writ out of the Chancery, seize land into the King's hand, and after upon inquisition, no title is for the King to have the custody, an ouster le main shall be awarded for the party out of the Chancery. Provided, that if any thing afterwards may be found in the Chancery, Exchequer, or King's Bench, for the King, a scire facias shall go out against the party. And if the King have right, it shall be answered of all the issues from the time of the escheator's first seizing of the land. 6 The requisites of the office, in point of form, will be considered hereafter. But a very important provision in the statute 2 and 3 Edw. 6. c. 8. may be here noticed. By the 8th section of that Act (a) it is provided, that "where any (b) inquisition or office shall be found by these words, or the like, Quod de quo vel de quibus tenementa prædicta tenentur juratores prædicti ignorant,' or else found holden of the King, per quæ servitia juratores ignorant,' it shall not be taken for any immediate tenure of the King in chief; but in such case a melius inquirendum shall be awarded, as hath been accustomed of old time (c)." Under this statute it was considered, in a recent case (d), that an office or inquisition not finding of whom the lands are holden, is in substance the same as one finding the ignorance' expressly; for, in favor of the omission to find as directed, it must be presumed that the jurors did not know, rather than that they knew, and would not return the fact; and that in either case, the award of a melius inquirendum would be necessary. If the office be found against the King, a melius inquirendum, or further inquiry under the former commission, may be awarded for the King. But in good discretion, no melius inquirendum shall be awarded in such case, without sight of some record, or other pregnant matter for the King, to shew the former was mistaken. And by pregnant matter for the King is meant, matter pregnant with evidence of the King's right (e). But, if the melius inquirendum be found against the King, he is thereby precluded from having another melius inquiren-, dum; for if this were allowed, it would lead to infinity, for by the same reason that he might have a second, he might have them without end. However, if the first writ of melius inquirendum were repugnant in itself, if it did not give authority to find such an office as was found; as, where the writ was to inquire, whether at the time of the death of a person who died, in the reign of Queen Elizabeth, the manor of O. was holden of the lord the King that now is, another writ of melius inquirendum may be awarded (a). 2dly, As to Personalty, the general rule seems to be, that the King is entitled, without office or other matter of record: as in the case of goods and choses in action of felons, wreck of the sea, treasure trove, or the profits of lands of clerks, &c. convicted of felony, or of persons outlawed in a personal action (b). So, in the case of Simony, the King shall present without office, and it is unnecessary, on the nomination of the Crown to an office void by the statute 5 and 6 Edw. 6. c. 16 (c). On this subject Sir Wm. Blackstone remarks (d), that "with regard to other matters, the inquests of office still remain in force, and are taken upon proper occasions; being extended not only to lands, but also to goods and chattels personal, as in the case of wreck, treasure trove, and the like, and especially as to forfeitures for offences. For every jury which tries a man for treason or felony, every coroner's inquest that sits upon a felo de se, or one killed by a chance-medley, is not only with regard to chattels, but also as to real interests, in all respects an inquest of office; and if they find the treason or felony, or even the flight of the party accused (though innocent), the King is thereupon, by virtue of this office found, entitled to have his forfeitures; and also in the case of chance-medley, he or his grantee are entitled to such things, by way of deodand, as have moved to the death of a party." By the statute 1 Hen. 8. c. 8. the escheators were to sit in rendum on an insufficient office taken by $2 (b) Staundf. Prærog. Regis, 56, a. Sav. 8. 2 Ventr. 270. 2 Barnew and Alder. R. 258. 