Page:Prerogatives of the Crown.djvu/379

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Ch . XII I. Sec. III.l Traverse. — Resislinfr Extents. 35^ & Ou the return day of the extent, the following rule to ap- pear and claim is indorsed on the back of the extent (a). ' day of 181 — . " It is this day ordered by the Court, that if no one shall appear and claim the property of the several goods and chat- tels, lands and tenements, debts, credits, specialties and sums of inoney, particularly mentioned and described in the inqui- sition, and several schedules hereto annexed," (varying the description according to the property seized) " on or before this day se'nnight, a writ of venditioni exponas do issue to sell the same." « Fowler." . If the extent should not be actually returned till after the return day, the rule^ it should seem, cannot be given till the writ is actually returned. This rule is always drawn up for " this day se'nnight," i. e. it is a six day rule, not accounting Sunday, whether intervening or at the end. If there should not be time to give this rule in term, it is given for the seal- ing-day, or seal-day, as it is indifferently called after term {b). The general seal-day, which for the purposes of sealing and issuing the King's process, and for filing and delivering over informations in matters of revenue, is considered as the ficti- tious last day of term, is always appointed, at the discretion of the Courtj on the last day of every term. In the issuable terms, from the increase of the revenue business, the seal-day has been appointed on the Friday month after the term. In Michaelmas Term it is appointed within a day or two of Christmas day, and in Easter Term it is appointed on the Fri- day before Whitsunday ; but for the precise days on which the general seal-day is appointed, reference must be had to the minute book of the register, in which it is always noted the last day of every term {c). If the defendant mean to dispute the debt, or a third person wish to claim the property, he must [d) appear and claim before the expiration of this rule and enter his appearance and claim (a) West, 174. 2 Manning, 533. Exchequer, vol. 2. p. 4. West, 175." {b) R. T. 2Jac. 2. West, Appendix, (rf; See West, 175,6. Otherwise the 128. Manning, App. 232. owner of the goods is bound, 3 Price, (c) Fowler's Equity P^ctice of the 127. on