Page:Prerogatives of the Crown.djvu/337

Ch.XII.Pt.II.Sec.1.3 Extents in aid. 317 Part II. — Of Extents in aid. Sect. I. — In general, — The Course of Proceeding, It has been before observed, that extents in aid owe their origin to the statute of extents 33 Hen. 8. c. 39., and are grounded on the principle, that the King is entitled to the debts due to its debtor. The main distinction between extents in chief and extents in aid is this, that the former issue at the suit of the Crown, the latter at the suit and instance of the Crown debtor, against his debtor. The prerogative process is called an extent in aid when the subject, being indebted to the Crown, avails himself of such process against his debtors. In this case the writ is founded on a fiction. The fiction of an extent issuing against the Crown debtor at the suit of the Crown. The Crown debtor himself privately and pro formd^ procures his debt, if by simple contract, to be put upon record by means of a commission, and the inquisition taken undei" it. If the debt to the Crown be by bond, this first step is of course unnecessary. The Crown debtor then sues out an extent against himself, omitting all the words which direct the sheriff to seize his body, goods, and lands, leaving the words merely which direct the sheriff to seize his debts, specialties, and sums of money. Under this extent the debts due to the Crown debtor are found and seized into the Crown's hands ; and on such finding an extent issues as in the other case against the debtor to the Crown debtor (a). By the 57 Geo. 3. c. 1 17. s. 1. the produce of the extent is by order of the Court to be paid over to his Majesty's use ; but it seems the Crown debtor may procure the consent of the Crown to the sheriff^s paying it over to himself. / (a) West, 264. 2 Manning, 568. the suit 6f the Crown. against liimself. Extents in aid may also be issued by the I6id. Crown debtor on an adverse extent, at SECT.