But the 32. The Writ of Execution upon a Statute Merchant may be returned as
Writ of well into C.B. as B.R. F. N.B. 130. (G)
Execution
upon a Statute Staple fhall be always returnable in Chancery and not in BR. nor C. B. as the Writ of
Execution upon a Statute Merchant may. F. N. B. 131. (C) S. P. Per Croke J. Cro. C. 458.
Pafch. 12 Car. B.R. in the Cafe of Cleve v. Vere.
33. If a Man be bound before the Mayor of the Staple, or in a Sta-
tute Merchant before another Mayor &c. and have no La/ids but in Dur-
ham or other County Palatine, then upon the Certificate of the Statute
made by the Mayor &c. upon the Return of the Sheriff That he has
not Lands nor Tenements within the Bailiwick, the Party may furmlfe,
'That he has not any Thing but in the County Palatine &c. and pray that the
Tenor of the Record may be fent thither to have Execution done ; and upon
that Surmife he fhall have a Writ. F. N. B. 132. (A)
34. Two Inquijitions taken at fever al Days by fever al Juries upon one Sta-
tute Merchant were adjudged naught ; One was taken of the Land, and
the other for Land and Goods : And Extent of the whole 4th Part was
naught i For it ihould be of the Moiety of the 4th Part. And note, It
was of a Leafe, which was but a Chattel, and the Sheriff" might have
fold it as Goods j But feeing he had extended it, in this Cafe he fhould
receive Benefit but as in a Common Extent. Brownl. 38. Hill. 10 Jac.
Anon.
3,f. If the Debt be not paid at the Day, the Proceedings upon it to
have the Fruits and Effects thereof are not like to the Proceedings in
other Cafes or Suits upon Obligations &c. to reduce them to Judgment j
But as they are in their own Nature much like to the Nature of a Judg-
ment, fo is the Proceeding and Execution thereupon much like to the
Proceeding and Execution upon a Judgment ; and therefore the Conufee
may bring an Action of Debt upon a Statute, or he may as foon as the
fame is forfeited have a prefent Execution of it. Greenw. of Courts 143.
tit. Statute Merchant.
36. If
Statutes [Merchant &c] 563
36. If you would fue out a Recognizance taken in Chancery^ you are
firlt to bring a Copy of the Recognizance to one of the Clerks of the^
Petty-Bag, and thereupon he will make out 2 Writs of Scire facias; One ot
a Return pait, and the other ot a Return to come. Thefe Writs you
mult deliver to the Sheriff of Middlefex, who will return- them, as in
this Cafe the Law injoins him to do • and when you have your Writs
returned you are to carry them again to the Petty-Bag, and retain one
of the Clerks there to be your Attorney herein, and then give the De-
fendant a Day to appear, which if he do not accordingly, a Judgment
is to be awarded againlt him for his faid Default ; And if the Defend-
ant appears by the Day to him fo given, then is the Plaintiff to declare
againlt him by his laid Attorney, and the Defendant is to anfwerand
plead to the Plaintiff here, as is ufual in the Courts of Common Law ;
And when you are at full JJpie you are at the furtheft of your Proceed-
ing in Chancery ; For then if you proceed to Trial, you mult have the
whole Proceeding in this Oiiice written into Parchment, and it mult
either be lent by the Officer of the Petty-Bag, fealed up, to be tried in
B. R. or C. B (which you will) or elle it may be delivered over un-
filed by the Lord Keeper or Lord Chancellor, which is agreeable with
the Words, Se propria JVianu &c. For there can be no Trial by Jury in
Chancery. Curf Cane. 501. cap. 18.
