Page:Prerogatives of the Crown.djvu/341

Ch. XII. Pt. II. Sec. IV.] Ea^tents in aid. 32 1 said, the amount of the debt so stated and specified in the gaid fiat, shall be indorsed upon the writ, and the writ so indorsed shall be deemed to be, and be, the authority and direction to the sheriff or other officer who shall execute such writ, in mak- ing his levy and executing the same, as to the amount to be levied and taken upder the said writ ; and that in all cases in which the debt or debts found due to the debtor to his Ma- jesty, shall be of less amount than the debt stated and specified in the said fiat as aforesaid, the amount of such debt or debts found due to such debtor to his Majesty, shall be indorsed upon the writ, and the writ so indorsed shall be deemed to be, and be, the authority and direction to the sheriff, or other officer, who shall execute the said writ, in making his levy and execut- ing the same, as to the amount to be levied and taken under the said writ ; and that the money levied, taken, recovered, or received, under or by virtue ;Of every such extent in aid so prosecuted and issued, shall be, by order of the said Court, paid over to and for his Majesty's use, towards satisfaction of the debt so due to his Majesty as aforesaid.'* There is some difference between the affidavit for an extent in aid, and the affidavit for the extent against the ori- ginal debtor to the Crown, which we have already consider- ed (a). In the affidavit for an extent against the original debtor to the Crown, it is necessary to swear to the fact of the debt being due, as the affidavit is the only evidence of that fact ; no evidence of the debt being laid before the jury, on finding the commission, according to the present practice, but the affida- vit. But on the taking of the inquisition under the first ex- tent, on which the debt due to the Crown debtor is found, evi- dence of that debt is always laid before the jury ; and, therefore, all that is necessary to swear in the affidavit for the extent in chief in the second degree is, that the defendant was found indebted under the inquisition, (which is, in fact, merely iden- tifying the defendant with the party found to be indebted under the inquisition,) and that he is insolvent. As to the allegation of insolvency, the observations made on that part of the affida- vit for the extent in the first degree, will of course apply here, and to every affidavit for an extent (b). The affidavit which is necessary to obtain' an extent in aid (a) Ante, 277. [b) We»t, 245. y states