Page:Prerogatives of the Crown.djvu/326

 S06 Extents. [Ch.XII. Pt, I. Sec. VI. be seized. So if one of the obligees in a bond be outlawed, the duty being intire is vested in the Crown, and the King cannot have a partner with him (a). But in favor of commerce, under an extent against one of several partners, only the in- terest and share of that one can be taken {h). Under the extent against the Crown debtor, the debts due to him are merely found by the inquisition, which amounts to a seizure in law. The sheriff cannot compel payment ; that is effected by a scire facias or immediate extent, which are issued in the same manner and subject to the same rules, as are ap- plicable in the case of an extent against the immediate Crown debtor. When the debts due to the Crown debtor are seized, that is, are found under the inquisition taken on the extent against the Crown debtor, they become debts to the Crown ; and, if due (c), the same process may issue against the person owing them, as against the original debtor to the Crown, and the debtor to the King's debtor stands in the same situation. The ordinary mode of proceeding also for debts due to the King's debtor, is by " scire facias {d);*^ and where the debts are small, the Court may order a receiver to collect them, and pay them to the Deputy Remembrancer (e). But if, on an extent against the King's debtor, the inquisition find that B. is in- debted to him, on return of the inquisition and a^davit madcy that the money in J5.'s hands is in danger, an immediate extent shall issue against B. (y ); even though there be reason to suppose that the King's debtor became so with intent to strip the rest of BJs creditors. So if it be found by inquisition against a Receiver-General, that he has paid money over to ^., an immediate extent may issue against A., for this is the King's money [g]. It is held, that upon affidavit of debt' and a Baron's fiat, an immediate extent may issue against the debtors to the Crown debtor, before the extent under which they are found to be debtors to the Crown debtor, is returnable (Ji) ; though it must (a) Ibid. Bro. Joint Ten. 34, 39. C^) Bunb. ?93. Oblig. 50; Forfeiture, 16. Plowd. /7) Ibid. 24. 3 Price, Q99. 243, 239, 323. (g) Bunb. 128. {b) Wightw. 50. ante, ch. 11. s. 3. {h) Rex v. Pearson, 3 Price, 29^. (c) Ante, 305. West, 242. {d) As to which see ante, sect. 2. 7 bt