Ch.XIL] JE:xtents. 26 r In the case of an outlawry in a personal action, a levari fa- cias 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 levai'i the cattle of strangers levant and couchant on the defendant's property may be taken, for they are considered issues thereof (^). And by Lord Holt (c) : " if A, being out- lawed, 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 notwithstanduig is good {d). But the interest of the King to take the profits continues notwithstanding the fe- offment, 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 in- quisition taken, the alienation prevents the King from taking the profits, otherwise if the alienation were after the inquisi- tion 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 arranger ment: . * lu general. Part I. — Exte^its i7i 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 ex- tent in chief. 3. Form. — Teste. — The issuing and return, &c. of ex- tents in chie£ 4. When an immediate extent may issue. — Affidavit to obtain it and trial thereon. (a) Tidd's Practice, 5th ed. 159, 40. (c) Ld. Raym. 30T. 6th ed. 138. {d) 21 Hen. 7. 7, a. (A) Ld. Raym. 306. 16 Vin. Ab.319. / J. Ex-
