Ch.XII.PLLSecIL] Ea:tents. 271 a plea to an extent in aid, stating that the defendant had accepted a bill drawn upon him by the original debtor, and which did not become due till the day after the inquisition was taken, is good, although the defendant had refused payment, and the original debtor to the Crown had been obliged to take it up; It would be rank injustice to permit the Crown by a prerogative anticipation of the forfeiture of a bond, or maturity of an acceptance, or note, to fall suddenly on a party, who, having no public money in his hands, had no reason to expect summary proceedings, and who naturally deferred providing funds to answer demands then only in abeyance, till the time for payment arrived. Where the receiver is the drawer or acceptor of a bill which is not due, the extent is against him in his character of receiver, and not of drawer or acceptor. As an unsettled balance between partners will not support an action by one against the other, such an interest cannot be seised as a debt, or returned under an inquisition to find debts (a). If the Crown be dissatisfied with the finding of the jury, as to the defendant's property in the goods seised under the ex- tent, a melius inquirendum or further inquiry, under the same commission, may be issued [b). SECT. II. Of the Scire Facias to justify the issuing of the Extent in chief » The general rule is, that an extent being process of execu- tion, cannot issue without a scire facias (founded on the inqui- sition which renders the debt a debt of record), to bring the defendant into Court and afford him an opportunity of pleading any defence he may have. And the Crown has no election in this respect, so that unless in case of insolvency, justifying an immediate extent, a scire facias is absolutely necessary ; and where the defendant becomes insolvent, pending the proceeding by scire facias, it is usual to abandon the extent and resort to a scire facias (c). This, and not the revival of the suit, is the (a) 2 Manning, 527, 548. ( c) 3 Price, R. 292, 296. (A) 2 Ves. 5b5, 8 Rep. 168. Ante, 258. ground
