
    * James Amblard versus John Heard, Jun., Assignee of Edward Haynes, a Bankrupt.
    Where judgment was rendered for costs against tire assignee of a bankrupt, and to a scire Jadas, praying for execution of such judgment, the assignee pleaded that he had no effects, &c., the plea was held a good bar.
    This was a writ of scire facias, brought to recover the costs of an action heretofore prosecuted by Mr. Heard, in his said capacity, against the now plaintiff. The former action was referred, together with all demands between the parties, by a rule of the court, to certain referees, who awarded to Amblard a small sum as debt or damage, and the costs of reference and of court. The report was accepted, and judgment entered against Heard, in his capacity of assignee, for the sum reported by the referees, with costs of court. The plaintiff in the present suit prays for execution against the defendant for the said costs only.
    The defendant pleads, in bar of execution, that before the issuing of the scire facias, he had divided and distributed all the effects of the bankrupt, which had come to his hands, among the creditors who had proved their debts under the commission of bankruptcy, in proportion, &.C., and that he hath not any effects of the bankrupt in his hands, wherewith he could have satisfied the plaintiff for his said costs.
    To this plea the plaintiff demurs generally, and the defendant joins in demurrer.
    
      Thurston for the plaintiff.
    
      Heard pro se.
    
   By the Court.

The plaintiff cannot have execution against Mr. Heard personally. He should have attended to the entering up his judgment in the original suit. That judgment was against the effects of the bankrupt in the hands of his assignee. It might have been entered for the costs against the assignee himself. We do not inquire whether the plaintiff is equitably entitled to these costs against the defendant. He has brought his scire facias to have execution of a judgment, which was rendered against the effects of the bankrupt. To this writ the defendant has pleaded that he has no effects. He is not estopped to plead this; and therefore let judgment be entered that the defendant’s plea in bar is good  