S60 Traverse— Resisting Extents, [Cli.XlII. Sec.III. on the back of the writ, either in his own name or in the name of ohe of the sworn clerks of the King's remembrancer's office in which the return is filed {a). The form usually is " jL B. appears and claims all and singular the goods and chattels, lands and tenements, debts, credits, specialties, and sums of money," (varying the description according to the property claimed,) " taken and seized under and by virtue of a writ of immediate extent issued against • for the sum of ". ' The 36 E. 3. c. 13.(6), upon which the traverse upon ex- tents is founded, directs that the claimant be heard without delay. It seems also that the subject as a matter of right may enter his claim at any time (c) : though a strict adherence to the rule may be necessary to prevent a sale, unless the Court interpose (df), and as before observed (e), the claimant cannot insist on a lease of the land unless he claim within a month. At all events however, if a party do not appear and put iw his claim within the time limited by the rule, the Court will it seems admit him to appear and claim afterwards, on an affi- davit of special circumstances. Accordingly in a late case {/) where the claim had been entered in the name of the assignee , the Court on motion that a claim might be entered in'the name of the bankrupt for the purpose of avoiding the necessity and expence of proving the bankruptcy and proceedings thereon, granted a rule to shew cause which was afterwards made ab- solute, no cause l?eing shewn. So where the clerk in court accidentally omitted to enter the claim in due time {g)» Of course the party against whom the extent issued may appear for the purpose of denying the debt : and there are few, if any instances in which others claiming any property or interest in the lands or chattels seized, and having a legal {h) title may not come in and interplead with the Crown. The statute 2 and 3 E. 6. c. 8. protecting the interests of others in lands, has been already mentioned {i). So a mortgagee though (o) 2 Manning, 585, 590. Ibid. Ap- taken, peiidix, ^182, 6, 7. (/) Rex t. Aspinall, H. T. 57 Geo. (6) Ante, 356, and note (h). 3. West, 178. (c) Y. B. 13 Ed. 4. 8. (g) 3 Price, R. 38, note. (rf) And see Manning, 586. {h) Ante, 303. (e) Ante, 255, 6. 36 Ed. 3. c. 13. (i) Ante, 350. S«« Bunb. 25 J What security usually 8 he
