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"submits” the petition to Her Majesty for fiat, 163, 164
no fee payable to therefor, ib.
usual course of procedure with regard thereto, ib.
what is a "submission" within the Act, 164
cannot refuse to submit petition, ib.
SECRETARY OF STATE FOR WAR,
Crown sued by petition for damages upon contract with, 110, 147, 150
suppliant may be called upon to give, 175, 176, 181
but not the Crown, 181
recoverable on petition of right, ib.
SERVICE OF PETITION OF RIGHT,
on the Treasury Solicitor, 167
on the department of Government to which it relates, ib.
on third party, 171
existing statutes, rules, &c., as to, applicable to petition of right, 176, 180
SHIPS OF WAR,
liability for negligent management of, 55
no liability of Crown for trespass by captain of, 55, 56
claims arising out of the exercise of belligerent rights by, 158
SOLICITOR TO THE TREASURY,
copy of petition and fiat to be left at office of, 167
such copy to be a printed and sealed one, 167, 192
otherwise service bad, 192
duties of, with respect to petition, 167
to communicate with department to which it relates, 167, 168
with regard to subsequent proceedings, ib.
his statement with regard to the endorsement of petitions touching
his argument in the Bankers' Case, 115. See BANKERS' CASE.
existing statutes and rules as to, applicable to petitions of right.
excessive, on probate recoverable by petition, 91, 92
origin of Court of, 17
production of, in court of justice, 179
8 Ed. I. (Statute of Petitions), 15
12 Ed. I. (Ordinance of Petitions), 15
29 Ed. I. (de escheatoribus), 81
34 Ed. III. c. 14 (traverse of office), 106
36 Ed. III. c. 13 (traverse of office), ib.
1 Ed. VI. (abatement of suits), 32
1 Anne I. 8 (abatement of suits), 32
3 & 4 Wm. IV. c. 42, s. 28, 96
24 & 25 Vict. c. 40, s. 1 (Crown lands, Dean Forest), 76
27 & 28 Vict. c. 25, s. 53 (Naval Prize Act), 154
36 & 37 Vict. c. 66 (Judicature Act), 158
39 Vict. c. 27 (Canadian Statute-Petition of Right), 59, 137
40 & 41 Vict. c. 59 (Colonial Stock), 35, 154
tenant under, interest of, recoverable on petition, 79
Petition of Right Act in, 227
cannot be co-respondent with Crown to petition, 29. See RESPON-
SUPERANNUATION ALLOWANCE (4 & 5 Wm. IV. c. 24, and 22
on petition of right-continued.
if governed by Common Law, ib.
or possessed of statutory authority, ib.
the case of Canadian subjects, 38, 39
can two subjects sue jointly, 39
the case of joint tenants of realty, 40. See JOINT TENANTS.
the cases of joint contractors, ib.
bankruptcy of. See ASSIGNMENT.
death of. See ABATEMENT AND ASSIGNMENT.
petition should state full name and address of, 158
signature of, to petition, ib.
petition should state that he is a subject, 160
Petition of Right Act in, 229
can be brought in to answer a petition of right, 170
served with a copy of petition and fiat, ib.
and copy of interrogatories, if any, in Chancery Division, 173
must appear within eight days, 171
and plead within fourteen days, 171
form of summons for, 197
form of appearance, 171, 197
where to be entered, 173
may defend in formâ pauperis, ib.
pleading by, 174
what defences available by, 173, 174, 175
for default in pleading, ib.
costs if successful recoverable, 185
for plea or answer by Crown, 167, 169
for pleading by third party, 171, 196
petition in Parliament for, 129
Petition of Right Act in, 229
Crown not liable to pay, 95
petition of right does not lie for, 53, 54
either committed personally by the Crown, 56
or by the servants or officers of the Crown, 55, 60
same rule in Canada, 59
reasons for Crown's immunity:
the king can do no wrong, 56, 58
this maxim explained, 56-57
cannot be treated as breach of contract and so made enforceable, 139
TRANSFER OF PETITION
from Court to Court, 169
TRAVERSE OF OFFICE,
origin and use of, 106
an alternative to petition of right, 107
fund out of which satisfaction to be made, 189
TREASURY SOLICITOR. See SOLICITOR TO TREASURY.
represents Crown when sued in private capacity, 186
pays costs of suppliant in such cases, 186
and tenor of judgment certified to, 187
judgment so certified to be satisfied by, 188
TRESPASS, petition will not lie for, 58, 60. See TORT.
TRIAL OF PETITION OF RIGHT.
statutes, rules, &c., as to trial of actions applicable to, 175, 176
not enforceable against the Crown, 100
whether Crown can be, 99, 101
Blackburn, J.'s opinion that Crown cannot, 100
VALUE, petition for recompense in,
precedent of such petition, ib.
nature of the judgment thereon, 113
opinion that it could not be an "amoveas manus,” ib.
this opinion examined, 117-120
formerly awarded to try the issue between subject and Crown, 159
in what country a petition should be sued, 42-49
practice relating to venue
at common law, 158
none appears to have been stated, 159
under Petitions of Right Act, 158-160
stated in the margin of the petition, 158
in petitions intituled in the Common Law Division, 159
quære subject's right of choosing the, 159, 170
change of, 169
method of proceeding for change of, ib.
Crown's right of choosing under "Crown Suits Act," 170
Petition of Right Act in, 232
Petition of Right Act in, 231
king could not be vouched, 118
of right to plead to jurisdiction by Crown, 49
nature of, defined, 117
Petition of Right Act in, 230
dicta of, with regard to actions against the Crown, 3
quære whether, lies against the Crown, 3, 4
of voucher does not lie against the Crown, 118
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