Page:Prerogatives of the Crown.djvu/345

 Ch.XII. PtlL Sec. v.] Extents in aid. 325 on the commission, ^hich, as before-mentioned, is the warrant fo> its issuing, and signs his fiat for the extent in aid at the foot of the affidavit, at the same time. If the Crown debtor be a debtor by bond, then of course no commission issues ; but the affidavit and extent pro forma, and the inquisition thereon merely, are laid before the jury, on which affidavit, as the only evidence, the jury find the facts already stated in the inquisition. For the extent in aid for the Crown, there is usually but one fiat, namely that for the ex- tent in aid, which is the second extent, it not being very usual to grant a fiat for the first extent, i. e. the extent pro formd^ thouffh that is sometimes done. o It has been the practice of late for the Barons to grant fiats for extents in aid of bond debtors to the Crown, on the affi- davit merely, without the production of the bond. The rule of Court 3 W. and M. by which " it was ordered that one of the Barons of the Court be attended with the bond, wherein the party is indebted to the King, before any extent do issue to find debts in aid, without specialty in the vacation time ; an4 that no extents do issue in the term time to find any debts in aid without specialty, but by motion in open Court," being one of those rules which has been considered as obsolete. But some of the Barons have lately signified that the bond should be produced («). No motion in Court is now necessary in term time, in order to procure an extent in aid for any debts, whether by simple contract or otherwise, though the 5th of the rules 15 Car. and the rule 3 W. and M. formerly required a motion in Court for an extent in aid, for a simple contract debt {b). SECT. V. Form of. — What may he taken, — Motions,— Pleading, — Costs, — Poundage, Sfc, The form of an extent in aid is the same as that against the Crown debtor, with the exception of the recital of the debt. Under an extent in aid, the sheriff is to take the body, goods, (a) West, 290. (i) Ibid. 291. ITPfice, 15. lands,