Page:Prerogatives of the Crown.djvu/328

 dm Easterns. [Cb.XII. Pt.I. Sec. VII. books, and under which only the rents and growing profits of the lands were levied, and the prolix and inconvenient remedies given by the statute of Eliz. (a). The 25 Geo. 3. enacts, that it shall and may be lawful to and for his Majesty's Court of Exchequer, and the same Court is thereby authorized, on the application of his Majesty's attorney-general, in a summary way, by motion to the same Court, to order that the right, title, estate and interest of any debtor to his Majesty, his heirs and successors ; and the right, title, estate and interest of the heirs and assigns of such debtor, in any lands, tenements or hereditaments which have been or shall hereafter be extended under and by virtue of any such writ of extent or diem clausii extremum as aforesaid, or so much thereof as shall be sufficient to satisfy the debt for which the same shall have been so ex- tended, shall be sold in such manner as the said Court shall direct; and that when a purchaser or purchasers shall be found, the conveyance of the lands, tenements or heredita- ments so decreed to be sold, shall be made to the purchaser or purchasers, by his Majesty's Remembrancer, in the said Court of Exchequer, or his deputy, under the direction of the said Court, by a deed of bargain and sale, to be inrolled in the same Court ; and that from and after the making of such con- veyance, and the inrolment thereof as aforesaid, the bargainee or bargainees in such conveyance, and his or their heirs, ex- ecutors, administrators and assigns, shall have, hold and enjoy the lands, tenements and hereditaments therein comprised, for his and their own respective use and benefit, not only against the extent of the Crown, but also against such debtor of the Crown, or the surety or sureties for such debtor, and all persons claiming under such debtor, or the surety or sureties, unless by a title paramount to, and available in law against such extent as aforesaid : and all monies which shall become payable from any such purchaser or^ purchasers as aforesaid, shall be paid, accounted for and applied towards discharge of the debt due to the Crown, and of all costs and expenses which shall be incurred by the Crown in enforcing the payment of such debt, in such manner as the said Court of Exchequer shall from time to time order and appoint; and if, after pay- ment of the whole debt to the Crown, and of all costs and {a) See 13 Eliz. c. 4. s. 2. 27 Eliz. c. 3. s. 2. 39 Eliz, c. 7. expenses