2 Manning Pr. Exch. 525. (c) Ibid. Com. Dig. Prerog. D. 70. (d) 3 Com. 259. open open places, and the sheriffs were to return jurors, and the inquisition was to be taken by indenture, whereof one part was to remain with the foreman of the jury, and the other part was to be returned into the Chancery or Exchequer, within one month; and from the Chancery it was to be transcribed into the Exchequer. The reason why it was returned into Chancery was, because that was a Court that was always open, since the Chancellor was always an itinerant with the Prince (a). On a fine imposed by K. B. for an offence, the amount becomes, by the record of judgment, a debt due to the King instanter (b), and process may either issue out of that Court, or the fine may be estreated into the Exchequer, and proceedings taken therein. The process is by capias pro fine (c), or by levari facias, which, as we shall presently see, is abolished on extents for the King's debts. A levari facias may also be issued after conviction, on an indictment for not repairing (d). If the King is willing to remit the fine, the Attorney-General must acknowledge satisfaction by an entry to that effect on the record (e); but it should seem, that the defendant is not entitled to his discharge from imprisonment in respect of such fine, on the ground of his being an insolvent debtor, as it is not a debt, but a punishment for a crime (f). And in a late important case, Rex v. Woolf and others (g), it was held, on the authority of an old case (h), that in the case of a judgment for a inisdemeanor, that the party convicted be imprisoned for two years, and pay a certain fine, and be further imprisoned till the fine be paid, a levari facias may issue for the fine before the expiration of the two years. The Court considered the party in confinement as a punishment for the offence; but appeared to hold that the Crown has the power of taking body and property for its debts. This will be more fully noticed under the head of extents. (a) Gilb. Excheq. 110. and Finch, L. $26. (b) 3 Salk. 32. (c) 1 Ibid. 56, a. (d) Com. Dig. Execution. (e) Bunb. 40. Trem. P. C. 303. See form of entry of satisfaction. Trem. P, C. 303. 4 Hargr. St. Tr. 760. (f) 2 M. and S. 201. ac. 4 Burr. 2142. 13 East, 190. (g) 1 Chitty's Rep. 432. And this was acted upon in the subsequent cases of Carlile the bookseller, convicted of publishing several libels; and of Sir M. Lopes, convicted of bribery. (h) Rex v. Webb, 2 Show. 173. Skinner, 12. Sir T. Jones, 185. In the case of an outlawry in a personal action, a levari facias is the process to be issued: and, on proper application, the proceeds which in point of law belong to the King, may be paid over to the plaintiff in the action (a). On a levari the cattle of strangers levant and couchant on the defendant's property may be taken, for they are considered issues thereof (b). And by Lord Holt (c): "if A. being outlawed, makes a feoffment during the outlawry, the feoffor puts in his cattle, doubtless these are issues, because the feoffee takes the land in the same plight as the feoffor had it, but the feoffment notwithstanding is good (d). But the interest of the King to take the profits continues notwithstanding the feoffment, though the opinion in 21 Hen. VII. 7. a. is contrary. If issues be returned upon a juror, they shall be levied upon the feoffee. If A. be outlawed, and aliens his land before inquisition taken, the alienation prevents the King from taking the profits, otherwise if the alienation were after the inquisition found; and this is the constant course of the exchequer." For the recovery of debts and penalties, and other monies due to the Crown, the usual remedy is by the prerogative writ of extent which will be considered under the following arrange ment: In general. PART I.—Extents in chief. SECT. 1. Commission to find debts and inquisition thereon: and herein of debts due to the Crown. 2. Of the scire facias, to justify the issuing of the extent in chief. 3. Form.-Teste.-The issuing and return, &c. of extents in chief. When an immediate extent may issue.-Affidavit to obtain it and trial thereon. (a) Tidd's Practice, 5th ed. 139, 40. 6th ed. 138. (b) Ld. Raym. 306. 16 Vin. Ab.519. (c) Ld. Raym. 307. (d) 21 Hen. 7. 7, a. Debts and credits, and herein, 6. Of seizing debts, specialties, and credits due to the Crown Debtor: and herein of extents in chief in the several degree, i. e. against debtors to the Crown Debtor, &c, [Resisting extents and proceedings thereon, Ch. XIII.] 7. Venditioni exponas.-Order for sale of defendant's lands, &c. 8. Costs. 9. Poundage. PART II.-Extents in aid. SECT. 1. In general. The course of proceeding, &c. To what degrees debts may be seized on extents in aid. 2. 3. 4. What Crown Debtor may issue an extent in aid. For what sum an extent in aid may be issued. Affidavit and fiat. 5. Form of. What may be taken.-Motions.-Plead - ing.-Costs.-Poundage, &c. Of Extents in general. It was ever a principle of law, that the Crown might seize in execution consecutively the body, lands, and goods of its debtor and even debts due to him; but the right to take them all at once, was not it seems vested in the Crown at common law (a), but was confined to executions by extendi facias against (a) Gilb. Excheq. 7. the |