Page:Prerogatives of the Crown.djvu/335

 Ch.XII.Pt.I.Sec.IX.] Extents. 315 to allow the sheriff poundage ; in such case poundage may be levied by the Crown as an item of such costs and charges {a). The statute 3 Geo. 1. does not however relate to the sale of land under an order of the Court, in pursuance of the 25 Geo. 3. and consequently the sheriff, not being entitled to poundage, the Crown cannot claim poundage as an item of its costs and charges, as against the defendant (6). The poundage is claimable, though after the levy and before the venditioni exponas^ the debt be paid to the prosecutor of the extent, or to the sherifi' for him (c). But it seems from the wording of the statute, section 3, that though the whole debt be paid to the extent holder, the sheriff is entitled to poundage only on the amount levied. With respect to the apportionment of poundage between different sheriffs, the 9th section of the statute (after re- citing " that it frequently happens that the process issuing out of the Court of Exchequer, for levying debts and duties due to the Crown, may be in part executed by a sheriff before he be superseded, and afterwards in part by the subsequent sheriff; and that no provision had been made for settling and adjusting the distribution of the fees and poundage, claimed and dem.anded by them in such cases ;) enacts, that when and so often as any sheriff shall, by process out of the Court of Exche- quer, seize or extend any goods, chatties or personal estate, into the hands of his Majesty, his heirs or successors, for any debts or duties due to the Crown, and shall die or be superseded before a writ of venditioni exponas be awarded to him for sale of the same, or before such sheriff hath made actual sale thereof; and a writ shall afterwards be awarded to a subsequent sheriff, who by virtue thereof shall make sale or disposition of such goods, chattels and personal estate, so seized and extended by such preceding sheriff as aforesaid, in such case the Barons of the Court of Exchequer, if then sitting, and if not sitting the said Barons, or any one of them, being of the degree of the coif, shall order, settle and apportion the fees or poundage, due for such seizure and sale, between such preceding and subsequent sheriffs, in such manner and proportions as to him or them {a) 3 Price, 280. (r) Parker, 180. 3 Anstr. 718, notes. (A) West, 237. b T. R. 470. shall