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PETITION OF RIGHT-continued.
is a petition of grace, 16, 24
why so called, 24

Staunford's derivation discussed, 24, 25
the true derivation suggested, 25

to whom it lies, 27-31. See RESPONDENT.
who may sue by, 35-41. See SUPPLIANT.
is the right of suit assignable, 40-41
where the petition should be sued, 42-49

2

for property and claims, &c., within English jurisdiction in
England, 42

for property and claims, &c., outside English jurisdiction. See
COLONY.

for what it will not lie :

acts not amounting to legal injuries, 50, 52

torts, 53, 60. See TORT.

money received by Crown to use of subject, 97. See MONEY.
interest on money recovered, 96

where judgment cannot be enforced, 112

for what it will lie:

restitution of property, 68-97. See RESTITUTION.

damages for breach of contract, 108-140. See CONTRACT.

for equitable claims, 141-153. See EQUITY.

statutory claims, 154. See ADMIRALTY AND COLONIAL STOCK.
mesne profits, 81. See MESNE PROFITS.

the authorities discussed and classified, 65

form of, 158, 169, 195

how intituled, 158

signing of, ib.

contents of, ib.

must state venue, ib. See VENUE.

precedents of, 110, 111, 195

rules to be observed in drawing, 160

technical language unnecessary, ib.
all Crown's titles must be stated, ib.
allegation that suppliant a subject, ib.

prayer of. See PRAYER.

presentation of, 163. See SECRETARY OF STATE FOR HOME DEPART-

MENT.

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PETITION OF GRACE,

definition of, 16

were presented in parliament, 127

sometimes mistaken for petitions of right, 51, 127

PETITION for leave to sue Attorney-General, 143, 145

"PETITIONS OF RIGHT ACT, 1860" (23 & 24 Vict. c. 34),

usually known as Bovill's Act, 18

procedure under an alternative to the common law practice, 18, 195
applicable to a suit for damages, 111

nature and scope of, 157

does not alter liability of Crown, 157, 176, 181

procedure under. See PROCEDURE.

PLEADING,

by subject,

quare whether rules of, applicable to petition, 160

certain rules to be observed in drawing the petition, 160, 163

by Crown

given by "Petitions of Right Act, 1860," 173

in the name of the Attorney-General, 174

prerogatives of, not altered by "Petitions of Right Act," 174,

176, 177

may plead double, 177

not governed by statutes relating to, ib.

may traverse generally, ib.

form of plea, 198

by third party

what defences available, 171

default of

by Crown or third party, 181

suppliant may apply for petition to be taken as confessed, 182
judgment of the Court on such application, ib.

POINTS OF LAW, whether Crown should raise or demur, 178
POSSESSION, PLEA OF, quære pleadable by third party, 175
POST-OFFICE not liable for tolls, 94, 95

PRAYER OF PETITION OF RIGHT,

of suppliant

defines the relief to which the suppliant claims to be entitled,
1, 160

may be, and formerly usually was, "general," 25, 160, 161

form of "general" prayer, ib.

but can be, and usually now is, "special," 160

instances of various forms of, 161-162

declaration of title, 77

relief against forfeiture, 78

direction for conveyance, 80

for inquiries for next-of-kin, 80, 162

for answer by Crown,

indorsed on petition, 167

PREROGATIVES OF CROWN,

to be sued by petition of right, one of the, 27

with respect to venue, 158, 169

may sue in what Court he pleases, 169

not altered by Petitions of Right Act, 176

in matters of pleading, 177

PRESCRIPTION, does time run against the Crown, 38

PRINCE

cannot be sued by petition of right, 27

PRIZE COURT,

claims cognizable by, now tried by petition of right, 158

PRIZE MONEY,

petition of right will not lie for, 102-103

PROBATE DUTY,

petition will lie for return of, 91, 162

PROBATE, DIVORCE AND ADMIRALTY DIVISION,
petitions of right may be intituled in, 154, 158

