APPENDIX TO CHRONICLE. 



305 



Court of Exchequer, July 3. — 

 Rex V. Hall. — This was a motion 

 to set aside an extent in aid wliich 

 had been obtained by Messrs. Old- 

 acre and Co. of \\'orccster, who, 

 as sub-distributors of stamps, had 

 given a bond to account for stamj)s 

 in their possession when called 

 upon. It was sworn in support 

 of the motion, that it Avas believ- 

 ed that Oldacre and Co. had giren 

 this bond for the very purpose of 

 obtaining extents in aid against 

 their debtors. 



The Solicitor-General said, that 

 he attended on the part of the 

 crown, notice having been given 

 to the solicitor of stamps. This 

 extent in aid had issued without 

 the knowledge of the ci'own offi- 

 cers, and he therefoic should not 

 interfere between the parties in- 

 teiested. He would only state, 

 that he w;is informed that this 

 bond had never been required on 

 the part of the head distributor of 

 stamps, but had been ^ olunteored 

 by Messrs. Oldacre and Co. : and 

 he thought such bonds should be 

 given under the sanction of some 

 crown otTicer, and, when given, 

 deposited with those v, ho were to 

 make use of them if necessary. 

 This bond had not been so depo- 

 sited. He left it to the Court, 

 and retired. 



Mr. Dauncey, in support of the 

 extent, said he would not deny 

 that this extent was issued, not 

 for the benefit cf the crown, l)ut 

 of the individual. This is, said 

 he, notoriousl}' the case in almost 

 CVC17 instance of extents in aid. 

 No one in tins court will deny it 

 for a moment. In another place, 

 this ha.s been the feubjcct of much 

 animadversion. It is said this is 

 a great abuse 5 a!:d cue might 



Vol. LV'II. 



fancy, according to w^hat is said 

 on this subject elsewhere, that it 

 is highly immoral for an active 

 creditor to gain a preference be- 

 fore other creditors. The law al- 

 low s this. Any man may gain a 

 preference by suing a Jieri facias, 

 A crown debtor can do no more 

 than others, only he can do it 

 quicker : and it is reasonable, for 

 he is liable to be called on by the 

 crown, on a sudden; and he ought 

 therefore to have a speedy proces-s 

 against his debtor. If the legis- 

 lature thought proper to take 

 away this right, he should have 

 no objection ; but while the law 

 remained unchanged, the court 

 would continue to do what it had 

 ever done. 



Serjeant Copley endeavoured 

 to show, from the form of the 

 bond, that the crown creditor had 

 no light, because he wis bound 

 not to pay money due, but to ac- 

 count, and he had never been 

 called on to account 3 but the 

 court held that, being a bond- 

 debtor, he possessed the right of 

 other bond-debtors. The rule 

 was discharged. 



In another case of extent w liich 

 had been decided the same morn- 

 ing, the court held that it is not 

 necessary for a party applj ing for 

 an extent to swear to what amount 

 he is indebted to the crown, in 

 order that the court may see that 

 t!ie debt to the crown is equal to 

 the sum for which the extent in 

 aid issues. 



MiSCELLANEOLS, CriMINAJL. 



Court of Exchequer, Saturdatj, 

 I'cb. 17. — Simiggling on board In- 

 dia Ships. — The King v. CresutU. — 

 infonuatiun against 



This was an 



Mr, 



