278 Ea^lents. [Ch.XII. Pt.I. Sec.IV. does, issue in vacation before the commission is returnable ; though it seems that the commission ought to be actually re- turned into the office and filed before the extent issues {a). The affidavit for the immediate extent must disclose the nature and ground of the debt, and state its existence with some degree of certainty and particularity. As observed by Mr. West (b), " as to the statement of the debt, there seems no reason why the same rules that are laid down in civil actions, in affidavits to hold to bail, should not be adopted in affidavits for immediate extents ; as the latter process, by which body, lands and goods are taken, and on which no bail is allowed, would seem to require regulations at least as strict as the for- mer ; under which the body only is taken and bail is allowed. But the affidavits have not generally been so particular for extents." The statement of the debt in the commission and inquisition taken thereupon, and in the affidavit for the immediate extent, is nearly the same ; except that the commission does not gene- rally state the debt so fully ; in fact, the language of the com- mission and iiKjuisition is taken from the affidavit, which is the foundation of the whole proceeding (c). The affidavit must also contain not only a general allegation that the defendant is in insolvent circumstances and that the debt is likely to be lost, but must also disclose the reason for the deponent's thinking so, by alleging some fact or instance of insolvency, from which the Court or a Baron may, in the exercise of the discretion mentioned in the statute of Hen. 8. form an opinion wheUier the debt really is in danger; as, ^' that he has stopped payment," " has absconded," " a docquet has been struck against him," " he has committed an act of bankruptcy," or the like {d). For it would be unjust to leave to the determination of a party interested, so compli- cated a fact as insolvency. There are many creditors who are but too willing jto construe an ambiguous act into a sign of instability, though consequences fatal to future credit and prosperity are the probable result. An affidavit whii^h merely stoted that " the defendant was in (a) lbi<l. 3 Price, 288, (rf) West, 52. What is insolvency in {J}) West, 5J. general, 1 M. and Selw. 338, 350, 3. ' (c) Ibid; 32. suspicious
