Page:Prerogatives of the Crown.djvu/378

S58 Traverse,— Resisting Edienls. [Cfi.XIII. Sec. III. We have already noticed the point whether or not the tra- verser is to be considered in the nature of a plaintiff or defend- ant («): and the judgment on a traverse {b) ; the granting the lands to the traverser, &c. {c) ; together with the protection afforded to persons holding inferior interests and claims on lands, to which the King is entitled by office (</), have also been explained. t Pleadings, and other proceedings on ordinary occasions, in J the case of the Crown, and in particular in the event of a tra- ( verse of an office, will be now considered in noticing the mode j of resisting extents upon inquisitions or offices. Extents (e) are founded on offices under which the Crown claims certain property. There is nothing peculiar to trss verses to offices on extents ; and the law respecting such traverses is equally applicable in the case of traverses to other offices. " If," says Gilbert {f), " any will plead in discharge of the extent, or of the debts, he must traverse upon a parti- cular roll, the whole matter of charge to which he pleadeth ; and upon plea put in, the party who prosecutes for the King, must procure the attorney-general to demur- or reply, as the case require th. This traversing of offices upon extent, seems to come in by S^ Edw. 3. c. 14. and 36 Edw. 3. c. 13. (g)" The mode of resisting extents and proceedings thereon, may be considered in the following order : 1. Appearing to extents and claiming property. 2. Motions to set aside extents, to pay money, &c. 3. Pleadings on extents, &c. 4. Trial and proceedings incident thereto. 5. Judgment. 6. Excmtion. 7. Error, 1. Appearing to Extents and claiming Property. It is a principle of law that no one can traverse the King's title without shewing title in himself (/i). Wherefore it has always been a rule in the Court of Exchequer, that no one shall be allowed to plead to an extent, that is to traverse the inquisition, or can have a locns standi in Court, till he has claimed property. (a) Ante, 35-i, 5. {e) Ante, 261. (i) Ante, 347. (/) Excheq. 17t. (c) Ante, 25,3. (^0 Ante, ^56. («?) Ante, 340. (A) Slaundford, Prerog. 63, a. 7 On