Page:Prerogatives of the Crown.djvu/339

Ch.XII. Pt.II. Sec.lIL] Ea^tents in aid. 319 benefit, a species of execution which should be confined to the Crown. The unjust effect this frequently had on the funds of a debtor by affording an undue preference called loudly for a remedy, which was accordingly provided by the legislature. By the above-mentioned statute, it is enacted, (Section 4.), " that from and after the passing thereof it shall not be law- ful for any person or persons, companies or societies of per- sons, corporate or not corporate, who shall or may be indebted to his Majesty by simple contract only ; nor for any such per- son or persons, companies or societies, who shall or may be indebted to his Majesty by bond for answering, accounting for, and paying any particular duty or duties, or sum or sums of money, which shall arise or become due and payable to his Majesty from such person or persons, companies or societies respectively, for and in respect, and in the course of his or their particular trades, manufactories, professions, businesses or callings ; nor for any sub-distributor of stamps who shall have given bond to his Majesty ; nor for any person who shall have given bond to his Majesty, either jointly or separately, as a surety only for some other debtor to his Majesty, until such surety shall have made proof of a demand having been made upon him on behalf of his Majesty, in consequence of the non-performance of the conditions of the bond by the principal, and then only to the amount of the said demand ; to sue out and prosecute any extent or extents in aid, by rea- son or on account of any such debt or debts to his Majesty respectively, for the recovery of any debt or debts due to such person or persons, companies or societies, or to such sub-dis- ' tributor of stamps or surety as aforesaid; and that all and every commissioner and commissioners to find debts, extent and extents in aid, and other proceedings which shall be so issued or instituted at the instance of or for such simple contract or bond debtor or debtors respectively, and all proceedings there- upon shall be null and void : Provided always, that nothing herein contained shall extend or be construed to extend to preclude or prevent any persons who shall or may become debtor or debtors to his Majesty by simple contract only, by the collection or receipt of any money arising from his Ma- jesty's revenue for his Majest/s use, from applying for and suing out any commission or commissions, extent or extents in aid, in case one or more of such persons shall be bound to ' his