Page:Prerogatives of the Crown.djvu/293

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Ch.XII.Pt.I.Sec.IIL] Extents. 275 ant to appear and plead thereto, or an extent to issue. If the defendant appear, then another four-day rule is given foi- him to plead, or an extent to issue ; but if the defendant do not appear on the first rule, or appearing does not plead on the second rule, process of°extent issues without any judgment on the scire facias. But judgments have been entered up for the King, on the defendant's default in not appearing, or in not pleading after appearance {a). And it is an indulgence in the court, that they do not enter up judgment ; for if the judg- ment were entered, then the Court would be concluded, though perhaps the defendant had no notice of the debt [h). Where the scire facias is returnable on the last day of term, a rule may be given to appear by the sealing day after such term ; and, in default thereof, proceedings may be had as where there are days in term for giving such rules (c). The defendant may obtain six weeks' further time to plead after the expiration of the four days, on a motion of course on the signature of counsel ; and may, on affidavit of special cir- cumstances, obtain further time after the expiration of the six weeks, by motion in court, on affidavit of special circum- stances (</). SECT. III. Fornty Testey Issuing^ and Return, S^c. Of Extents in chief. The extent, after reciting the bond, or the finding of the simple contract debt by the inquisition, taken by virtue of the commissioners, directs the sheriff (^) to omit not, &c., but to enter, &c., and take the defendant, and to inquire, on the oaths of good and lawful men, &c. what lands and tenements, and of what yearly values, the said defendant now hath, (if the extent be on a simple contract debt,) or had (if the extent be on a bond) on (a) Parker, 94. Gilbert's Exch. 169. (<j) It is direciedto i he coroners, or West, 318. in Ix)ndon, to the lord mayor, if the {b) Gilberts Exch. 170. sheriff bt: Uie e.tcudec, 2 Mauiuug, («) West, 31 a. 531. i^) Ibid. T the