Page:Prerogatives of the Crown.djvu/342

 S2^ - Extents irr-aid. [Ch.XI I. R. IL Sec. IV. states— 1st, The debt due to the Crowii from the Crown debtor, who is the prosecutor of the extent in aid. 2d]y, It states the debt due to the Crown debtor from his debtor, who is the defendant under the extent in aid. Srdty, That such debt is in danger of being lost from the insolvency of the de- jfendant. 4thly, That the debt due to him is a debt originally and hanajlde due to him without trust. 5thly, That it has not been put in suit in any other Court. And, 6thly, That the Crown debtor is thereby less able to pay the debt due to the Crown. If the debt be by bond, it sets out the penal part of the bond ; and, as has been before mentioned, usually proceeds to state, that the obligor has received money, for which the party is accountable by the condition of the bond (a). 1. The necessity of the allegation of the debt due to the Crown, from the prosecutor of the extent, which- allegation is not required in the affidavit for an extent, in the second or other degree, for the benefit of the Crown, is apparent, from this con- sideration, that on the latter extent there has been already an affidavit of the debt due to the Crown, in order to obtain the first extent; but on the extent in aid, for the benefit of the Crown debtor, there is no affidavit or proof of the debt to the Crown, till the affidavit is made for the extent in aid. 2 & S. With respect to the allegation of the debt from the defendant to the Crown debtor, and the danger of its being lost, the observations which have been before made on those points, as to the extent in chief, will apply to this affidavit for an extent in aid (6). 4 & 5. The allegations that the debt due to the Crown debtor is a just debt, originally and bond Jide due and without trust, and that it has not been put in suit in any other Court, are rendered necessary by the rules of the 15 Car. I. by one of which it is ordered, " that no debts be assigned to the King, nor found by inquisition for the King's debtors or accomptants in aid, save such as are originally due to them bona Jide, with- out any manner of trust, and according to the directions and instructions hereafter following, viz. he who desireth any debt or debts to be found by the inquisition in his aid, shall take this oath : the said B, maketh oath the day and year above written, that he is justly indebted unto A, one of the farmers of (a) West, 275, 6. 2 Manning, b'lo, (b) Ante, 277. his