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existing statutes, rules, &c., as to, applicable to petitions of right, 176
except where inconsistent with the prerogative, ib.

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
not given under Petitions of Right Act, 182

but judgment given thereunder sometimes has the effect of, 184
whether given on a petition for recompense in value, 113, 117–
120

ANSWER to petition of right. See ENDORSEMENT.

APPEAL,

existing statutes, rules, &c., as to, applicable to petition of right, 176
APPEARANCE,

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
ARMY. See OFFICERS AND PAY.

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
reasons for so doing, ib.

right to a trial at bar, 170

AYNESHAM'S CASE

stated, 126

considered by Lord Somers a petition of right, 123
but more probably a petition for a liberate, 125

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-
ment, 126

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
since the Canadian Petition of Right Act, 37

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.
form of, 200

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

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has subject living in, right of suing by petition, 35-39
where colony governed by common law, 35

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
for property and claims, &c., within English jurisdiction, ib.

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
contract with Crown made in, where to be sued upon, 42, 49
debts due from colonial governments, how recoverable.

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,
154

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
form of endorsement, 11

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
history of the question, 109

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-
rates," 123-126

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
Lord Denman's in the Baron de Bode's Case, 116, 132, 133
judgments in Tobin v. Reg. and Feather v. Reg., 116, 133, 134
more recent cases in which such claims had been entertained, 109
state of the law previous to Thomas v. Reg., 108

liability of Crown not by virtue of any statute but at common law, 111
and extends to breaches of contract resulting in unliquidated damages,
110, 116

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
and to contracts made by Crown in its private capacity, ib.

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of unsuccessful petition recoverable by Crown and third party,
185

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,
does not include Petitions of Right, 158

COURT OR JUDGE,

definition of, 169

CROWN,

may be sued by petition, 1

no right of action against, ib. See ACTION.
acts of grace and favour, how asked from, 2
debts due from, how recovered. See DEBTS.
prescription against. See PRESCRIPTION.
liability of, on petition of right defined, 52

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