Page:Prerogatives of the Crown.djvu/299

 Ch. XII. Pt. I. Sec. IV.] Ea^tents. 279! suspicious circumstances, and that the debt was in danger of being lost," was held insufficient {a) : but it is sufficient to state, that " the defendant is likely to become insolvent, having told deponent he could not pay the debt, nor give security, and was selling off his effects in order to withdraw himself (6)/* As the Court will not permit the defendant to deny the in- solvency by a counter affidavit, and he cannot traverse, or demur to, the statement of insolvency in the affidavit, it being no part of the record, it is very properly allowed him to apply to the Court to set it aside, if it be defective {c). The affidavit may be sworn either before a Baron of the Exchequer in town, or a commissioner of the court in the country [d). The authority for issuing the extent is the fiat of the Chan- cellor of the Exchequer, or of one of the Barons of the Exche- quer. This fiat may be obtained at any time, either in vacation or in term, by application to the Chancellor of the Exchequer, or one of the Barons. Nor is any motion in court necessary for it now in term time. The commission and inquisition thereupon (if the debt be by simple contract) and the affidavit, are taken to the Chancellor of the Exchequer, or the Baron, after the execution of the commission, and he signs his name on the back of the commission (which, as before observed, is the warrant for the issuing of the commission), and at the same time signs the fiat for an extent at the foot of the affidavit ; which fiat runs thus : " 1st of January, 1816 (or whatever the day may be). Upon reading this affidavit and also a commis- sion and inquisition taken thereupon, whereby the above-named C. D. is found indebted to his Majesty in the sum of £ —, let a writ or writs of immediate extent issue against the said C D, for the recovery thereof, with the usual proviso {e), " O. WOOD." If the debt to the Crown be by bond, the bond itself is usually brought to the Baron, and then the fiat is, " Upon. reading this affidavit and the bond of the said C Z>. let a writ or writs, &c." (a) Bunb. 300. ('/) IWd. 54. {b) Ibid. 134. " {e) West, 49. (c) Weit, IbO. - . » If