Ch. XII. Pt. I. Sec. VI.] Extents. 305 difficult to prove why it should not equally be bound by an ac- tual assignment of it, under a commission of bankrupt ; for the Crown, as already observed, is in general bound by an actual assignment under a commission of bankrupt, if such assign- ment be executed before the teste of the writ. It is clear at the present day, that debts due to the Crown debtor on simple contract, may be seized under the extent (fl); and the general rule seems to be, that any debt or credit due to the Crown debtor, for which the latter might maintain debt, covenant or indebitatus assumpsit^ and which would support proceedings at the suit of the Crown against its immediate debtor if due from him, may be seized under the inquisition ; as sums due on, and which lay in, account (h) ; and a liability, infuturo, on a bond, bill, or note, &c. then in existence, may be found on the inquisition {c) ; but process cannot, in general, be issued thereon, till the instrument be due {d). Nor can it issue at all, unless the debt be found and seized on the inquisition, upon the first extent (e). If the debtor to the Crown debtor have accepted a bill for the debt, drawn by the latter in favor of a third person, or payable to the Crown debtor, and which he has indorsed over; or have drawn a bill on a third person, for the debt in favor of the crown debtor, which has been ac- cepted by the drawee, and such bills are not due at the time of the inquisition, the debt cannot be found under it ( /). On the same principle, that which the defendant could not alien, can- not be taken on the extent ; as an annuity created in favour of the defendant, but subject to be suspended, in case of any act done to change or alien (g). Under an extent against one, the whole of the debts due to that one and another may be seized, but the other creditor seems to have a remedy, by proceedings in equity against the Crown for an account (7^). The form of the extent shews that under an extent against several, the debts due to any one may (rt) Lane, 23. 4 Rep. 95. See (e) 13insrham, 216, note (r). Plowd. Com. 441, as to taking rents ia (/) 1 Wightw. 32. Rex r. Oust, arrear.- 2 B. and Aid. 258. Hughes, 186. Rex v. Heatli, Hiighefi, {b) Ante, s. 1. 155. See further post. pt. 2. s. 5. Extenta (c) Hughes, 106, 118, 19. in Aid and Pleadings thereto. {(I) See ante, sect. 1. and post, part (g) I Wightw. 386. 2 Manning, Pr. 2. s. 5. Pleadings, as to the best mode 548. , ' of finding a liability on bills and notes. (A) See MSS. cases cited, West, Ext. See West, 165. 170. See 1 Wightw. 50, 52. be
