Page:Prerogatives of the Crown.djvu/287

Ch^XILPtJ. Sec.L] Extents. 267 tute of Westminster (a), as by express authority (Z>), ) under which an inquisition is held to find the debt, and when return- ed, such inquisition becomes matter of record (c). The commission is issued by the clerk in Court of the Crown, and is directed to two commissioners, whom it empowers to inquire, as well on the oaths of good and lawful men, &c. as by the testimony on oath of any other credible persons, (and as some of the precedents, &c. run, " by all other ways, means, and methods, whatsoever,") whether the defendant be not indebted to his Majesty in any and what sums of money, and to return the inquisition taken thereon at the return of the com- mission ; and it also commands the sheriff (of Middlesex), in his character of sheriff, to cause a jury to attend before the com- missioners ; and it empowers the commissioners to summon be- fore them witnesses, and it concludes " by warrant indorsed, and by the Barons {d)y The " warrant indorsed," at the conclusion of the com- mission, is an indorsement of his name on the commis- sion by a Baron, or the Chancellor of the Exchequer, and is the fiat or authority for its issuing. And although in practice, it seems, that the commission is not taken to the Baron to be indorsed, till after the inquisition has been taken on it, when the commission is taken to him for his indorsement, and the extent and affidavit for his fiat at the same time [e) ; still, if no application has been made for the warrant, and none has been obtained, the proceedings are irregular (jT ). The com- mission is vested in the name of the Chief Baron, and signed by the King's remembrancer, and sealed with the Exchequer seal. It may be issued and tested in the vacation, but must be returnable in Term (g). The defendant is not entitled to notice of the execution of the commission on the extent ; but, it seems, the Court will, on application, make an order that reasonable notice be given (A). ' The usual, if not universal, practice is, to adduce no evi- (a) 13 Edw. 1. St. 1. c. 18. judge. Dyer, 228, marg. 2 Manning, (A) Cro. Jac. 569. Brown, Pr. Ex. Pr. 235, b. 364. (e) Ibid. (c) See West on Extents, c. 4. (/) 3 Price, 278. (rf) Ibid. On occasions of importance {g) West, 22. inquisitions have been taken before a {k) 1 Ves. 269. dencc