37. Trie Way of Proceeding upon a Statute Staple is to go nrit to
the Clerk of the Staple, and ihew him the Date ol your Statute Staple,
when it was acknowleged, which will appear by the Statute itfelf; and
then he will make a Certificate thereupon, and feal it up ; the which
carry to the Cfe>kof the Grown, and give it him to make the Exigent
therein ; and then deliver your Certificate to the Clerk ot the Crown,
and have then your Obligation made, and your Extent is to be made and
indcrfed on the Back-fide. This Indorfement of the Extent is called the
Fine of the Extent, which mult be delivered unto the Sheriff, who will
impannela Jury to inquire and extend, and apprehend as well the Body
as the Lands, Goods, and Chattels oi the Party io bound ; And when
the Sheriff has extended them into the King's Hands, he will keep thern
until you bring him a Deliberate, which you may have in the Office ot
the Petty-Bag ; But before you fue out the Deliberate be fure to inform
yourfeif whether there be Eltate or Goods extended fufficient to fatisty
your Statute; For after you have taken your Deliberate youjmll never
have more than what was firft extended and delivered. Therefore it you
can find any more Lands or Goods extendible in any other Place than
you have at firft extended, you may get them extended likewife until
you have fufficient to fatisfy your Debt; and when you have fufficient
then deliver up your Statute unto the Clerk of the Petty-Bag, who will
thereupon make your faid Writ of Deliberate, and not belore. Curf
Cane. 501, 502. tit. Statute Staple.
Execution after Execution.
- ■9'-
thc Conulor
nit; v^uuuiui
in Execute this Day, he may the next Day fue the Execution of the LarJsavd the next Day after of th
Gool ! and if the Covufee di/cbargts the Body, the whole Execution is difchargcd; Per Windham, a U
96. pi. U - in the Cafe of Linacre v. Rhodes.
5^4- Statutes [Merchant &c]
. Jf fix are bound fa a ©tattltC, and Execution is fucd againit ail
the Rare the Oonufie nmrtaw Capias for the Body; Quod nota. But per Fairfax, he may have Capias
4- 3!f e.rccutfpn be met! upon a statute, anutl;e Land which the
■6
Condor has in Right or Ms W ife is extended, and after, belore the Mo-
Kitch. of nies levied, the Feme dies, t?JC COUtlfee fijaii foHK WetltfOn Lifer a-
H.7.14. Z* H* D P ?" tl JCiuuicc0. 15 D t 7 . 14, i 5t Sanie cafe- 'bp ail flip
on c^ fi Ul '- $gg? ' Dc fljaU ** ewntt w | » m t6e S%e Ioop
cate by the
Mayor of the Staple into Chancery, a //I, 7 was awarded to the Sheriff of S. /, take the Bedi * theC
for, and tofaft bis Lands and tenements, and the Sheriff returned as to th, R»d* \C !a r , f T ,
J. ^tended tie Land, which proved to be the LanS of TeWfe So^tri'^7 ™d't he' '
entered, and upon praying Capm of the Body, all the Jurtices held, That he Kid have it tho' he
hadnotatthefirft, nor before the Lands were diverted; Becaufe the Statute give the Land Goods
a^n^Xo^^^
sire sass^s >«- * sr jfc; SE ™>' *-
5- So If after tije lailH i0 WtCllUell, tljC Conufec is excelled from the
Land by Menace ol Lile &c. bv the Conuior, i)C map haUe f&ttmtitm
asamif his Body. 2 e. 3t 7 , b \ lf aH tijc imiS ^ mutMm
* Sce S ""o • 6 ' *? l, P° n a ^tftttlte Staple, tije Land be extended, and the Land
tute 32 h. s is * evicted, pet after tije £ear0 of tije Crtent tmui \w r^u nnt
Bit* »"&& » tafee hi f odp luitljout a^fmiffie S IlUte
for uiljidj jje tooup (jaunt, in a* uuicij as it appears* tfjat the Years
are ex & ' an5 i a ll P Preltnitption tije Debt icuieo, i S t>. 7. iu
mScST ?* xF "W 3 ® tatUtt SUple ' tIjC Land be extended and Slivered,
Pi .6 cites f?1 N ? n . e J £ " Ve Ti letUrned ,1S t0 ^ ^ ^ and after, before the
S. C. accord- ^ ebc M t" e Eftate in the Land is evifted, $0 DP Deatft Of fhP
in g iy. jf erne of tije Conufor, tsOoTe lata it w, pit &e fljaii not L e any
other Lands Of CCllCttinitlBi bp a MtU) €mi\U * i S D. 7+ x 4 fc
7 Jlj» 7. i2 t u. ^
-"p'rinJed, , f; 3f ^ »«? e " ends Pa^l of the Land Of tije ConiifOt, and
and fhouid de i ,v I er v s Ir to the Conufeem the Name ol all, and he accepts ft fie" fliall
have been 22 not ijaue an? Btv} erecutfon for tije Remnant. 22. e, * 2 L
3"L 14 d c^ 9 ' EUC 0tl)tmi(z { W (t b ^« If De ijaO refufed to accept ir!* zz
there" Hill. C * 4* H>
bu C S \!h C P n 0l J Kht t0 - ,ia !, e o Cf " rC , d 'I 16 L ' Very of Parce '. a "d f ^ve had another Execution of the whole-
^retore now J3 ^ £^ ES^l R£ ^.S^/ttSftl^a.'S
'+ ^ ltth - - 1 »«■ Extcution, pi. i 34. cites S. C. accordingly. ' P tC0 « ln S') ■ ««• i»
E.3.
