Page:Prerogatives of the Crown.djvu/317

Gh.XII. Pt. I. Sec. v.] EMenis. 297 same manner of purchasing, and secret uses, profits, or behoof, shall be found by office or inquisition, that then all and every lands, tenements, and hereditaments, so to be bought or pur- chased, or caused to be purchased, (as is before mentioned in this last proviso,) shall, by virtue of this Act, be taken, secured, and used for the satisfaction of the arrearages and debt of eve- ry such accountant or debtor, as is above mentioned, to all in- tents and purposes, as though the person or persons indebted, upon his or their account or farm, were thereof actually seised of such estate, that was conveyed to any person or persons, by any such accountant or debtor, or by his means, as is afore- said ; and that all sales to be thereof made by the Queen's Ma- jesty, her heirs or successors, for satisfaction of such debt, or arrearages, as shall be found, as is aforesaid, to be due and ow- ing to our said sovereign lady the Queen, her heirs and suc- cessors, shall be of the like effect, and be used and done in such like manner and form as is before expressed." Rents-service (a) and rents-charge (Z>), and tithes in the hands of lay impropriators, or leased for life, or for years (c), may be extended as part of the realty ; but tithes in the hands of ecclesiastical persons, cannot be seized under the extent, . though on the sheriff's return that the defendant is a beneficed clerk, process to the ordinary, or a levari facias to the bishop, may be issued {d). It should also be observed, that copyhold lands, and leases of copyholds, cannot be taken in execution, even at the suit of the Crown [e). And though a term for years be extended as land, instead of being appraised as a chattel, as it may be, it is bound as a chattel only, from the award of execution, against a bondjkle purchaser before that period [f). It will now be proper to consider the effect of the extent, where a stranger claims — 1st, an interest and property in the lands of the debtor ; or, 2dly, has a lien or claim on them, by virtue of a judgment, or other debt of record, or an execu- tion. (a) H. 13 H. 4. Fitz. Avowry, 237. Pr. Index, iii. Fieri facias. (i) 7 Co. 37. The previous arrears (^) Hardr. 43'2. Kitch. 123. Parker, form of course part of the debts seized. 135. 1 Rol. Abr. 888. pi. 3. 2,u<rre, As Ibid. to customary freeholds, 2 Manning, Pr. (c) 3 Price, 223. 2 Manning, 541. 541, 2. (rf) 2 Manning, 540, 1. See Tidd's (/) 8 Kep. 171. 2 Rol. Ab. 156, 7. 1. Of