Page:Prerogatives of the Crown.djvu/301

Ch.XII. Pt.I.Sec.V.] Eiients. 281 the Crown the rights of a party under a writ of execution, on a statute merchant, or statute staple {a legally seize all the defendant's goods, though considerably more than sufficient to satisfy the debt ; but it does not appear that the sheriff could be prejudiced by his taking only sufficient to pay the de- jnand. And under an extent in aid, it would be improper to levy more than the sum mentioned in xhejiat, in pursuance of the late Act, 57 Geo. 3. c. 117. By Magna Charta, 9 Hen. 3. c. 8. it is provided, that the Crown " shall not seize any land, nor rent, for any debt, as long as the chattels of the debtor forthcoming suffice to pay the debt, and the debtor himself be ready to satisfy therefore." Notwithstanding Lord Coke's opinion [h it seems, from the words of the writ, and the return which is invariably made to it, and from the statute 33 Hen. 8. c. 39. above alluded to, that the Crown may, since that statute, seize the defendant's lands, though his goods are sufficient to satisfy the debt (c), but they cannot in such case be sold [d). The extent is an execution, and the Crown is not bound by the statute of bail-bonds, 23 Hen. 6. c. 9. and consequently the defendant is not bailable. The sheriff may take any thing leviable on Q,Jieri facias, and in many respects more extensive powers are attached to the writ of extent, as will be seen hereafter. The sheriff is only to seize and not to sell the goods under the writ of extent ; and the seizure of lands and debts under the extent, is effected by the finding of the jury, and is merely nominal. Actual sei- zure is unnecessary (e). The inquest finding the office, vests the property in the Crown, and it immediately becomes free from liability to be distrained on for any cause {/). The prac- tice is, for the sheriff to keep the specialties seized, till called upon to deliver them to the solicitor for the Crown {g). Extents in chief take place inter se, according to their teste {h). An extent in chief,, finding the same goods found (a) See ante, Extents in general. Vin. (e) See 2 Manning, Pr. 550, n. y. Ab. St. Merchant, West, 75, t). And (/) Ibid. 551. Officina Brev. 301. see the former statutes, 51 Hen. 3. c. 4. Jenk. 112. pi. 18. Plowd. 242. and 28 Kl. c. 12. 2 Manning, Pr. 549. (g) West, 74. See post, 293. title (A) 2 lust. 19. * Seizure of Lands, as to mode of finding (c) See Gillwrt, Hist. Excheq. 127. lands on inquisition. West, 74 to 79. 2 Manning, 549. {h) Parker, 281. (rf) Post, sect. 7. 3 Upon