Page:Prerogatives of the Crown.djvu/344

.324 Extents in aid. [Ch XII. Pt. II. Sec. IV With respect to the allegation in the affidavit that the debt has not been put in suit, it may be observed, that it is doubtful on the rule of Court whether that allegation applies to the debt which is sought to be recovered by the extent in aid. However, it has always been usual in affidavits for extents in aid, to state that the debt for which the extent in aid issues, has not been put in suit; and the practice is the best inter- preter of the rule. And accordingly in two different cases lately, the Court of Exchequer has held, that if a debt has before been sued for either, by proceeding in equity, or by attachment in the Lord Mayor's Court, an extent in aid should not issue for it (a). 6. As to the allegation, that the prosecutor of the extent is less able to satisfy his Majesty, it is apprehended that the omission of this allegation would not be material. For the words themselves seem to have no more meaning than that which must necessarily follow from the facts stated in the affidavit, viz. that the prosecutor of the extent is indebted to the Crown, and the defendant to the prosecutor of the ex- tent (6). In order to procure the fiat for the extent in aid, for the benefit of the subject, the course of proceeding at present in practice, is this (c) : a commission and inquisition in the case of a simple contract debt to the Crown are engrossed ; th,e statement of the debt to the Crown from the prosecutors being taken in each of these proceedings from the affidavit ; an ex- tent pro forma against the Crown debtor, and inquisition thereon, are also engrossed, the statement of which is likewise taken from the affidavit; the commission and inquisition thereon, the extent pro forma and the inquisition thereon,^ are then laid before the jury, together with the affidavit ; and on that affidavit, which is the only evidence, they find the inqui- sitions as before engrossed. The commission and inquisition thereon, and the extent profin-md, and the inquisition thereon, with the affidavit, are then taken to a Baron of the Court or the Chancellor of the Exchequer; and he indorses his initials (a) 2 Price, 379. West, 282, &c. {b) See Phillips w . Shaw, 8 Ves. Jun. But may abandon iciVe facias and pro- 241. ceed by immediate extent if insolvency, (c) West, 288. 3 Price, 288. on