Page:Prerogatives of the Crown.djvu/346

326 Ea:tents in aid. [Ch.XII. Pt.II. Sec.V. lands, debts, credits, specialties, and sums of money, of the de- fendant, in the same manner as under an extent against the Crown's first debtor ; the goods, debts, &c. of the debtor of the Crown debtor, being bound in the same manner as the goods, debts, &c. of the Crown debtor, on the first extent ; and all the observations before made in this particular, with respect to the first extent in chief, will apply to the extent in the second de- gree. But with respect to the lands of the Crown debtor's debtor, which the sheriff is directed to seize, under the extent in chief in the second degree, they, of course, are bound merely from the recording of the debt from the Crown's debtor's debtor to the CrowTi debtor under the inquisition ; unless, in- deed, the debt due to the Crown debtor be by judgment or re- cognizance, in which cases the Crown of course takes the lien of the plaintiff in the judgment, or conusee in the recognizance, on the land of the defendant or the conusor, which they had at the time of the judgment entered, or recognizance acknow- ledged. But by 57 Geo. 3. c. 117. s. 1. before cited, the offi- cer is to seize only to the amount of the debt due to the Crown debtor. The defendant's body may be taken under an extent in aid; but the 57 Geo. 3. c. 117. s. 6. affords such defendant relief, by enabling him to apply to the Court of Exchequer for his discharge, on giving a month's notice to his creditor, and making a true disclosure of his property, and the Court has a discretion to discharge him quoad such his imprisonment. Besides the motions which may be ITiade against an extent for the benefit of the Crown, and which will be considered in the next chapter, the defendant on an extent in aid may, it seems, move to set it aside, on the ground that no debt was due to the Crown from the alleged Crown debtor. It may also be moved, to set it aside the extent in aid, on the ground of the insuf* ficiency of the affidavit on which it is founded, or that the part}' fraudulently procured himself to become a debtor to the Crown, for the purpose of using the Crown process (a), or that the pro- secutor of the extent in aid sued it in breach of good faith, &c. (6). The Court will not (c), in exercise of its equitable jurisdic- tion over extents, grant a writ of amoveas manus, to release pro- perty seized under an extent in aid against a debtor in a more (a) West, 295, 6. (c) 1 Price, R. 9&, {b) West, '297. remote