"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 SEIGNORY defined, 75 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 SET-OFF, 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. SOMERS, LORD, his statement with regard to the endorsement of petitions touching his argument in the Bankers' Case, 115. See BANKERS' CASE. SPECIAL CASE, existing statutes and rules as to, applicable to petitions of right. STAMP DUTY, excessive, on probate recoverable by petition, 91, 92 origin of Court of, 17 STATE PAPERS, production of, in court of justice, 179 STATUTES, 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 STATUTE MERCHANT, tenant under, interest of, recoverable on petition, 79 STRAITS SETTLEMENTS, Petition of Right Act in, 227 SUBJECT cannot be co-respondent with Crown to petition, 29. See RESPON- DENT. SUPERANNUATION ALLOWANCE (4 & 5 Wm. IV. c. 24, and 22 SUPPLIANT-continued. 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 TASMANIA, Petition of Right Act in, 229 THIRD PARTY can be brought in to answer a petition of right, 170 TIME 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 TITHES, petition in Parliament for, 129 TOBAGO, Petition of Right Act in, 229 TOLLS. Crown not liable to pay, 95 TORT, 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 TRUST not enforceable against the Crown, 100 TRUSTEE, 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 VENIRE FACIAS formerly awarded to try the issue between subject and Crown, 159 VENUE. 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 VICTORIA, 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 VINCENT, SAINT, Petition of Right Act in, 231 VOUCHER. king could not be vouched, 118 WAIVER of right to plead to jurisdiction by Crown, 49 WARRANTY, nature of, defined, 117 WESTERN AUSTRALIA, Petition of Right Act in, 230 WILBY, J., dicta of, with regard to actions against the Crown, 3 WRIT, quære whether, lies against the Crown, 3, 4 of voucher does not lie against the Crown, 118 LONDON: PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, STAMFord street AND CHARING CROSS. |