Page:Prerogatives of the Crown.djvu/388

 S6S Traverse. — Uesistmg Extents. [Ch. XIII. See. III. It will have been remarked that the statute of Hen. 8. before mentioned (a), allows the debtor to allege, plead, declare or shew any sufficient matter in law, " reason or good conscience," in discharge of the debt. t o Several old cases {b) are to be met with, in which parties have been relieved under equitable circumstances, in pursu- ance of the provisions of this enactment ; though it is difficult to lay down any precise rule or criterion on this point (c). The claim to relief may be brought forward either by plead- ing to the extent (t?), or by bill in the Exchequer {e or by motion to the Court of Exchequer, who possess an equitable jurisdiction over extents [f), 2. In the case of pleadings by strangers claiming title pai'a- mount the interest of the Crown, the debt due from the Crown delator cannot be disputed. The pleadings or traverse in this case are not founded on the statute of Hen. 8. {g). Their foundation has been already mentioned [h). In this case the party must, as before observed (/), not only shew his own title, but t,i'averse that of the Crown, i. e. of the party against whom the extent issued, or confess and avoid it. If a bad title be found for the Crown on the face of the in- quisition, the party may, it seems, demur without traversiug or shewing title ik). If found against the claimant, it seems to be peremptory {I). But it seems he may afterwards have a petition {m). As to the replication or demurrer, on the part of the Crown, it mil be remembered that the Crown cannot be non-prossed (w) ; and consequently a rule to plead would be ineffiictual and cannot be given. But the Court in the exercise of their legal and equitable jurisdiction in cases of this nature, will order judgment to be entered for the defendant, as if his plea were (a) Ante, S65, 6. {h) Ante, 356, 360. See 9 Manning, {¥) 7 Rep. 20, Lane, 51. Hardr. 506. 176, 502. cited West, 201 to 208. (/*) Ante, 357. (c) Seel Price, 216. Query, whe- (/r) 50 Ass. 322. pi. 1. T?ro. Deinur- tliera set oif be within the statute. 2 rer in Ley. 25. Hardr. 176. Sed virfe Manning, P. E. 592. note?. West, 215. (rf) See note a. (/) Staundf. Prerog. 65, b. Post. (e) Ch. Pre. 153. (m) Ante, 354, note (/}. (/) 1 l>rice, R. 96. note x. (tj) 3 Anstr. 753. Se€ Ante, 244, 5. {g) Ante, 365, 6. confessed