Page:Prerogatives of the Crown.djvu/347

 Ch. XII. Pt. II. Sec. v.] Ea:tents in aid. 327 remote degree, on the ground that the debt which had been found on the original commission to be due to the King's debtor has been subsequently satisfied, by the payment of bills t>f exchange deposited with him for the securing that debt ; if it appear that those bills were not the bond fide property of the person depositing them, who thereby committed a breach of trust ; because the Court will consider, that the real proprietors ^f the bills have a paramount claim on the person with whom they had been so deposited, if he has been satisfied his debt by other means. It is provided by the 57 Geo. 3. c. 117. s. 2. that if on an extent in aid on behalf of the Crown debtor, there be levied and produced more than the sum due to the Crown debtor, the overplus shall be paid into the Court of Exchequer, with the principal sum indorsed on the writ, and the Court may, on sum- mary application, make such order for the return, disposal, or distribution, of any such surplus, or any part thereof, as shall appear proper. In j^leading to an extent in aid (a), it is apprehended that the defendant may plead any matter which would be a good de- fence, as against his creditor, i. e, the Crown debtor, and which would shew, that on the day on which the inquisition was taken no debt was due to the latter from him. As that tlie debt due to the Crown debtor is, in respect of bonds, bills, or notes, not yet arrived at maturity (b) ; or that the defendant on the extent in aid, gave the Crown debtor a bill for th6 debt which became due after the day on which the inquisition was taken, though it has been subsequently taken up by the Crown debtor (c). So, in the King v, Copland {d), it was held, that on an extent in aid, the defendant might plead a set-off of sums due from the Crown debtor to himself. And the Chief Baron there said, " as to the set-ofF, it is true, you cannot set-ofF as against the Crown; but qu. if this is so. It is a mistake in terms so to call it. He (?. e. the Crown debtor) is to collect his own debt, and that is the balance. It is a debt due between sub- ject and subject." It would seem (e), both upon principle ^nd (a) As to pleadings and subsequent (c) 1 Wigbtw. 32. proceedings on extents in general, see (d) Appendix to Hughes's Case of next chapter. "Bcbb, page 204. (b) Bebb's Case, by Hughes. Ante, (c) West, 249. 305. 7 upon