaintiff. And, for such pur-
pose, he may hold and sell it even after his official term has
expired and he has ceased to be sheriff. Wilbraham v. Snow, 2
Saund. 47, notes. From these principles it would seem necessarily to

follow, where * the sheriff dies at any time after he has levied

437 the execution, and before he has brought the money into Court