PROCEDURE:

upon petition of right,

at common law,

identical with that on parliamentary petitions, 7
nature of, 8-11

addressed to king or king and council, 6
answered by the king personally, 11

form of answer, 10, 11. See ENDORSEMENT.
then handed to the Chancellor, 10

issue of commission to try suppliant's title, 11
return of finding into Chancery, ib.
plea thereto by Crown, 11

by statute 23 & 24 Vict. c. 34:

in what Courts can be entitled, 157

form of petition, 157, 195. See PETITION OF RIGHT.
presentation of petition, 163

See SECRETARY OF STATE HOME DEPARTMENT.
endorsement of petition, 163. See ENDORSEMENT.
service on Treasury Solicitor, 167

endorsement thereon for answer, ib.

form of such endorsement, 196

plea or answer of Crown, 169, 173. See PLEADING.
service on third party if any, 171

endorsement thereon, ib.

plea or answer of third party, 173, 175

extension of time, 169, 197

venue, 170. See VENUE.

discovery, 179. See DISCOVERY.

rules of practice, 175–181

S

PROCEDURE-continued.

by statute 23 & 24 Vict. c. 34-continued.
judgment, 181. See JUDGMENT.
by default, ib.

after hearing, 182

effect of judgment, 183. See AMOVEAS MANUS.
costs, 185, 186

certificate of judgment, 187

satisfaction of judgment, 191

PUBLIC AND PRIVATE MATTERS,

definition of, 189

QUANTUM MERUIT,

petition on, by Canadian barrister for fees, 138

QUARE IMPEDIT,

petition in nature of, for advowson, 74, 142

QUEEN CONSORT

cannot be sued by petition of right, 27

authorities therefor, 28

QUEEN'S BENCH DIVISION,

petitions of right may be intituled in, 158

QUIET ENJOYMENT,

petition in Canada for breach of covenant for, 138

RELIEF,

definition of, obtainable by petition of right, 163, 194
RENT-CHARGE,

recoverable by petition, 73, 141

allegations which petition should contain, 73

REQUESTS,

origin of Court of, 7

RESPONDENT,

to petition of right, 1
who may be, 27-34

the king or queen, 27
but not a consort, ib.

or a prince, ib. See THIRD PARTY.

can a subject be joined with the Crown, 28-31

at Common Law:

subject cannot be joined, 29

because cannot be joint tenant, ib.

and has no prerogative to be so sued, ib.
this doctrine recently affirmed, 30
consequences of this doctrine avoided, ib.
by suing Attorney-General

under the statute (22 & 24 Vict. c. 34):

subject cannot be joined, 30

but brought in as third party, 30, 31

RESTITUTION OF PROPERTY,
petition of right lies for, 66, 68

and was the original use of petition of right, 19, 63
authorities supporting this statement, 69-70

text-book writers, 69

decisions, 70

of what species of property restitution can be had:

both private property and property held jure coronæ, 188, 189
real property, ib.

early instances of, 12, 13

corporeal hereditaments, 70, 71, 72
incorporeal hereditaments, 73

rent charges, ib.

corodies, ib.

advowsons, 73, 74

seignories, 75

gales, 75, 76, 77, 78

the general rule given by Staunford, 71

formerly only lands in one county could be included in same
petition, 72

personal property, 69, 79

early instances of, 12

chattel interests in land, 79

term under statute merchant, ib.

leaseholds, ib.

pure chattels, 87, 88

and possibly their value of lost, 69, 89

money, 70

paid to Crown under mistake, 90, 91, 92
mesne profits, 93

salary, ib.

tolls, 94, 95. See MONEY.

mesne profits. See MESNE PROFITS.

interest. Sed INTEREST.

form of prayer in petition for, 161-162

ROLLS OF PARLIAMENT,

the records of the business of the House, 6

petitions recorded thereon, 7. See PETITIONS IN PARLIAMENT.

and the answer thereto, ib.

but not the ultimate decision, 65

precedents for modern practice not drawn from, ib.

RULES OF PROCEDURE,

power of judges to draw, 191, 192

RULES OF SUPREME COURT,

applicable to petition of right, 175

except where inconsistent with the Crown's prerogative, 176

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