Page:Prerogatives of the Crown.djvu/336

316 Extents. [Ch. XII. Pt.I. Sec.IX, fhall seem meet, with regard to the expense and trouble each respective sheriff hath had, or shall have, in the execution pf the said process." Where two extents issue into different counties for the same debt, and both sheriffs seize goods, and the debt is paid to one of the sheriffs before a venditioni exponas to either, that sheriff to whom the money is paid shall have full poundage (a). But in such case where the debt is paid to the officers of the Crown immediately, the poundage $hall be apportioned between the sheriffs (b). Under the statute 3 Geo. 1. the sheriff may retain his poundage out of the sum levied under the extent, and need not wait for the allowance of it on his account {c). When, however, he makes his return to the venditioni exponas^ it must be of the whole sum produced by the sale, when the Court will order it to be paid over, deducting poundage {d). And if thp sheriff have paid over the money levied to the prosecutor of the extent, without having deducted poundage, he may obtain it by motion to the Court {e). By statute 3 Geo. 1. c. 15. s. 14. as before observed, the Lord High Treasurer or Commissioners of the Treasury, Chancellor of the Exchequer or Barons, may give the sheriff any additional allowance or reward, in respect of any extraor- dinary service to the Crown. But the sheriff cannot deduct any extra expenses, but must apply to the Court on a rule nisi^ for a reference to the deputy remembrancer for an allow- ance (y*). And if poundage be improperly taken, the Court will on motion order it to be refunded. (a) 1 Anstr. 279. 3 Anstr. 717. 1 (rf) 1 Price, 205. Wichtwick, 117. (e) Parker, 180. (b) 3 Anstr. 718, note. West, 240, 1. (/) 1 Price, 206. 4 Ibid. 131, (f) Parker, 180. Part