4 leH ch '°; T h J °P^ion was, That if a Man/*« £x^«« of a Statute Mer-
pray Ex-ecu- cna,c . //y ^ers Coimties, in each Proportionably, viz. 20 1. in one and
tion of the 20 in another County ; yet upon Nibtl returned in one County, he (hall
£«*„«« have Execution of the whole in the other, if he has Alfets there
S2iSJ GreenW " C ° UrtS ^ 6 - Tic " Scatute Merchant/cites ,6 E. 3. Execution^.
tlieUfcffetftf County. Grecnw. of Courts 146, ,4-. Tit. Statute Merchant, cites Execution 3 S
11. A
Statutes [Merchant &c] 565
11. A Man was bound in a Statute Merchant in 10I. Solvend urn Anno
16 E. 3. and alien' d the Land, and Execution was fuedffuppojing the Day of
Payment to be Anno 14 E. 3. and the Alienee was by this at (led, ancl
brought Writ of Error, and it lay well by Award, tictwithjranding he be a
Stranger to the Record, becaufe he is grieved, and no other, and was feifed
of the Land at the Time ot" the Execution profecuted. Pole faid, Now
we never fhall have Execution again : But per Mowbray, Yes, you
ilull ; For the Chancery Hull certify the Tenor of the Record, or
btherwife we will award Execution at another lime upon this Certifi-
cate, which now remains before us; and per Seton if Execution be fued,
and made to the Party, and the Alienee brings Affile, the other may jus-
tify tho' Execution was never returned : But Pole Serjeant Contraband
that it ought to be returned, with whom agreed Mowbray J. becaufe the
Alienee is a Stranger to the Recognizance, Contra of Privies, by him.
Br, Statute Merchant, pi. 21. cites 17 Ail! 24.
12. 11 Execution be made, and not returned, the Party fhall never have Otbertuife it
another Execution; per Pole. Br. Statute Merchant, pi. 21. cites 1 7 ls tlien '$ he
Ail! 24. >" E *«f-
' on, and the
Sheriff dees
net return the Execution, there lie rruy fue another Execution, Contra if the Execution be made, tho' it
be not returned. Br. Stature Merchant, pi. 21. cites 17 Ail". 24.
13. If a Statute Merchant be fued of Parcel of the Lands of the Conu-
for, in'the Name of all his Lands, he fhall never extend on the Reft of
the Lands. Green w. of Courts 147. Tit. Statute Merchant cites Mich.
22 E. 3. Fol. 14
14. If the Conufor or his Heir, after Execution fued, infeoffs the Conttfee or
his Affignec upon Condition, and after re-enters for the Condition broken,
yet the Execution fhall never revive again ; For a Thing which is de-
termined cannot revive again. Br. Audita Querela, pi. 5. cites 46
E. 3. 20.
15. Execution of a Recognizance by Elegit of Lands &c. of Thomas
Camoys, was had by two Merchants ; and afterwards by a former Sta-
tute, the fame Lands were out of the Hands of the laid Merchants de-
livered to the former Conttfee, whereupon the two Merchants delired to
have Execution of other Lands ot the iaid Thomas Camoys, and concedi-
tur. 2 Inft. 679.
