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of acres are to be delivered, he must deliver possession of that number of acres, according to the estimation in the county where the lands lie. If several tenements, mentioned in the writ, be in the possession of several tenants, the officer must give possession of each separately; of one, in the name of all, is not sufficient. But if all be in the possession of the same tenant, it is said to be sufficient to deliver possession of one in the name of all." The safest way is to remove the tenant of each house, and to deliver possession separately. As the end of the writ is to give the party full and actual possession, he must remove all persons, and their goods, from off the premises, otherwise the execution is not complete. The execution is not complete, until the bailiffs are with- When exdrawn, and possession completely given. If a stranger turn the ecution is plaintiff out of possession, after execution fully executed, the complete. plaintiff is put to his new action, or to an indictment for the forcible entry; if the same defendant disturb him, he cannot have another writ of hab. fac. whether the Sheriff have returned the former or not.e When a Sheriff's officer, acting under an hab. fac. is dispossessed before he deliver possession, it must appear, that the persons dispossessing are acting in concert with the defendant, before a fresh writ can issue. If the Sheriff Excessive deliver possession of more than he ought, the Court will, on a delivery summary application, order it to be restored. Where crops were medied. standing on the land, when possession was delivered, the Court refused to compel the lessor of the plaintiff to pay over to the Crops. late tenant (defendant) the value of the crops, after deducting the rent.h
To save the expense of executing a writ of possession, tenants Attornin possession may attorn to the plaintiff.
In the Q. B.
MEMORANDUM that we being the tenants of the premises for which this action is brought and whose names are hereunder written do hereby this day of A.D. 18 respectively attorn and become tenants thereof unto the above-named A.B. and do severally hold of him the several messuages &c. with their appurtenances opposite our respective names more particularly mentioned and described and on ac count of and in part payment of rent for the same do and each of us doth give to the said A. B. 18. as witness our hands this Witness
a Floyd v. Bethill, 1 Roll. Rep. 420;
1 Roll. Abr. 886.
b Ibid.; Run. Eject. 485.
c Lutw. 1486; Upton v. Wells, 1 Leon. 145; Tidd's Pr. 1081, 8th edit.; Palm. 289.
d 6 Mod. 115; Leon. 145; Palm. 289; Doe d. Pitcher v. Roe. 9 Dowl. 971.
e Doe d. Pate v. Roe, 1 Taunt. 55:
see Doe d. Lloyd v. Roe, 1 Dowl. N. S.
f Doe d. Thompson v. Mirehouse, 2
Doe d. Upton v. Witherwick, 3
Amount to be levied.
The amount to be levied may be gathered from the following
G. P. of
C. W. of in the county of W. are held and firmly bound to Sir G. M. Bart. of
G. A. (L.S.)
G. P. (L.S.)
C. W. (L.S.)
a 3 Geo. 1, c. 15, s. 16; Nash v. Allen, 1 Dav. & Mer. 20; 4 Q. B. 784, S. C.; 15 & 16 Vict. c. 76, s. 123.
b Reg. Gen. Hil. T. 1853 (Costs). c See ante, p. 214.
By virtue of this writ to me directed on the
in the year
within written I caused the within-named A. B. to have possession of
Also I have caused to be levied of
The answer of
within mentioned or any part
Or, And the within-named C. D. hath not any goods or chattels in my bailiwick whereof I can cause to be made the sum of £thereof.
The answer of 1.
By virtue of this writ to me directed I have been always ready and willing to deliver the possession of the premises within mentioned to the within-named A. B. with the appurtenances as I am within commanded; but no one came to me on the part of the said A. B. to show the same premises to me or any part thereof or to receive the possession thereof or any part thereof from me.
Offer and Refusal.b
The answer of
By virtue of this writ to me directed I have been always ready and willing to deliver possession of the premises within mentioned to the within-named A. B. with the appurtenances as within I am commanded and did on the
in the year within written offer to deliver them to him but he refused to receive the same.
The answer of
AN extent (in the sense in which it is here used) is a prerogative What. execution. It is a common-law execution, modified and restricted by the 33 Hen. 8, c. 39.c A statute merchant, statute staple, and recognizances in nature of a statute staple, are now wholly disused; but bonds, relating to the public revenue, are, in effect, the same as a statute staple. The body, lands, and goods, of a debtor or accountant to the king, were liable at common law. But, by the 33 Hen. 8, c. 39, a new right seems to have been given to the Crown, viz. the right of taking all at once in execution. The Crown Crown debts are, either of record, or not of record. There can debts.
a See Roll. Abr. Return (I.); Dalt. ch. 63; Ret. Br. 46, 352. The returns to the fi. fa. and ca. sa. are as in other
b Dyer, 278; Impey, 528; Dalt. 255.
c See Giles v. Grover, 9 Bing. 248.
