Ch. XIII. Sec. III.] Traverse.^— Reshti7ig Events. 365 the extent, and the Court will permit this to be done, provided the Crown is not placed in a worse situation by such payment than that in which it would be on recovering judgment. There- fore, where goods and lands were seized under an extent, and the goods, according to the appraised value in the extent, were more than sufficient to pay the debt, the Court allowed the party to pay the debt into the receipt of the Exchequer, with- out costs, because the Crown, if it succeeded, could not have recovered costs on the sale of the goods, and as they were suf- ficient to satisfy the debt, the sale of the lands on which costs are in general attainable could not have been allowed (a). On the same principle, however, if lands only are seized, the de- fendant must also pay costs into Court; but in such case poundage is not an item of costs, it not being due on the sale of lands (Z>). If ^ greater sum than is due be levied under an extent, or if costs or poundage be levied where they are not payable, the Court will on motion order them to be refunded (c). 3. Pleadings on Extents^ S^c, The appearance and claim being entered, a four-day rule to plead is given on the back of the vn-it. Further time (usu- ally six weeks) to plead may be obtained on a motion of course under counsel's hand ; and, on ' affidavit of special circum- stances, further additional time may on motion be gained, at the expiration of the period allowed in the first instance. Pleas to extents are either — 1st, By the party against whom the extent issued, whether he be the original Crown debtor, or a debtor in the second degree {d and by persons claiming in some representative character under them; or, I2dly, By strangers claiming a property in the effects seized, without objecting to the debt. In the former case, the statute 33 Hen. 8. c. 39. s. 79. seems to afford a very extensive and just remedy for the subject, and has on that account been called the statute of equity. ^ It pro- (a) 3 Price, R. 40. As to costs, ning, 607, 8. note q. ante, 310. If doubt as to amount of (A) Ante, 311. debt, a summons may it seems be ob- (c) 1 Price, R. 448. tained for the particulars of it. 2 Man- (</) Ante, 303. vides,