16. If Conufor upon Statute Staple be taken, and efcapes, yet his Goods Le 230, isn
and Lands may be extended upon the lame Statute; For the Efcape and P 1, V?' 5U*
the Action which the Plaintijf has againit the Sheriff for the Efcape is !y, l f l c r $ c
no Satisfaction for the Debt. 5 Rep. 86 b. in "BUimfiCftTiS Ctlfe, accordingly,
cites it as adjudged, Hili. 33 Eliz. in C. B. Linacre v. Rodes. But if he '
goes at large;
by Confent of the Conufee, the whole Execution is discharged, and the Conufor fhall have his Land a-
gain immediately. 2 Le. <)6 pi. if. S C Thar in Call- of Execution upon Statute Merchant,
the Execution by the Body is not a full Execution, and therefore, tho' the Sheriff has difcharged the
Body, yet the Conufee may have Execution of Goods aid Lands, but not of the Body. And. 266.
pi. 275. S.C. accordingly. S. P. Greenw. of Courts 145. Tit. Statute Merchant.
17. So if the Conufor be taken, and dies in Execution, the Conufee fhall 2 Le- 9<> ;
have Execution of his Goods and Lands. . 5 Rep. 86. b. in Blumfieid's P '■ \ l V S '
_ r 7 . „ r - , . r>j -\ n
Cafe, cites the Cafe ot Linacre v. Rodes. Anderfon
_ faid, That
if the Conufor dies in Execution, the Conufee fhall have Execution againft his Heir of his Land ; For
the having the Body in Execution is nor any Satisfaction to the Party ; For the Body is but .1 Pledge till
the Money is paid, and there is no Reafon that the Act of the Sheriff fhall difcharge the E.xe-
And Windham to the fame Intent. S. P. Greenw. of Courts 145. tit. Statute Merchant.
18. H. acknowleged a Statute, and died ; and upon an Extendi facias
the Sheriff returned the Conufor dead ; a new Extendi facias ijfited qrainft
the Goods of the deccafed; upon which the Sheriff ret urned^ That tfeW'x-
7 E dow
$66 Statutes [Merchant &c]
dow, who was Admintfiratrix &c. had fold them ; and thereupon another
Extent ijfued agamft the Goods of the zd Husband. Moor 761. pi. 1056.
Trin. 3 Jac. in Chancery, Heyward's Cafe.
•19. An Extent upon a Statute Merchant illued out againft Robfon the
Conufor, and the Sheriff returned, That the Conufor was pofleffed of
diverfeGW/j, and feifed of Lands which he delivered to the Cognizee, and
that the Cognizee accepted of the Land j And becaufe the Sheriff did not
return, T'hat he had not any ether Lands, Goods, or Chattels, it was ad-
judged inefficient, and a new Writ awarded ; But many held, That in
the Cafe of Cognizor, it was well enough, but not in the Cafe of a Pur-
chafor. Brownl. 37. Fletcher v. Robfon.
(S. 2) Intereft. Jf'lmt Inter eft the Com/fee has in the
Land after Extent.
-A :
N Intereft by Extent is a new Species of an Eftate introduced by
Statute Law ; Our Books fay, That it is an Eftate created in
Imitation of a Freehold, & qua// a Freehold ; but no Book can be pro-
duced which lays, That 'tis quafi an Eftate. The Statute of 27 E. 3.
cap. 9. enacts, That he to whom the Debt is due lhall have an Eftate of
Freehold in the Lands : And the Stat, of 13 E. 1. de Mercatortbus fays,
That he lhall have Seiiin ol" all the Lands and Tenements. When a Sta-
tute is extended, it turns the EJlate of the Conufor into a Reverfion ; and
fo are the exprefs Words in Co. r. lnft.250. b. and (6 the Objection,
That he does not hold by Fealty, is anfwered ; and there are no Tenures,
that are to no Purpole ; but he that enters by virtue of a Power to hold
till fatisfied an Arrear of Rent, leaves the whole Eftate in the Owner
of the Land, and not a Reverlion only j Per Ventris J. 2 Vent. 327.
