existing statutes, rules, &c., as to, applicable to petitions of right, 176 AMERICA, Court of claims, in, 61 is the Court which entertains claims against Government, ib. no claim in tort can be so entertained, ib. AMOVEAS MANUS, judgment of. definition of, 183, 184 form of, ib. where given formerly, ib., 185 effect of, 48, 185 whether any other can be pronounced on petition of right, 184 but judgment given thereunder sometimes has the effect of, 184 ANSWER to petition of right. See ENDORSEMENT. APPEAL, existing statutes, rules, &c., as to, applicable to petition of right, 176 Crown does not enter but pleads, 169 by third party, 171 form of, 197 ARBITRATION, existing statutes, rules, &c., as to, applicable to petitions of right, 176 ASSIGNMENT of suit by petition of right. by operation of law, 40 death of suppliant, 41. See ABATEMENT. bankruptcy of suppliant, 41 by act of parties, no authority for, 40 ATTORNEY of suppliant, petition may be presented by, 158 if so preserted should state name and address of, ib. ATTORNEY-GENERAL, former practice of suing in lieu of petition of right, 29, 143 right to a trial at bar, 170 AYNESHAM'S CASE stated, 126 considered by Lord Somers a petition of right, 123 BANKERS' CASE, THE, the facts of, stated, 113 was not a case of petition of right, 120 but of petition to the Barons of the Exchequer, 114 precedent upon which it proceeded, ib. Lord Somers' argument in, 115, 120 that debts from Crown can only be recovered by petition to per- son of king, 121 such petition not necessarily petition of right, 122 but has been interpreted to mean so, 123 is the argument so interpreted correct? it is not supported by precedent, ib. and proceeds under a misapprehension of petitions in Parlia- summarized, 130 BANKRUPTCY OF SUPPLIANT. See ASSIGNMENT. BAR, TRIAL AT, Crown's right to, 159, 170 Crown may waive right to and choose venue, ib. BOOTY OF WAR, petition will not lie for, 102-103, 153 "BOVILL'S" ACT. See PETITIONS OF RIGHT ACT, 1860. BRITISH COLUMBIA, Petition of Right Act in, 214 BRITISH HONDURAS, Petition of Right Act in, 215 BROKE, J., his opinion that no writ ever ran against the king, 4 CANADA. the right of Canadian subjects to sue by Petition of Right considered, 36-39 before the Canadian Petition of Right Act, 38 R CANADA-continued. what law governed by, 38 land in, not recoverable by Petition of Right sued in England, 45 Re Holmes, 46, 47 Courts of, will not entertain Petitions of Right for torts, 59 but contra of petitions in contract, 136, 137 the Canada Petition of Right Act, 216 CERTIFICATE of tenor and purport of the judgment, 187 if suppliant successful to be made by judge, ib. mode of and time for applying for, ib. when obtained to be sent to Treasury or Treasurer of Household, ib. CHANCELLOR. See LORD CHANCELLOR. CHANCERY, office of the, different from the Court of Equity, 142 the office of the Chancellor, 10 out of which all original writs, &c., issued, 142 petitions touching the, to be set in one place, 15 travelled with the king, 10 commission to try the suppliant's title issued therefrom, 10, 22, 33 finding thereon returned into, 11, 159 applications to, in aid of common law right, 141 the Court of Equity. See EQUITY. CHANCERY DIVISION, Petition of Right may be intituled in, 158 has subject living in, right of suing by petition, 35-39 or possesses statutory right, 36 but not otherwise, 39 this question raised in Canada, 36 in what place a subject living in should sue his petition, 42 in England, ib. for property and claims outside English jurisdiction, in place where property, &c., situate, 43, 47, 49 if any enabling statute, 42 where none, 45-49 COLONY-continued. land in, cannot be recovered by petition sued in England, 43, 45 See APPENDIX B. is Queen present in, for purposes of petition of right, 46 stock, forming part of public debt of, how recoverable in England, 35, when the English common law applicable to, 36 COLUMBIA. See BRITISH COLUMBIA. COMMISSION to try the suppliant's title, 11 issued from the Chancery, 10 warrant therefor the endorsement on the petition, 10 finding thereon returned to Chancery, 11, 12 of whom composed, 8 none necessary under Petitions of Right Act, 174 CONFESSO, PRO, petition may be taken as, 182 forms of motion for, 198 CONTRACT WITH CROWN, Petition of Right lies for damages for breach of, 108-140 no precedents for, previous to Thomas v. Reg., 112 either on the rolls of Parliament, 123 the cases hitherto considered so being petitions for "libe- or in the old abridgments, 22 Lord Somers' opinion, 115 certain dicta relating to, stated and explained, Comyns' opinion, 115, 131 Buller, J.'s, dictum in Macbeth v. Haldemund, 115, 131, 132 liability of Crown not by virtue of any statute but at common law, 111 this rule laid down in Thomas v. Reg., 116 grounds upon which this decision was based, ib. these grounds examined, 117 (1) petitions for recompense in value, 117-120 (2) petitions for chattels, 120 (3) the Bankers' Case, 120-130. See BANKERS' CASE. CONTRACT WITH CROWN-continued. the rule in Thomas v. Reg. has been since adopted, 135-138 by the Court of Appeal, 135 by the Privy Council, 136 by the Canadian Courts, 138 precedent of petition for, 110 applies to contracts made by Crown for supply of public service, 188 of unsuccessful petition recoverable by Crown and third party, and execution can be issued therefor, ib. such costs to be paid to Exchequer, 186 or to Treasurer of Her Majesty's Household, ib. or third party, ib. security for, 175, 181 COUNTY COURT, Admiralty, jurisdiction of, COURT OR JUDGE, definition of, 169 CROWN, may be sued by petition, 1 no right of action against, ib. See ACTION. |