« ForrigeFortsett »
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.
unliquidated, for tort cannot be recovered on Petition of Right, 56
due from Crown, how recovered,
old practice, 18, 23
formerly not by Petition of Right, 19, 20
reasons for this, 19
but by petition for a liberate, 21. See LIBERATE.
procedure on petition for a liberate, 21, 22
difference between it and Petition of Right, 23
now by Petition of Right, 110-116
due from Colonial Government, how recovered.
DECLARATION OF TITLE,
petition praying for, 76, 78, 80
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
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
of the name "Petition of Right,"
the same as "petition de droit," 25, 26
of the name "petition of right"-continued.
why so called, 24
because of the "right" (droit) which the subject has, ib.
DETENTION OF PROPERTY
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.
appropriate remedies in such cases, "monstrans de droit" or
by patentee or grantee of Crown:
may be proceeded against by action, 105
except where Crown's title is by judicial record, 107
Crown entitled to, 179
by delivering interrogatories, ib.
and obtaining discovery of documents, 180
by third party, ib.
by means of interrogatories, ib.
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.
suppliant entitled to interrogate, 178
when such interrogatories should be delivered, 192
and possibly to discovery of documents, 179, 192
petition in Parliament for, 129
DOCUMENTS, discovery of, 178. See DISCOVERY.
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
the answer to the petition, 1, 8, 10, 165
was the warrant for all subsequent steps, 10
on petitions in parliament:
varied according to subject-matter of petition, 9
examples of, ib.
usually contained a direction to do "right," "justice," &c.,
on petitions touching the Exchequer :
never "soit droit fait aux parties," 11, 21
on Petitions of Right, 11
earliest examples of, 12, 13
the giving by the Crown an act of grace, 25, 165
how given under Petitions of Right Act, 1860..163
either "general" or "special," 166
the effect of each, ib.
petition must be sued in accordance with terms of, 167
praying for plea by Crown, 167
for service on third party, 171
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.
an account, damages and injunction, 147, 150, 151
declaration of title, 148, 151
relief against forfeiture, 149
restoration of specific property, 153
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.
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
none against the Crown, 186
against suppliant for costs, 185
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
in Court of Chancery, 193
of indorsement for service on third party, b. 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
petition formerly confined to recovery of, 70
that being the only interest of sufficient consequence, 112
can be recovered upon Petition of Right, 71
in different counties cannot be included in same petition, 72
definition of, 76
partakes of nature of realty, ib.
recoverable on Petition of Right, 76, 77, 78, 149
petitions for recovery of, 211, 212
Petition of Right Act in, 216
GRANTEE OF CROWN,
formerly by "scire facias” or “action,” 28, 171-2
Petition of Right Act in, 217
his opinion in the Bankers' Case, 114
Petition of Right Act in, 218
can be recovered upon Petition of Right, 70, 72. See RESTITUTION OF
INJUNCTION against Crown,
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.
petition praying for, 78, 148, 162
to try the suppliant's title, 11
INTERROGATORIES. See DISCOVERY.
INTEREST on money of which restitution has been obtained cannot be
because no statute or contract, ib.