280 Extents. [Ch. XII. Pt, I. Sec. V. If the bond, as is sometimes the case, according to the pre- sent practice, is not taken to the Baron, &c. the fiat is, " Upon reading this affidavit, let a writ or writs, &c. (a)." SECT. V. Execution of Extents in chief. 1. In general. The mode of taking the inquisition under the commission, and the proceedings thereon, have been already noticed. The extent always contains the usual non omittas clause, and the sheriff may enter into any liberty for the purpose of executing it (6). He may also break open outer doors, hav- ing previously signified his authority, and requested admit- tance (c). But the process cannot, it seems, be executed on a Sunday [d). Under the writ of extent, the sheriff may take the body, lands, and goods, &c. of the defendant at once; and where there are several defendants, the operation of the writ is several, and separate property of each respectively is liable. Nor, as just observed, will the death of one of two defendants, found to be jointly indebted to the Crown, in the interval be- tween the fiat and extent, prejudice the proceedings {e). The extent directs the sheriff to take all and singular the goods and chattels, lands and tenements, debts, credits, speci- alties, and siuns of money, &c. and the jurors in the inquisition say, that the defendant hath not any other or more goods, chat- tels, lands and tenements, debts, credits, specialties, or sums of money, in the sheriff's bailiwick, to the knowledge of the jurors, which can be seized. It appears to be clear, that the sheriff may, by virtue of die statute 33 Hen. 8. c. 39. which vests in (a) Ibid. West, 50. Semb. that the sey or Jersey, ante, ch. 3. To whom production of the bond may be dis- extent directed, ante, 273. pensed with, 2 Price, 164. But see (c) 5Rep. 91,b. 93, a. Sir T, Jones, West, 50, note. 234. 4 Leon. 41. pi. 11. Goulds. 679. (A) Bro. Prerogative, pi. 109, cites pi. 114. 41 Ass. 17. See 16 Vin. Abr. tit. Pre- (rf) 29 Car. 2. c. 7. rog. Q. 6. Extent does not lie to Guem- e) 1 Price, R, 395. ante, 275. the
