284 Extents. [Ch.XII. Pt. I. Sec. V. the roll in order that when the King's debt should be satisfied there should be an award of execution for him. So in respect of a subject being engaged in the King's ser- vice out of the realm, the King may, by his writ of protection^ privilege such subject from all personal and many real suits for one year (« It seems at the present day to be clear that the subject may have an interest in his debtor's body, simul et semel with the Crown {h) ; for, as observed by Lord Hobart, " the body is all to all," and the CroTi cannot be prejudiced by the sub- jects having an interest in common with him in the body of its debtor. This doctrine holds it should seem though the party be first taken by the Crown {c). The Crown has however the prerogative right of choosing the custody in which its prisoner is to be kept; and no subject can without the consent of the Crown remove the party from such custody for the purpose of charging him with a declaration, charging him in execu- tion, or surrendering him in discharge of his bail, &c. (d) As the bankrupt {e) and insolvent laws do not bind the Crow^n, a bankrupt's certificate and insolvent's discharge will not entitle the party to be released from confinement on an extent. And it seems to have been held that a bankrupt may be arrested for a Crown debt when under examination eundo- et redciindo {/), Goods and Sums of Money. The goods and monies of the defendant are also to be seized under the extent. An extent binds the defendant's goods, whatever the nature of the debt may be, only from the award of execution, that is (a) Co. Lit. 130, 1. 3 Bla. Com. '289. C. P. held, that they could not grant (A) See Cro. Car. 389, 390. Savile, his bail, a habeas corpus to bring him T?. 29. Hob. 115. and the following up, and render him in their discharge notes, vide Dyer, 297. pi. 24. to the fleet without the consent of tire (c) Ibid. But see Godb. 293. Crown. See further on this subject, (rf) 5 Taunt. 503. and cases there 3 Manning, 533. In Criminal Cases, cited. In this case the defendant hav- &c. Chitty, Crim. Law, 811, 812.. ing given bailto the action and being in (e) Bunb. 202. 1 Atk. 262. custody of the sheriffs of London under ( f) Bla. Rep. 1142. 1 Montague, an extent of the Crown, the Court of Bankrupt Laws, 664. in