Dighton v. Greenvill.
2. If a Leafe for 7 ears be made, referring Rent, and then the Leffbr
acknowledges a Statute, which is extended, the Conufee after the Extent /ball
have an Action of Debt lor the Rent, and diftrain and avow for the
Rent, (as in Br. tit. Stat. Merch.44. ck Noy, fo. 74) but he that enters
by a Power to hold lor an Arrear of Rent lhall not ; Per Ventris J.
2 Vent. 328. in the Cafe of Dighton v. Greenvill.
3. He in Reverlion may releafe to the Tenant by Extent, which will
drown the Intereft and merge his EJlate according as it is limited in the
Releafe. Co. 1. Inft. 270. b. 273. Tenant by Statute may forfeit by
making a Feoffment. Mo. 603. He is to attorn to the Grant of the Re-
verlion, 1 Roll. 293. And is liable to a J3)uid Juris clamat, 7 H. 4.
19. b. Tenant by Extent may furrender to him in Reverlion, 4 Co. 82.
Corbet's Cafe ; And therefore thefe Cafes are to fhew, That an extended
Intereft makes an Eftate in the Lands as much as any Demife or
Leafe ; Per Ventris J. 2 Vent. 328. in the Cafe of Dighton v. Green-
vill.
He fhould 4. The Conufee of a Statute extended the Lands, and they were deli-
havebrought vered to him upon a Liberate. He a/Jigned his Intereft, but the Conufor
on SS^ B continacd m Poffeffio/t. The Queition was, Whether this Intereft
rate andre-" w '^ 3 alfignable ? The Court held, That it was not alfignable. It was
covered the objected, That before Entry by the Conufee this was like an Interelle
Pofleffion, Termini, or the Intereft ol one that has a Leafe to commence at a fu-
Affi mment ture Day > whice is alhgnable i So here the Conufee has ai before
had^beTv Entry : Sed Per Holt Ch. J. becaufe by the Return of the Extent an Inte-
good. 4 Mod. rejl -juas vejled in the Conufee, and by the Return of the Liberate it muff
be
Statutes [Merchant &c] 567
he intended, tfhat he had the aclual Poffeffioti ; For the Sheriff" returns, 4 s - Mich -
Quod Liberari feci, ib that theEftate of the Conufee is turned into a 5 w ->- H R *
Right which may be granted, but it cannot be affigned ; For the Conu- Wo^ferd
for continuing in Poifefhon makes a Dilfeilin. 2 Salk. 563. Trin. 3 s C. . '
W. 3. Hammond v. Wood. Skin. 500.
pi. 4. Mich.
5 W. £c M B R. Hannam v. Woodford, S.C and held accordingly bv Holt Cli T and £vre T ■
- T *„ -.■,-> T,.;n 1 W * 1W ;„ R V ^^^„..j; — 1.. :_ .1— rv.r- ?r' e' 1 i, J •',. rV
5 Lev. 512. Trin. 3 W. & M. in B. R. accordingly, in the Cafe of Stephens v. Hannam.— S. P. cited
Arg Comb. 249. in the Cafe of Smart v. Williams.
(T) Re-extent ; For 'whom it fhall be wanted*
\and when. J
1. A ^C'C.ltent mag bC gtsU»teO 3d fceH for the Plaintiff as for the Br. Extent
/\ Defendant, tf tljCP COffie at the Day that the Extent is re- **■ P 1 - *■ a
turned. 22 gfc 44+ 3jt feetUgS It $ ttt tijC DifCtCttOlt Of tijC COUtt 4*— Br™
43 SlfT* 1 8 + Statute
Merchant,
pi. 24. cites 22 AtV. 24.
