262 Extents. [Ch. XII. Pt. I. Sec. V. upon a former extent in aid, shall be preferred and paid before it (fl). If an extent in aid issue, and goods be found and seiz- ed, and upon a venditioni exponas^ the sheriff return that he has the money, and an extent in chief then comes, which also finds the goods first extended, the King shall have the money (/. e. on the extent in chief), but not if the money had been delivered over {h). If goods are found on an extent in aid, and then an extent in chief comes, on which goods are found, but not the same that were found on the extent in aid, as to which no evi- dence is offered, nor is it insisted that they should be found, and then another extent in chief comes, and the party prosecut- ing it offers to find what was seized in aid, and is refused, the Court will order a new extent of the like teste, as the second extent in chief, and refuse it to the first extent in chief (c). Where the same goods as are found under one extent are also seized under a second, it should be mentioned in the second inquisition, that these goods are subject to the first extenrt. And where the two extents are executed at the same time, as the sheriff may have some doubt about their priority, it would seem to be the safest way to mention in the inquisition, under each extent, that the goods are seized under the other ex^ tent [d), 2. What may he taken. Body, By the common law(^), and the statute of extents, the Crown in all suits for debts due to it may take the body of its debtor; who cannot as just observed be admitted to bail. The capias clause is in almost every case inserted in the writ, though it appears not to be customary to take the defendant (y). If, however, he be arrested, he can obtain his discharge only on a special application to the Court, or a baron in vacation, when security is sometimes required {g). With respect to the King's interest in his debtor's body, he was by the common law, and, under certain restrictions still is, possessed of the power of protecting his debtor from the (a) Parker, 281. (e) 3 Rep. 12. (b) Ibid. 282. (/) 2 Price, R. 153. 3 Ibid. 94. (c) Ibid. 283. • ' , (g) 3 Ibid. 536. <rf) West, 118. proceedings
