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Petition of Right Act in, 213
instance of an Irish claim the subject of a petition of right in
Petition of Right Act in, 219
may sue by petition of right, 40
of realty may sue by petition, 40
or each may sue separately for his share, ib.
in default of pleading, 182
application for, how to be made, ib.
may be set aside on terms, ib.
form of judgment upon petition of right, 182–3
effect of judgment upon petition of right, ib.
on petition for restitution equals "amoveas manus,” 183
of the judgment of “amoveas manus," ib. See “AMOVEAS MANUS.”
how petitions intituled since, 158
of High Court of Justice in petitions
for lands in a colony, none, 42, 48
where Colonial statute provides means for their recovery, 43
where no such statute exists, 45
reasons for this, 47, 48
on contracts with Colonial Governments, 44
not where Colonial statute provides remedy, ib.
quære where it does not, 49
can Crown waive right of pleading to, ib.
of Colonial Courts not transferred to High Court by Petitions of Right
petitions to, 6
cannot be imputed to the Crown, 60
in England recoverable on petition of right, 70
instances and circumstances under which recoverable, 71, 72
petitions in Parliament touching equitable matters referred to, 9
formerly petition of right delivered to, after fiat, 10, 13
his jurisdiction over certain petitions, 14
can change the Court in which petition is intituled, 169
can change the venue named in the petition, 169
will not lie to procure endorsement, 165
Petition of Right Act in, 221
Qui facit per alium facit per se, 55
The king can do no wrong, 56, 58
The king never dies, 33
Actio personalis moritur cum persona, 31
Respondeat superior, 60
Contra non valentem agere non currit præscriptio, 38
Rex nihil aliud potest, quam quod de jure potest, 57
of property recovered by petition of right,
at Common Law subject not entitled to, 81, 84
by Articuli super Chartas, ib.
and Statute of Lincoln, ib.
of property recovered by petition of right—continued.
Lord Somers' opinion thereof, 83-85
effect of these statutes,
money paid into the Exchequer cannot be restored, 82,
but money received by Crown receivers but not paid in,
can, 82, 84, 85
modern doctrine on this point, 85
a recent decision upon the point, 86
comment thereon, ib.
recovery of, upon petition of right, 93
prayer for form of, 80
can be recovered from Crown on petition of right, 90-96
money paid to Crown under mistake can. See RESTITUTION.
but not money paid by third person to Crown for benefit of subject, 97
(1) as compensation to British subjects, 97-98
(2) or to pay debts due to British subjects, 99-101
cannot be recovered, ib.
prize money or booty cannot be recovered upon petition, 102-103
MONSTRANS DE DROIT,
origin and use of, 106
an alternative to petition of right, ib.
that petition may be taken as confessed, 181
petition will not lie for, 54, 116. See TORT.
Petition of Right Act in, 223
NEW SOUTH WALES,
Petition of Right Act in, 226
Petition of Right Act in, 235
judgment of, 183
suppliant may be nonsuited, 181
quære whether such nonsuit is peremptory, ib.
OBJECTIONS IN LAW whether Crown should take or demur, 178
hold office at will of the sovereign, 150
Court cannot on petition of right investigate grounds of dismissal, ib.
ORDER OF COURT OF CHANCERY,
as to procedure on petition of right in Chancery, 191
of Crown can be brought in as third party, 171
PAY OF OFFICER IN THE ARMY, petition of right does not lie for,
the right of approaching the Crown by,
to what it owes its origin, 4-5
PETITIONS IN PARLIAMENT,
originally very numerous, 7
reasons for this, ib.
their contents and nature, 7
some petitions of grace, 7, 51, 127
others petitions of right, 7, 127
illustrations, 7-13, 127-129
how dealt with originally by Parliament, 7, 11
such reference being by endorsement, 10
reasons for this course, 8
PETITIONS IN PARLIAMENT-continued.
how dealt with originally by Parliament-continued.
(1) ordinary legal tribunal, 9
(2) or applied by special commission, 10
mode of issue of special commission, ib.
where the petition touched the revenue, 11
meaning of this endorsement, 11
the right of petitioning abused, 14
this abuse remedied by 8 Ed. I. and 12 Ed. I., 15
transfer of petitions in parliament under these statutes to ordinary
division of remaining petitions into, ib.
bills of (1) parliament, 16
(2) council, 17
(3) grace, ib.
how these various classes were ultimately dealt with, 18
cannot be considered as "decisions" upon the law of petitions of
right, 65, 113, 130
of what they consist, 126-127
PETITION OF RIGHT,
definition of, 1, 69
origin of, ib.
either by Statute of Ed. I., 2
or at common law, ib.
authorities discussed, 3-5
history and development of uses of, 6-23
was originally presented in parliament, 6, 7
its relation to other parliamentary petitions, ib.
old common law procedure thereon, 11
referred to commissioners for investigation, ib.
commissioners finding returned into Chancery, ib.
two illustrations, 12
survival of old common law procedure upon petition of right, 13
other parliamentary petitions transferred, ib.
(3) or council, 17
but "petitions of right" not transferred, 18
new procedure under Petitions of Right Act, 1860, ib.
original uses of,
to obtain restitution of property, 19
but not recovery of debts, ib.