Page:Prerogatives of the Crown.djvu/348

328 Diem clausit extremum. [Ch.XII. Pt.II. Sec.V. upon the authority of this case, that the statute of limitations or bankruptcy, &c. might be pleaded as against a debt due to the Crown debtor, seized under an extent. The defendant, too, sometimes traverses the debt alleged to be due from the Crown debtor to the Crown. The technical rules as to pleadings and other proceedings in the case of the Crown will be fully considered in the next chapter. With respect to costs and poundage^ &c. the obser- vations before made as they relate to the extent in chief, may be here referred to [a). Equity does not in general afford any remedy to the defend- ant on an extent in aid against the prosecutor of the extent on the ground that he has sufficient assets to pay the Crown without resorting to the writ, &c. [h). And as between debtors to the Crown in different degrees no one of them has an equi- table claim to be relieved from any part of the debt which must consequently fall on some of the others [c). But if the King's debt be levied on his debtors' tenants, of course, the rents are satisfied by such levy, and the matter may be specially shewn in an avowry {d). There is a peculiar or special writ of extendi facias which is issued in the event of the death of the Crown debtor, and is cj^lled a diem clausit extremum ; as it recites the death of the part5 By the writ of diem clausit extremum, the sheriff is com- manded to inquire, by means of a jury, when and where the Crown debtor died ; and what goods and chattels, debts, cre- dits, specialties, and sums of money, and what lands (^), the said debtor had at the time of his death, &c. and to take and seize them into the King's hands, &c. [f). It will be observed that the form of the writ is in substance like that of the ex- tent in ordinary cases; and the diem clausit extremum and the ordinary extent are governed in general by the same rules (^). It seems that the ^ diem clausit extremum is founded on tli^ (0 A»te, GlOand 312. (/) West, on Extents. Appendix, lb) 8 Ves. Jun. 241. 129. See as to the old writ of diem. cl. (c) 1 Price's Rep. 96, ^xtr, Stanndf. Praer. Regis, 51. c. 17. (rf) 16 Via. Ab. 5^0. tit. Preroga- (g) 2 Manning, Pr. 519. 5 Price, tive, I. 295. If not issued within a year after (c) As to the sale of them, see ante, the death. Ibid. F. N. B. 253, C. -507. §taundf. ubi supra. common