276 Ex^lents. [Ch.XII. Pt.I. Sec. III. It appears to have been recently decided, that an extent may be issued on an inquisition and fiat of eight years' old, and that no new affidavit or fiat is requisite, nor is any proceeding by scire facias, or otherwise, necessary to revive such extent (a). As, however, the Court of Exchequer possess a discretionary power in these cases, and extreme hardship must generally ensue from this doctrine, it might perhaps have been as well to require at least a fresh affidavit of the continued insolvency of the defendant, and that an application should be made to the Court for leave to issue the extent by analogy to the case of executions, on old warrants of attorney(^). The ground of the decision, namely, that from the moment of the return of the inquisition, the debt becomes a debt of record, against which no time runs, and that where the King is a party a scire facias is not necessary to revive the record, is however indisputably true, though this application of it may perhaps be doubtful. And, as before observed, a scire facias seems necessary before seizure, if a year and a day have elapsed after office found (c). After that period, a presumption of payment might fairly be made. Where a joint debt has been found, the death of one of the defendants, in the interval between the fiat and extent, does not vitiate the proceedings [d). Though the sheriff need not file his return in the King's Re- jnembrancer's office until the quarto die post of the return day, his power is determined on the actual return day (e). For a false return the remedy is, by information in the Exchequer, in the name of the Attorney- General [f)» (a) 1 Price, R. 395. as to the sheriffs' return, and of the writ (i) See Bunb. 6'2. of Idemptitate nominh, *here a wrong {c) Ante,, this ch. tit. Inquisition* person is moiestt'd under prerogative ' (d) 1 Price, 395. prot-ess. 2 Ibid. 552. {e) Manning, Pr. 16. See further, (/) 2 Manning, Pr. 632, 3. SECT.
