Ch.Xri. rt.r. Sec.IV.] E^nent^. nn . SECT. IV. TVlien Immediate Extent may issue. — Affidavit to obtain it' ; an^ fiat thereon. The rule is, that simple contract debts and specialties, not included in the statute of Hen. 8. being rendered records by the return of the inquisition ; and bonds within that statute, and certain other debts, being of themselves on the footing of records ; the Crown may (without issuing a scire facias) on the wordintT of the statute 33 Hen. 8. c. 39. s. 55. issue an imme- diate extent, on an affidavit of the debt, and that it is in danger of being lost, in consequence of the insolvency or needy circum- stances of the debtor, and on the Jiat of a Baron [a). The immediate extent is founded on the presumption that the Crown would be prejudiced by the delay attending the ordi- nary proceeding by scire facias. We have already considered in what cases an extent may be issued, especially with reference to the instances of a receiver of the Crown debt, and of the demand being grounded on a bond or bill of exchange not yet due {h). It seems originally to have been held, that on a bond or recognizance to the King, for the performance of covenants, or other collateral things, a scire facias should always first issue, and not an immediate extent. But it was afterwards decided, and seems to be law, that on an affidavit of danger, and that the condition of the bond is broken, an immediate extent may issue in every case, as well where the bond is for the payment of a sum certain, as where it is for the perform- ance of covenants or other collateral acts (c). The commission to find simple contract debts is always, as before observed, returnable in term ; but the immediate extent for a simple contract debt, which extent is founded on the inquisition taken under that commission, may, and constantly {a) Ante, Extents in general, and judgment for a penalty, when, and not sect. 1. This is different from the before, an extent, as final process issues writ of extent, as a final process, or without any affidavit. 2 Manning, 517^ process of execution, after a judgment 521, 526, n. g. 574. in favor of the Crown, either in a (A) Ante, s. 1. scire facias or other action ; or on a (c) West, 47, 8.
