Page:Prerogatives of the Crown.djvu/280

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260 Inquests of Office. [Ch.XIL open places, and the sheriffs were to return jurors, and the in- quisition 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 be- comes, by the record of judgment, a debt due to the King instanter {h)y 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 jprojine [c or by le- vari facias^ which, as we shall presently see, is abolished on ex- tents 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 re- cord [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 au- thority of an old case (^), that in the case of a judgment for a misdemeanor, that the party convicted be imprisoned for two years, and pay a certain fine, and be further imprisoned till the fine be paid, a levarifacias 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 pro- perty for its debts. This will be more fully noticed under the head of extents. (a) Gilb. Excheq. 1 10. and Finch, L. 2142. 13 East, 190. 526. {g) 1 Chitty's Rep. 432. And this (A) 3 Salk. 32, was acted upon in the subsequent cases (c) 1 Ibid. bG, a. of Carlile the bookseller, convicted of (rf) Com. Dig. Execution. publishing several libels ; and of Sir (<r) Bunb. 40. Trem. P. C. 303. See M. Lopes, convicted of bribery, form of •ntry of satisfaction. Trem. {h) Rex c. Webb, 2 Show. 173. Skin- F. C. 3.03. 4 Hargr. St. Tr. T60. ner, 12. Sir T. Jones, 185. (/) 2 M. and S. 201 . ac. 4 Burr. In