Page:Prerogatives of the Crown.djvu/469

INDEX. 449 EXTENTS {continued). Page Resisting. i, e. traversing inquisition or office. A statutable remedy for subject — (See Traverse of Office.) . . 358 1st. No locus standi in court against Crown without sub- ject claiming property . ... . ibid. On return of inquisition, rule for subject to appear and claim — form of when given, &c. . . . 359 Appearing and claiming, when and how . 359, 60 Claiming a lease of the diVidLS pendente lite . . ibid. Who may appear and claim — defendant and stranger, having interests, &c. . .... 360, 1 Different parties, &c. claiming; prerogative of making them interplead . . . . . 361 Sdly. Motions to set aside extents, &c. When and how made, and notice thereof .... 362 May move to set aside for irregularity, &c. proceedings not on face of record .... ibid . When motions should be made, waiving irregularity . 363, 4 Must apply on irregularities not on face of proceedings 363 Setting aside partially. New writ . • . , 364 Moving to lay out money levied in funds, &c. pendente lite ibid. Moving to pay the money into court, when and on what terms ...... 364, 5 Defendant cannot dispute debt on affidavits . , . ibid. Motion to refund on excessive levy ... 365 5dly. Pleadings on extents; four day irule to plead; further time . . . . . ibid. Pleas ; 1. by defendant or his representative; or, 2. by strangers — (See Pleadings.) .... 365, &c. J^o ruling to reply, but court will enforce replication, &c. 368, 9 (As to replication, rejoinder, &c. see Pleadings.) 4thly. Venire io try; Where King likes; issues on extents at Westminster ..... 370 Notice of trial . . . . . . 371 On Crown delaying to proceed . . . ibid. Crown tries where it pleases ..... ibid. If distinct issues . . . . ; ibid.