CROWN-continued. not in tort, 53, 61. See TORT. but for restitution of property, 68-107. See RESTITUTION. in equity. See EQUITY. “individual" and "generic" existence, 33 where present for purposes of colonial claims, 46 decrees in rem against, 46, 47 decrees in personam against, ib. cannot be guilty of laches, 60 DAMAGES, unliquidated, for tort cannot be recovered on Petition of Right, 56 DEBTS, due from Crown, how recovered, old practice, 18, 23 formerly not by Petition of Right, 19, 20 but by petition for a liberate, 21. See LIBERATE. difference between it and Petition of Right, 23 new practice, now by Petition of Right, 110-116 due from Colonial Government, how recovered. See APPENDIX B. DECLARATION OF TITLE, petition praying for, 76, 78, 80 DECREE, whether Court can make, against the Crown, 47, 142 appears to be contemplated under Petitions of Right Act, 1860..181 and to have been made in recent cases, 79 methods of enforcing, 142 whether applicable where Crown concerned, 143 DEMURRER, by Crown to Petition of Right: under Bovill's Act, 173 precedent of, to petition in contract, 111 precedent of, to petition in tort, 58 time allowed for, 169 may be extended by Court or judge, ib. whether abolished by Supreme Court Rules of 1883..178 by subject to plea of Crown, 175 by third party to petition, 173, 174 DERIVATION, of the name "Petition of Right," the same as "petition de droit," 25, 26 DERIVATION-continued. of the name "petition of right"-continued. because of the "right” (droit) which the subject has, ib. DETENTION OF PROPERTY by Crown: either wrongful ab initio (à tort), 104 for the recovery of which petition lies, ib. or under colour of right (à droit), ib. for which no petition until shewn to be wrongful, ib. by patentee or grantee of Crown: may be proceeded against by action, 105 except where Crown's title is by judicial record, 107 DISCOVERY, against suppliant: Crown entitled to, 179 by delivering interrogatories, ib. and obtaining discovery of documents, 180 by third party, ib. by means of interrogatories, ib. against Crown: suppliant can neither interrogate, 179 nor obtain discovery of documents from, 178-179 reasons therefor, 179 possibly third party entitled to, in nature of writ of search, ib. against third party: suppliant entitled to interrogate, 178 when such interrogatories should be delivered, 192 and possibly to discovery of documents, 179, 192 DISTRESS, WRONGFUL, petition in Parliament for, 129 DOCUMENTS, discovery of, 178. See DISCOVERY. DOWER, petition for recovery of, 13 DROIT, PETITION DE. See PETITION OF RIGHT. DUCHY OF CORNWALL, suit by petition by lessee of lands in, against the Crown, 143 ENDORSEMENT, the answer to the petition, 1, 8, 10, 165 was the warrant for all subsequent steps, 10 ENDORSEMENT-continued. on petitions in parliament: varied according to subject-matter of petition, 9 examples of, ib. usually contained a direction to do "right," "justice," &c., 10 meaning of this direction, ib. on petitions touching the Exchequer : never "soit droit fait aux parties," 11, 21 on Petitions of Right, 11 EQUITY, petitions of right in, the absence of authorities for thus proceeding, 141 the early applications to Chancery not being suits in equity, 142 origin of equitable jurisdiction of the Court of Chancery herein, in petitions for leave to sue the Attorney-General, 144 Clayton v. Attorney-General, ib. Taylor v. Attorney-General, 145 quære, whether these are petitions of right, 146 opinion of Wickens, V.C., thereon, 147 petitions herein under Bovill's Act, ib. particular claims in equity, an account, damages and injunction, 147, 150, 151 declaration of title, 148, 151 relief against forfeiture, 149 restoration of specific property, 153 superannuation allowance, 151 an order to convey, 149 EVIDENCE, laws and statutes in force as to, applicable to Petition of Right, 175 except where inconsistent with Crown's prerogative, ib. as to production of documents and interrogatories. See DISCOVERY. EXCAMBIUM, what it was, 117, 119 of what it consisted, ib. EXCHEQUER, COURT OF, one of the earliest State departments, 7 petitions in parliament relating to revenue referred to, 9 EXECUTION. none against the Crown, 186 against suppliant for costs, 185 EXTRAS, petition for payment on account of, 138-148 FEES, payable by suppliant: none for presentation of petition, 163 on marking a petition of right for service on Treasury Solicitor, 168 on filing a petition of right, 168 in Court of Chancery, 193 FIAT. See ENDORSEMENT. FILING the petition, 168 in the Writ Appearance, &c., Department, ib. when it should take place, ib. FOREST OF DEAN. See GALE. FORFEITURE, relief against, petition praying for, 78 FORMS of petition, 195-6 of prayer of petition, 196 of indorsement for answer, 196 of indorsement for service on third party, ib. 197 of præcipe for appearance of third party, 197 of summons for extension of time, ib. of notice of motion that petition may be taken pro confesso, 198 of answer or plea by Crown, ib. of judgment in Queen's Bench Division, 199 of judgment in Chancery Division, ib. of certificate of tenor of judgment, 200 FREEHOLDS, petition formerly confined to recovery of, 70 that being the only interest of sufficient consequence, 112 FREEHOLDS-continued. can be recovered upon Petition of Right, 71 in different counties cannot be included in same petition, 72 can be recovered upon Petition of Right, 70, 72. See RESTITUTION OF INDIA, land in, not recoverable by petition in England, 43 debts due from Government of, not recoverable by petition in Eng- INFRINGEMENT OF LETTERS PATENT. See TORT. INJUNCTION against Crown, petition praying for, 78, 148, 162 INQUISITION to try the suppliant's title, 11 INTERROGATORIES. See DISCOVERY. INTEREST on money of which restitution has been obtained cannot be recovered by subject upon petition, 97 because no statute or contract, ib. |