But not debts or damages

Reason for this

Other existing remedies for recovery of "debts
By petition for a liberate"

66

•

Difference between petition" of right" and for a "liberate

Third parties under the Act of 1860

Does the petition abate by the death of the Sovereign?

Common Law doctrine of abatement

Modified by 1 Ed. 6, c. 7, and 1 Anne 1, c. 8

Practice under Petition of Right Act, 1860.

CHAPTER V.

WHO MAY SUE BY PETITION OF RIGHT.

Laporte v. the Principal Officers of Artillery

Can subjects sue jointly? .

Is the right of suit assignable

Subjects governed by the common law

The position of colonial subjects not governed by the common law

The case of Canada.

CHAPTER VI.

WHERE THE PETITION SHOULD BE SUED.

Claims arising out of English jurisdiction

42

Where there is a proper tribunal in the place where the property is. ibid.

What authorities cited

Petitions in parliament omitted.

Reasons for this omission.

Discontinuity in the line of authorities

Classification of the authorities.

50

ibid. 51

52

ibid.

53

ibid.

ibid.

PAGE

42-43

44

45

ibid.

46-48

48-49

CHAPTER VIII.

AN ENUMERATION OF THE CASES IN WHICH PETITION OF RIGHT LIES.

THE AUTHORITIES UPON THE SUBJECT CONSIDERED.

59

60

61

ibid. 62

63

64

. ibid.

•

65

ibid.

66-67

CHAPTER IX.

OF PETITION OF RIGHT TO OBTAIN RESTITUTION OF SPECIFIC PROPERTY.

Of petitions for restitution of property generally

And the authorities by which they can be supported

Text-writers

68

ibid.

69

Decisions :-

Tobin v. Reg.

Feather v. Reg.

The various kinds of property which can be recovered considered

Realty :-

(1) Corporeal hereditaments

(2) Incorporeal hereditaments

Rent charges

Corodies

Advowsons

Seignories.

Gales

Personalty:-

(1) Impure

Leaseholds

Mesne Profits:-

The common law doctrine.

Modified by 28 Ed. 1, c. 19, and 29 Ed. 1
Lord Coke's interpretation of these statutes
Supported by Lord Somers in the Bankers' Case
Decision in Oldham v. The Lords of the Treasury .

Percival v. Reg.

Perry v. Reg.

DeLancey v. Reg.

Crossman v. Reg.

Mesne profits thus recovered

Salary

Tolls

The Baron de Bode's Case

Frith v. Reg.

Rustomjee v. Reg.

Kinloch v. Reg. .

II. Of the taking and detaining by the Crown

81

ibid.

82

83-84

85

The modern practice.

86

In re Gosman

ibid.

87

(2) Pure Chattels :-

If lost or destroyed can their value in money be recovered 88-89

(3) Money :-

Formerly doubtful whether it could be recovered

Lord Denman's opinion

Recent cases in which money paid under mistake has been

recovered :-

PAGE

69

ibid.

70

91

ibid.
ibid.

ibid. 92

93

ibid.

94-95

96

Interest on money taken apparently not recoverable

Money paid to the Crown for the benefit of a subject not recoverable

upon petition :—

90

ibid.

PAGE

Seizure must be wrongful

104

105

Remedy for detention by patentee of Crown

Whether petition can be sued where monstrans available? 106-107

CHAPTER X.

PETITIONS OF RIGHT FOR DAMAGES FOR BREACH OF CONTRACT.

Petitions for damages

The state of the law previously to Thomas v. Reg.

Thomas v. Reg. stated

The petition

The demurrer

(1) The absence of precedent

(2) The inferences therefrom

These inferences rebutted

The Bankers' Case

The judgments therein

Lord Somers' judgment

Dicta of text-writers and judges

Summary of the argument
Explanation of

Tobin v. Reg.

Feather v. Reg.

The judgment in Thomas v. Reg. examined

Was the judgment on a petition for value an

amoveas manus ?

The Bankers' Case explained

Lord Somers' argument and judgment

What Lord Somers meant

The Court's interpretation of Lord Somers' argu-

108

ibid. 109

100

ibid.

111

ibid.

ibid.

112

ibid.

ibid.

ibid.

113

114

ibid.

ment

123

ibid.

Reasons against this interpretation

Aynesham's Case examined

A case of a petition for a "liberate

ibid. 124

125

126

Petitions for "liberates " not petitions of right

Position of petitions in Parliament

ibid.

Petitions in Parliament not all petitions of right. 127

Reasons for so holding

ibid. 130

130

117-119

120

ibid. 121

122

115

116

Baron Comyn's opinion.

131

Buller, J.'s, dictum in Macbeth v. Haldemund

ibid.

Lord Denman's opinion in the Baron de Bode's Case 132

The judgments in

·

133

ibid. 134

Cases subsequent to Thomas v. Reg.

Kinloch v. Reg..

De Dohsé v. Reg.

Eyre v. Reg.

Reg. v. Doutre

Windsor, &c., Railway Co. v. Reg.

Some Canadian cases

A tort cannot be treated as a breach of contract

CHAPTER XI.

PETITIONS OF RIGHT IN EQUITY.

Whether such petitions can be sued

Early applications to the "Chancery " explained
Why such petitions should not be sued

Petitions in Chancery before Bovill's Act :—

Clayton v. Attorney-General

Taylor v. Attorney-General.

Petitions in Chancery since Bovill's Act

Kirk v. Reg. (damages and injunction)

James v. Reg. (declaration of title)

Re Brain (relief against forfeiture)

In re Tufnell (damages)

Cooper v. Reg. (damages and declaration of title)

Re Gosman

Kinloch v. Reg. .

Northam Bridge Co. v. Reg.

PAGE

135

ibid.

. ibid.

. ibid.

136

ibid. 138

138

. 139

Recognition of the practice adopted in these cases by

Wickens, V.-C.

147

ibid.

. ibid.

148

149

150

151-152

153

ibid.

ibid.

141
ibid.
142

CHAPTER XII.

PETITIONS IN THE ADMIRALTY DIVISION AND FOR COLONIAL STOCK.

PART II.

23 & 24 Vict. c. 34. "An Act to amend the law relating to petitions

of right to simplify the proceedings and to make provisions for

the costs thereof."

Preamble

Section 1. Petitions of right may be intituled in any of the superior

courts at Westminster. The form, nature and contents

of the petition as in Schedule No. 1

ibid. 163