2. 20 e. s* fitj% €miY; is, after tlje €xtt\\t teturnco a Ec If the Land
WCnt Uiag DCmCO Upon Cl ^urmife that the Land was extended at 10 be extended
Marks where it was worth 100 Marks ; Q5Ut t\)Z KCafet tijCte &fijeit Si^S
10 net 0OOO, tfcat $0 to tap, Cijat ije fijail Ijaoe account agamft tjim the p^,
tiiijen Ije Sag recefoeo tlje sa&oncp s jfot tt feeing i)e ourrjjt to teop tlje ^ hecom CS
93cnep according to tlje Crtent, ano not accotomg to toe ttue m* not r mT ' mc
Sue before toe account ltc& £ S' JrL
without Re-
medy unlefs he pays the Money. Br. Extent &c. pi. 5. cites 22 AfT. 44. Br. Statute Merchant,
pi. 24 cites 22 Afl*. 44. Fit^b. tit. Extent, pi. 12. cues 19 E. 5. accordingly.
In Aflife the Tenant pleaded in Bar, That he had the Land extended upon a Statute Staple, and the
Conuibr fued a Re-extent, becaufe the Land was extended too low, and it was granted him ; quod nota.
Br. Extent, pi. 6. cites 45 AfT. 18. But Brooke cites 15 H. 7. That at this Day a Man fhall not
have Re extent, nor other Remedy, but fhall pay the Monies ; But if extended too high, it m3y, at the
Prayer of the Conufee, be delivered to the Extenders by the Statute of Acton Burneil. Br. Extent &c.
pi 6. Ibid, pi 9. cites S. C. and fays, That neither Plaintiff nor Defendant upon a Statute Merchant
or Staple fhall have Re-extent. But the Conufee, if the Land be extended too high, may pray that it
be delivered to the Extenders by the Statute of Acton Burneil ; and as to the Conufor, if he miflikes,
he ought to pay the Money the fooner.- Br. Statute Merchant, pi. 16. cites 15 H. 7. 14. S.C.
3. Nota, It appears by the Preamble of the Aft of 32 H. 8. and by
diverfe Books, That after a full and perleft Execution had by Extent
returned, and of Record, there fhall never be any Re-extent upon any
Eviction ; But if the Extent be insufficient in Law there may go out a
new Extent. Co. Litt. 290. a.
4. The Conufor and the Conufee of a Statute both died. The Executors
of the Conuiee fued Execution in Chancery, upon which Writ the Sheriff
returned the Death of the Conufor, and alio an Inquiiition of the Extent
of the Lands of the Conufor; But in the Inqmjition no certain Eltate was
returned, but generally that the Conufor "xas Jeiied, at the Day of the Recog-
nizance acknowledged, of the Manor of Rrodeley, whereas the Name of the
Manor was Borley, without lhewing what Eltate ; notwithstanding a
Liberate ijjued forth upon this Return, and the Executors accepted of it ac-
cording to the Extent. The Doubt was, If the Executors die before any
Profits received by them of the Land upon that Extent, ;/" their Execu-
tors nuzht have a Re-extent upon that infufficient and uncertain Return ?
* And
08 Statutes [Merchant &c]
And it was the Opinion of the Juftices, (hewn the Ld.Keeper,That they
might, for the firft Extent was void ; For the Return, That he was
feiied, might be taken either of an Eltate for Life or in Tail; in which
Cafe, after the Death of the Conufor, his Land is not extendible; and
therefore of Neceffity, in this Cafe, where the Death of the Conufor
appears in the Return it ought to be found, That he was feifed of
an Eltate in Fee-Simple only. D. 299. a. pi. 31. Pafch. 13 Eliz.
Anon.
5. A Statute Staple was certified into the Chancery of the Exchequer,
and Extendi facias was awarded there, returnable in B. R. and theExtent
was Jikd. Afterwards it was difcovered, that f ever al Lands were omitted,
and therefore a Re-extent was moved for : But it feems it cannot be
becaufe the Extent was filed. Sid. 356. pi. 8. Hill. 19 & 20 Car 2
B.R. Anon.
pi. e 5 (E s:; } ( U ) Re-extent 5 For what Caufes it lies.
