the fame eftreats are only contained, and expressed all such fines as have been paid into the court from which the fame eftreats were made, without any wilful or fraudulent difcharge, omiffion, mifnomer, or defect whatsoever.

cefs thereon

The eftreat roll is then fent into the Lord of the proTreasurer Remembrancer's Office, entered there, and taken from thence to the deputy clerk of foreign eftreats of the court of Exchequer, who in due course fends to the sheriff of every bailiwick a writ of fummons, containing, amongst other particulars, the particulars of the recognizances forfeited by all perfons in his bailiwick, and which directs him to be before the Barons of the Exchequer at Westminfter, on the Hilary fummons, in one month after Eafter then next; and on the Trinity fummons,. on the morrow of St. Martins then next; and to have there with him all the debts therein written together with the fummons itself. Upon this the theriff levies the amount on the party's goods; but if that cannot be done by him, he returns a nihil, and if the party has left the fheriff's bailiwick, and the fheriff's officer can afcertain his then place of refidence, the fheriff alfo returns the famé,

Of the relief therefrom.

in order that the next process may be issued accordingly, and the debt is included in the process that thereupon iffues from the Lord Treasurer Remembrancer's Office, which is called the ftrong writ, namely, a writ of fieri facias capias and extent; upon this the fheriff feizes the goods of the party, and extends his lands, and if that does not produce the money, he alfo takes the body of the party into custody for that purpose, and from which he cannot get released by the theriff, but by payment of the money,

But the court of Exchequer have a writ of privy feal impowering them to mitigate; and alfo a difcretionary power to relieve the party therefrom, altogether by difcharging the recognizance which they will do, when there are any equitable circumstances in the cafe. And by the act of George the First, for the more eafy discharge of recognizances eftreated into the court of Exchequer, after reciting that many recognizances had been eftreated against perfons for not appearing as parties or witnesses in the fuperior courts, or at the affizes and general quarter feffions, &c. for not profecuting indictments there, or otherwife not perform

'4 George 1. c. 10.

ing

ing the conditions in fuch recognizances contained, that many of fuch neglects of duty had happened by the inattention of ignorant people, fome of whom were imprisoned, and others liable to be fo by the process constantly out of the court of Exchequer, though no other profecution be fubfifting, but merely for fuch forfeitures of their recognizances, for which there were then no easy means for perfons especially, to procure any discharge. It is therefore provided that the barons of the Exchequer, upon affidavit and petition to be prefented to them, by or in behalf of the perfon imprisoned or liable to be fo, on the forfeiture any fuch recognizances, to difcharge fuch person without any quietus to be fued out for that purpose.

of

poor

Of the ap

plication for

In order to get fuch difcharge, or other relief, the party's folicitor applies at the office of that purpofe the clerk of the Foreign Eftreats, Exchequer offices, Somerset Place, for a conftat, which is nearly a tranfcript of the eftreated recognizance, wrote on a piece of parchment, and figned by the deputy clerk of the eftreats. This is then taken to the office from whence the recognizance was eftreated, and the officer

there gives a fort of certificate, generally on the back of the conftat, directed to the Lord Chief Baron, and the rest of the Barons of the court, ftating the fubftance of the recognizance and for what caufe it was eftreated; an affidavit of the circumftances in behalf of the party applying, is then made, and these the folicitor gives to counfel, with inftructions to move to discharge the recognizance thereon, except in the cafe of a pauper, under the act of parliament, which is confidered by the of ficers of the Court as only extending to paupers, and then the application is made by petition to the court, which is read by the Deputy Remembrancer, when the Barons exercise their difcretion, and order it or not as they fee fit; but where it appears that the party was not intentionally to blame, they generally order the recognizance to to be discharged, &c. when the order is drawn. up at the Lord Treasurer Remembrancer's Office, and a copy is ferved upon the Deputy Clerk of the Eftreats; and if the theriff has levied the money on the party's effects or taken him into cuftody, he will return the money in the former cafe, deducting fuch fees only as he is allowed by the act of parliament for re

gulating

gulating the office of fheriff and afcertaining their fees and fet the party at liberty in the latter, on the production of a writ of libera e perfona, which iffues from the Lord Treafurer Remembrancer's Office thereon; but in order to the party's compleat discharge, there fhould be obtained a quietus, which is made out on the order at the Pipe Office, Somerset Place.