PETITION OF RIGHT-continued. is a petition of grace, 16, 24 Staunford's derivation discussed, 24, 25 where the petition should be sued, 42-49 for property and claims, &c., within English jurisdiction in for what it will not lie: for property and claims, &c., outside English jurisdiction. See acts not amounting to legal injuries, 50, 52 torts, 53, 60. See TORT. for what it will lie: money received by Crown to use of subject, 97. See MONEY. where judgment cannot be enforced, 112 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 contents of, ib. must state venue, ib. See VENUE. rules to be observed in drawing, 160 technical language unnecessary, ib. presentation of, 163. See SECRETARY OF STATE FOR HOME DEPART- MENT. filing of, 168. See FILING. endorsement of, 164. See ENDORSEMENT. service on Treasury solicitor, 167 service on third parties, 171 how answered, 173 procedure upon, 175. See PROCEDURE. abatement of. See ABATEMENT. PETITION OF GRACE, were presented in parliament, 127 sometimes mistaken for petitions of right, 51, 127 “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 nature and scope of, 157 does not alter liability of Crown, 157, 176, 181 procedure under. PLEADING, by subject, quære whether rules of, applicable to petition, 160 certain rules to be observed in drawing the petition, 160, 163 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, 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 by Crown or third party, 181 suppliant may apply for petition to be taken as confessed, 182 POINTS OF LAW, whether Crown should raise or demur, 178 PRAYER OF PETITION OF RIGHT, of suppliant defines the relief to which the suppliant claims to be entitled, may be, and formerly usually was, "general," 25, 160, 161 but can be, and usually now is, "special," 160 instances of various forms of, 161-162 declaration of title, 77 relief against forfeiture, 78 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, PROCEDURE: upon petition of right, at common law, identical with that on parliamentary petitions, 7 addressed to king or king and council, 6 form of answer, 10, 11. See ENDORSEMENT. issue of commission to try suppliant's title, 11 by statute 23 & 24 Vict. c. 34: in what Courts can be entitled, 157 form of petition, 157, 195. See PETITION OF RIGHT. See SECRETARY OF STATE HOME DEPARTMENT. endorsement thereon for answer, ib. form of such endorsement, 196 plea or answer of Crown, 169, 173. See PLEADING. 171 endorsement thereon, ib. plea or answer of third party, 173, 175 extension of time, 169, 197 venue, 170. See VENUE. S PROCEDURE-continued. by statute 23 & 24 Vict. c. 34-continued. by default, ib. after hearing, 182 effect of judgment, 183. See AMOVEAS MANUS. 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 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 the king or queen, 27 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. under the statute (22 & 24 Vict. c. 34): 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, 69 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 rent charges, ib. corodies, ib. gales, 75, 76, 77, 78 the general rule given by Staunford, 71 formerly only lands in one county could be included in same personal property, 69, 79 early instances of, 12 chattel interests in land, 79 term under statute merchant, ib. pure chattels, 87, 88 and possibly their value of lost, 69, 89 paid to Crown under mistake, 20, 91, 92 tolls, 94, 95. See MONEY. mesne profits. See MESNE PROFITS. 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 |