Page:Prerogatives of the Crown.djvu/327

 Ch.XII.Pt.I.Sec.VIL] Ea^tents. 307 be actually returned («) before the second extent can issue. As soon as this debt due from the debtor to the Crown debtor, is recorded by the return of the inquisition under which it is found, the proceedings for the recovery of such debt are sub- stantially the same as for the recovery of the debt to the Crown from its original debtor. SECT. VII. Venditioni exponas. — Order for Sale of Defcjidanfs Lands, 8fC, If in pursuance of the rule which will be mentioned in the ensuing chapter, and in which the mode of resisting extents will be considered, no one appear and defend, a venditioni exponas issues ; and under it all the defendant's goods, against which alone it is directed, may be sold, though their value far exceed the amount of the debt ; unless the writ be indorsed to sell the amount of the debt only, as it sometimes is {b). No motion need be made to the Court to authorize the issuing of the writ, but the defendant is entitled to notice of the intended sale(c). The sheriff is to sell for the best price he can, and at least for that price at which the goods were appraised, and to have the proceeds of the sale before the Barons to be paid to them to the use of the Crown {d). If the sheriff cannot sell the goods for the appraised price, he should return that fact ; and then a venditioni exponas issues for him to sell pro optimo pretio, without reference to the appraisement. The sheriff must make a return of the w^hole sum produced by the sale, when the Court will order it to be paid over, deducting pound- age ; and he must move the Court for any extra allowance to which he may be entitled {e). The sale of lands seized under an extent at the suit of the Crown, is, at the present day, regulated by the statute C5 Geo. 3. c. 35. which abolished the common law proceeding by a levari facias, concerning which much is to be found in the eld (a) Rex V. Pearson, 3 Price, '299, sec post, pt. 2. s. 5. West, 242. (f) Ibid. 2 Price's K. 155. {b) West, 219, 220. 2 Manning, Pr. (rf) See Brown, page 486. 553, 4. As to sale on extents in aid, (r) Price's R.205, West, 220. X '2, books.