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Reason for this
Other existing remedies for recovery of "debts
Third parties under the Act of 1860
Does the petition abate by the death of the Sovereign?
Laporte v. the Principal Officers of Artillery
Subjects governed by the common law
The position of colonial subjects not governed by the common law
Claims arising out of English jurisdiction
Where there is a proper tribunal in the place where the property is. ibid.
AN ENUMERATION OF THE CASES IN WHICH PETITION OF RIGHT LIES.
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
The various kinds of property which can be recovered considered
The common law doctrine.
Modified by 28 Ed. 1, c. 19, and 29 Ed. 1
The modern practice.
(2) Pure Chattels :-
If lost or destroyed can their value in money be recovered 88-89
Formerly doubtful whether it could be recovered
Recent cases in which money paid under mistake has been
Interest on money taken apparently not recoverable
Money paid to the Crown for the benefit of a subject not recoverable
Remedy for detention by patentee of Crown
Whether petition can be sued where monstrans available? 106-107
PETITIONS OF RIGHT FOR DAMAGES FOR BREACH OF CONTRACT.
The state of the law previously to Thomas v. Reg.
Dicta of text-writers and judges
Summary of the argument
The judgment in Thomas v. Reg. examined
Was the judgment on a petition for value an
Lord Somers' argument and judgment
The Court's interpretation of Lord Somers' argu-
Reasons against this interpretation
A case of a petition for a "liberate
Petitions for "liberates " not petitions of right
Position of petitions in Parliament
Petitions in Parliament not all petitions of right. 127
Buller, J.'s, dictum in Macbeth v. Haldemund
Lord Denman's opinion in the Baron de Bode's Case 132
Cases subsequent to Thomas v. Reg.
Reg. v. Doutre
Windsor, &c., Railway Co. v. Reg.
Some Canadian cases
A tort cannot be treated as a breach of contract
PETITIONS OF RIGHT IN EQUITY.
Whether such petitions can be sued
Early applications to the "Chancery " explained
Petitions in Chancery before Bovill's Act :—
Clayton v. Attorney-General
Taylor v. Attorney-General.
Kirk v. Reg. (damages and injunction)
James v. Reg. (declaration of title)
Re Brain (relief against forfeiture)
Cooper v. Reg. (damages and declaration of title)
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
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