S.C. accord- fjtK it 10 llOt HCU^CiCD 30 Olt €%Ul\t Of JUllO, but tt0 a Chattel to
ingly : But tijC Plaintiff in Recompence ot the Debt. JpjlL II IfaC* 1$. BtttteCtt
T^h h c Cmminta ^ BraRdlin - 95JUDBCD*
Appraifment and before the Delivery he had tendered the Money en Pais, or afterwards in Court he
fliould have an Audita Querela. Brovvnl. 3S, 59. S. C.
2. After an Elegit fued upon a Recognizance, and an Extent and Li-
very made, the Conufor came and fhew'd an Acquittance of Part of the
Debt i and as to the Reftdue, that the Extent was not well made, and
pray'd a Re-extent, and a Writ to fummon the Conufee to anfwer to
the Deed : Eut it was not granted j for the Suit is determined, and fo he
mult take out an Original, whereupon the Matter may be tried. Fitzh.
tit. Extent, pi. 16. cites Hill. 13 E. 3.
3. Extendi facias upon a Statute Merchant ijfued, and the Sheriff" did
tiot return the H rit, and the Party made thereof Suggeition ; and there*
fore pray'd Writ to the Coroners, and could not'have it, but only a
Re-extent. Br. Statute Merchant, pi. 34. cites 27 E. 3. & Fitzh. Sug-
geftion 20.
4. If Execution be defeated ly lawful Entry, the Conufee fhall not have
a new Extent. Kitch. of Courts 232. Tic Execution, cites 15 H.
5. It was faid tor Law, That if a Man fues Execution upon a Statute
Merchant or Statute Staple, and Part of the Land is extended in the Name
of all the Laud, which is return'd accordingly, and the Party accepts it,
he {hall never have Extent or Re-extent of the reft. Vide inde or De
Conlimili Lib. Intrac. Placitor. and that upon a Nihil return'd upon a
Te/Iatumejf, he may have Procefs in another County: But otherwife it
feems offuch Return of Goods i for there the Judgment fhall be Quod
habeat Executionem de Terris quoufque fumma levetur. Br. Statute
Merchant, pi. 40. cites 9 H. 8.
6. An Extent was fued upon a Statute Merchant, and the Sheriff />.vf
the Conufee in Pojfeffion of Parcel of a Hottfe and Lands, and let the Conufor
continue in the refi of the Houfe. The Conufee, in order to have full
Poflelfion ot the whole, caufed the Sheriff' that he did not make a Return
ot'
Statutes [Merchant &c] 569
of his Writ ; whereupon it was entered on the Roll, J&uod Vicccomes nihil
inde fecit nee mijit breve ; and then an Alias extendi Facias ijfued to the
new Sheriff ', who return d that a Writ of Extent came to the old Sheriffs
and that he extended the Lands 9 whereiore he could not extend them upon
the new Writ. Manwood (aid that this certainly is an inefficient Re-
turn, becaufe it now appears on Record that no Execution was done ;
but if the Entry had not been, he ihould well agree that the fame is an
Execution for the Party, tho' it be not return'd. 2 Le. 12, 13. pi. 20.
20 Eb'z. in C. B. Collhill v. Haitings.
7. If a later Extent be avoided by an Elder Extent, and afterwards
the Elder Extent is fatisfied, the later Extent ihall have the Land ac-
cording to his ririr. Extent, and this without any Re-extent. See Krovvnl.
39. in Cafe of Corny ns v. Brandling.
(X) [Re-extent] At iphat Time iffhairbe^r^U Sc£{ - r)
1. 1 if tl statute bC extended at too low a Value, tf)C DcfenT&attt
' I tyal! HQt IJifOe n &e=mCitt, ifljC OOC0 not come at the Day that
the Statute is return'd. 22 $ML 44-
2. So toe plaintiff flw'.i not lyaMt a &c*.rtcnt, if tfje LanB be tt Br.statme
tcnoeB too nigh, ifije ooes not come at tijc Keturn of tlje extent* jr^ ;;[;,
22 CiiV» 44* 15 h. 7.14.
S. P. For it
he once agrees to the Extert, he never fhall refnfe it after.— S P. Regift. Brev 146. inaMota there, cites