Kinds of extents.
be no debt of the Crown, upon which process can issue, except it be of record.a Such debts are recoverable by extent, scire facias, or, by filing an information on the record itself.b
The writ of extent is of two kinds, viz. in chief, and in aid. An extent in chief is an adverse proceeding by the Crown against a Crown debtor, or against the debtor of a Crown debtor. An extent in aid is, when the extent is issued at the instance of a Crown debtor, against his debtor, to aid his payment of the Crown debt. There are also extents of the second and third degree. The term immediate extent means an extent which issues without a scire facias. The writ is called an extent or extendi facias, because the Sheriff is to cause the lands, &c., to be appraised, to their full extended value, that it may be known how soon the debt will be satisfied.
The writ formerly issued out of the equity side of the Exchequer, upon the fiat of the Chancellor of the Exchequer, or that of a Baron, which was the commencement of the Queen's suit, or award of execution. It is now issued by H. M.'s Remembrancer in the Court of Exchequer. It may issue in term, or in vacation; Teste, &c. is tested on the day it issues; is signed by the Queen's Remembrancer; sealed with the Exchequer seal; and made returnable on a day certain in term, or in vacation. By a rule of the Court of Affidavit of Exch., dated 22nd June, 1822, "It is ordered that from hencedanger. forth no fiat for an extent in aid shall be granted, unless the party applying for the same, or some person or persons on his behalf, shall make affidavit, that unless the process of extent for the debt due to him from his debtor be forthwith issued, the debt due to the Crown, from the party applying, will be in danger of Amount to being lost to the Crown."i Upon the issuing of every extent in aid, the amount of debt due, or claimed to be due, to Her Majesty, must be stated and specified in the fiat, and if the debt found due to the Crown debtor equals or exceeds that amount, such amount is to be indorsed upon the writ as the sum to be levied by the Sheriff; and if the debt found due to the Crown debtor is of less amount than the sum specified in the fiat, the amount, so What to be found due, is the sum to be indorsed, and levied. As to any overplus arising from the sale of lands, &c., it is provided, that such overplus shall be paid into the Court of Exchequer, together with the amount indorsed upon the writ; and the Court will, upon summary application, make such order for the return, disposal, or distribution of it, or any part of it, as may appear proper. The in
Reg, v. Ryle, 9 M. & W. 227, 239. b Attorney-General v. Sewell, 4 M. & W. 77.
Extents in aid are regulated by 57 Geo. 3, c. 117; but it does not apply to an extent in chief, Rex. v. Bell, 11 Price, 772. When it may be resorted to, when not, see R. v. Bingham, 2 C. & J. 130; Dowl. 129.
d R. v. Shackle 11 Price, 772; Gilb.
Exch. 177; Ewin's ca. Parker, 259.
e West, 18; Gilb. Exch. 168.
85 & 6 Vict. c. 86, s. 2.
h Rex v. Maberley, 2 Dowl. P. C. 383; R. v. Renton, 2 Ex. 216; 5 & 6 Vict. c. 86, s. 8; West, 56, 58.
i 2 Wms. Saund. 70 e, n. (x).
tent of this branch of the statute was, to prevent in future the practice of issuing extents in aid, for recovering larger sums than were due to the Crown by the debtors on whose behalf such extents were issued. Sect. 4 prevents, in future, the issuing of extents in aid on the application of certain bond and simple Extent in contract debtors to the Crown; but there is a saving clause, as aid not to to simple contract debtors becoming so by the collection or be sued out receipt of any money arising from Her Majesty's revenue. Sect. 5 by simple enacts, that no extent in aid shall issue on bonds as surety for in- certain bond surance companies. And lastly, the Act provides for the discharge debtors. of persons imprisoned under the writ of capias in any extent in aid, upon giving the proper notice, and in other respects complying with the provisions of the statute. In order to issue an extent, Must be a as already stated, the debt must be on the records of the Court. debt of reThe mode of doing it is this:-an affidavit is made, stating two cord. things-the debt, and the danger of its being lost, without some more speedy and efficacious process. If no affidavit of danger Proceedings can be made, the proceeding is by scire facias. A commission of upon extent. inquiry first of all issues to find the debt. This is an ex parte proceeding a mere form to put the debt upon record, in order to authorise the issuing of the process. The inquisition is taken before a jury, but no vivá voce evidence of the debt is required; the jury may find the fact of a debt being due to the Crown on the sole evidence of an affidavit that the debt is due; and this is the usual evidence. No notice is given to the debtor of the execution of this commission; nor could he, it would seem, attend and dispute the claim. The proper time for doing so is when the extent issues, and the inquisition is taken before the Sheriff and the jury. When the debt is thus found of record, upon the same affidavit, and a baron's fiat, the extent issues. In one case it seems to have been issued on an inquisition and fiat of eight years' standing. Extents may issue into different counties at the same time; and before or after the return of the first, others may issue with the same teste as the first. The writ does not abate by the death of the debtor.d
Affidavit for immediate Extent in Chief.e
In the Exchequer.
H. H. of
J. R. of
gentleman and captain of the C. Y. C. maketh oath and saith that banker is justly and truly indebted to our sovereign lady the Queen in the sum of £ being so much of her majesty's monies deposited in his hands by for the service of the said regiment and unaccounted for by the said J. R. and that he verily believes that the said J. R. has stopped payment and is in embarrassed and insolvent circumstances and that unless some method more speedy than the ordinary course of proceeding at law be forthwith had against the