Page:Prerogatives of the Crown.djvu/294

274 Extents. [Ch.XII. Pt.I. Sec. III. the day of , (the date of the bond before recited,) or at any time since ; and what goods and chattels, and of what sorts and prices, and what debts, credits, specialties, and suiiis of money, the said defendant, or any person or persons to his use, or in trust for him, hath in his bailiwick, and to appraise and extend all and singular the said goods and chattels, lands and tene- ments, &c. and to take and seize the same into the King's hands {a). It then directs the sheriff to summon witnesses, and to re- turn the writ. Then follows a proviso, that the sheriif should not sell the goods and chattels till he should be otherwise com- manded ; and it concludes (if on a simple contract), " by the said commission and inquisition, by wairant of Mr. Baron , by the said Act of Parliament, nxade in the 33d year of the reign of the late King Hen. 8. and by the Ba- rons (a)." If the extent be on a bond, it concludes, " by the writing obligatory aforesaid, by the aforesaid Act of Parliament, &c. by warrant of Mr. Baron , and by the Barons." The extent is tested by the Chief Baron, signed by the King's Remembrancer, and sealed with the Exchequer seal [b). If the extent be on a bond, it is not necessary (whatever may be the decision with respect to the question of issuing an extent against the obligor, in a bond to the Crown, before the bond be payable,) to set out any breach .of the condition of the bond in the extent. It is sufficient in the extent, as it is in a declaration, or set, Ja., to set out the penal, part of the bond, and the defendant must shew the condition in his defence, and all the forms are so (c). Where the debtor is already in cus- tody, the extent may contain a clause of habeas corpus cufn causa (d). The writ of extent may be tested in vacation, for it issues out of the equity side of the Exchequer, which is always open ; but cannot be tested before, though it may be tested on the day of the date of the Baron's fiat, which is the authority on which it issues, the fiat being in effect an award of execution {e). It (a) West, 55. pendix, 18. ib) This is directed by statute 33 (rf) Dyer, 197, a. 2 Manning, 517, Hen. 8. 533. (c) See Tremaine, 637. Brown, 416. (e) Stra. 749. Bunb, 164. 8 Rep. Tidd's Appendix. West, 57, and Ap- 171. must