362 Traverse. — B^esistiiig Extents. [Cb. XIII. Sec. III. 2. Motions to set aside extents ; — to pay moneys 8^c. These motions may be made either in term time on any day except Monday or Thursday (Fridays and Saturdays are the usual days («) ) ; or they may be made at the sittings after term (now usually held in Gray's Inn Hall), which are always appointed by the Court on the last day of every term, except Easter term, when, on account of the shortness of the vacation, the Thursday next after the last day of that term is always fixed as a day for motions only (/>). It is usual to give (to the clerks in Court, not to the solicitors immediately employed (c) ) two days previous notice of a mo- tion to set aside an extent (d) : and it is highly reasonable that the opposite party should be provided with the means of resist- ing the application. But on pressing occasions, towards the end of the term, the Court will sometimes direct that short notice of motion for the next day be accepted [e). And no notice is necessary where the party moves for a rule to shew cause merely {f). And the writ ought to be brought into Court by the officer of the Court before the motion is made, where the objection arises upon the face of the extent (^). 1. Even such of the proceedings as do not form a part of the record, as the affidavit of the debt and insolvency, may be set aside on motion for any insufficiency apparent on the face of them. It is highly reasonable that this remedy should be open to the defendant, as of course only such statements as consti- tute a part of the record can be traversed or demurred to. This summary remedy by motion to the Court, is also allowed the defendant where the proceedings on record are on the face of them defective : as where a sufficient debt is not stated, or the inquisition is argumentative, &c.'(A). For, though a demurrer on account of such defects in the record is decidedly sustainable, and where the point is doubtful, the Court will (a) 2 Manning, 610. 233. 2 V. 60G. (A) 1 Fowler's Eq. Pr. Exchcq. 284. (/) Rex r. Collingbridge, Dec. 17, West, 179. 1816. West, 179. S. C. but not S. P. (c) 1 Price, 385. 3 Price, 280. (rf) Ibid. 2 Manning, 610. (g) 1 Price, R. 395. (e) 1 Price, 117. Questions of irrc- (A) 3 Price, 288. See ante, 268. gularit^ settlfcd by deputy rr membrati- as to the validity of the inquisition, ecr, who may gire costs. Manning, App. leave^
