Page:Prerogatives of the Crown.djvu/284

 264 Extents. [Ch.XII. the Crown. And since the statute of Hen. 8. the writ of extendi facias or extent, by which the sheriff is authorized in one writ to take person, goods, lands and debts, has been the constant execution at the suit of the Crown, against its own immediate debtor. The writ of extent, as a prerogative process, is of two de- scriptions : one, called an extent in chief, issues for the benefit of the Crown against the Crown debtor, or his debtor, on the principle that the King is entitled to the debts due to his debtor; the other is called an extent in aid, and is issued against the debtors of the Crown debtor, at the instance and for the benefit of the latter. Extents in chief are also of two descriptions : the one is called an immediate extent, that is, an extent which issues with- out the intervention of a scire facias^ on an affidavit that the Crown debt is in danger ; the other is an extent, which is the ultimate process of execution on a Crown judgment, obtained on a scire facias or other action, there being no affidavit that the Crown debt is in danger. The immediate extent is founded on the words in the 33 Hen. 8. which give the Court of Ex- chequer power to issue an extent, &c. " if (as is established by the affidavit of the debt being in danger) need shall require^ or otherwise as to the court shall be thought, by its discretion (a), expedient (which discretion is evinced and expressed by the fiat of the Court or a 'Baron) for the speedy recovery of the King's debts." Extents in chief are either issued against the immediate Crown debtor or against the debtor to such debtor. In the latter case the extent is called an extent in chief in the second degree. An extent is first sued out against the Crown's im- mediate debtor; on that extent an inquisition is held, under which debts due to the Crown debtor are found and seised into the Crown's hands. A second extent then issues on that find- ing against the debtor to the Crown debtor, under which second extent also an inquisition is taken, by which the debts (a) '* As to the statute 33 Hen. 8, I was never done before, and may be of think that does not leave it to our dis- mischievous consequence." Per Baron cretion to alter the course and nature Comyns, Stra» 760. of proceedings, or to do a thing that ' ' due