The Law and Practice of Petition of Right Under the Petitions of Right Act, 1860: With Forms and an Appendix Containing the Laws Regulating Proceedings by Petitions of Right in Ireland, Scotland, and Certain Colonies and Dependencies

W. Clowes and Sons, limited, 1887 - 264 sider

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Side 61 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Side 194 - In the construction of this act the word " court" shall be understood to mean any one of the superior courts of common law at Westminster in which any action is brought; and the word "judge" shall be understood to mean a judge or baron of any of the said courts; and the word " master" shall be understood to mean a master of any of the said courts; and the word "action...
Side 182 - ... either party shall be at liberty to apply to the court, or a judge thereof, for an order to the master to speed the proceedings and to make his report, and to certify to the court or judge the reason for any delay.
Side 62 - There can be no reasonable doubt that this limitation to cases of contract, express or implied, was established in reference to the distinction between actions arising out of contracts, as distinguished from those founded on torts, which is inherent in the essential nature of judicial remedies under all systems, and especially under the system of the common law.
Side 171 - ... same shall be prosecuted, within fourteen days after the same shall have been so served or left as aforesaid, and it shall not be necessary to issue any scire facias or other process to such person for the purpose of requiring him to appear and plead or answer to such petition, but he shall, within the time so limited, if it be intended by him to contest such petition, enter an appearance to the same in the form set forth in schedule (No.
Side 186 - ... entitled to recover costs for and on behalf of Her Majesty, where judgment shall be given for the Crown, in the same manner, and under the same rules, regulations, and provisions, as are or may be in force touching the payment or receipt of costs in proceedings between subject and subject ; and such costs shall be paid into the Exchequer, and shall become part of the Consolidated Fund.
Side 188 - During the term wherein any judicial act is done, the record remaineth in the breast of the judges of the court, and in their remembrance, and therefore the roll is alterable during that term, as the judges shall direct, but, when that term is past, then the record is in the roll, and admitteth no alteration, averment, or proof to the contrary.
Side 188 - Treasurer shall pay out of any moneys in his hands, for the time being legally applicable thereto, or which may be thereafter voted by the Legislature for that purpose, the amount of any moneys and costs awarded by such judgment or order to the suppliant in any such petition of right.
Side 58 - Now, apart altogether from the question of procedure, a petition of right in respect of a wrong, in the legal sense of the term, shews no right to legal redress against the Sovereign. For the maxim that the King can do no wrong applies...
Side 163 - shall be understood to mean any One of the Superior Courts of Common Law or Equity at Westminster in which any such Petition is presented; the Word "Relief" shall comprehend every Species of Relief claimed or prayed for in any such Petition of Right, whether a Restitution of any Incorporeal Right, or a Return of Lands or Chattels, or a Payment of Money or Damages, or otherwise ; and the Word

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