Ch.XII.Pt.I. Sec.I.] Extents. 265 due to that debtor are found and seised into the Crown's hands. A third extent then issues against the party so found to be a debtor by the preceding inquisition, and so on to the fourth degree, &c. Part I. — Ea:tents in chief. Sect. I. — Commission tojind Debts, and Inquisition thereon and her^ein of Debts due to the Crown, It would be contrary to the first principles of law and justice, to issue process of execution before it is ascertained what debt is due to the Crown, and such debt become a debt on record. , It may, therefore, be laid down, as a general rule, that till the J debt, not being per se of record, be ascertained, and become a ' record by a commission and proceeding thereon, the Crown is f not entitled to process of execution, unless in cases of danger, / or insolvency, when an immediate extent may be issued, subject to the rules which will be mentioned. The Crown has no elec- ' tion on this subject. It is bound strictly by this principle. With respect to the question, what is a debt of record? it seems, that at common law, there is no exception in the case of a Crown debt from the general rules prevalent on this sub- ject in common cases. There are, however, some few excep- tions by statute. By the statute 33 Hen. 8. c. 39. s. 50. it is enacted, " That all obligations and specialties, which shall be made for any cause or causes touching, or in anywise concerning, the King's most royal Majesty, or his heirs, or to his or their use, commodity, or behoofi shall be made to his Highness, and to his heirs, Kings, in his or their name or names, by these words. Domino regi, and to none other person or persons, to his use, and to be paid to his Highness by these words, solvend, ' eidem Domino regi, hcered^ vel executoribus suis, with other words used and accustomed in common obligations ; and that all such obligations and specialties so to be made, shall be good and effectual in the law to all purposes and intents, and shall be of the same nature, Jcind, quality, force and effect, to all intents and purposes as the writings obligator!/ taken and acknowledged
