addition to the above authorities, Sir John Rigley's Case (1429), Y. B. T. 7 Hen. VI. pl. 22); and, if that be so, the Crown's objection would be practically nugatory, and it would be scarcely worth while, except as a matter of strict practice, to make it. These observations are subject to any question of limitation which the Crown may be entitled to raise; but it appears to the author that the principle of Rustomjee v. R. (1876), 1 Q. B. D. 487; 2 Q. B. D. 69; 45 L. J. Q. B. 249; 46 L. J. Q. B. 238 (see p. 393), applies to traverse of office as well as to petition of right. APPENDIX OF PRECEDENTS. Special Commission of Escheat. formerly of died on the 19 as EDWARD THE SEVENTH by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King Defender of the Faith to Greeting. Whereas We have been given to understand that day of being at the time of h death seised of an estate in fee simple in possession of and in divers messuages lands tenements and hereditaments of the estimated value of £ and that the said died without having devised the said messuages lands tenements or hereditaments or any of them or any estate or interest therein whereby the said messuages lands tenements and hereditaments whereof the said died so seised as aforesaid devolved unto Her late Majesty Queen Victoria as an escheat by virtue of the Prerogative Royal and have since descended and come to Us in right of Our Royal Crown We therefore being willing to be certified of the truth of all and singular the premises and very much confiding in your fidelity and prudent circumspection have assigned you to be Our Commissioners in this behalf and by the tenour of these presents do give to you or any one or more of you full power and authority to enquire as well by the oath of good and lawful men of Our County of well within liberties as without by whom the truth of the premises may be better known and if it shall be necessary by the examination of credible witnesses upon their corporal oaths or their lawful affirmations to be taken before you or any one or more of you which oaths and lawful affirmations We do hereby authorize and empower you or any one or more of you to administer as by all other ways means and methods whereby you or any one or more of you may or can know or be informed whether or not the said was a bastard and whether he died intestate [where it is not a case of bastardy substitute for the words in italics died without leaving any heir of his body or any right heir him surviving and intestate] and of such matters and things in relation thereto as to you or any one or more of you shall seem fit and whether he was in h lifetime and at the time of h death seised of an estate in fee simple of and in divers or any and what messuages lands tenements and hereditaments situate lying and being in Our said County of or seised of or entitled to any other and what estate therein and under what deed or deeds will or wills writing or writings or by what other title or titles and when and where he died and whether he died without leaving any heir of his body or any right heir him surviving and without having devised the said messuages lands tenements and hereditaments or any of them or any part thereof or any estate or interest therein and of what yearly value the said messuages lands tenements and hereditaments were at the time of the death of the said and of what person or persons and by what services the same were then holden and whether the same devolved unto Her said late Majesty as an escheat by virtue of the Prerogative Royal and have since descended and come to Us in right of Our Royal Crown and who hath received and taken the mesne profits thereof since the death of the said and to what amount and in whose possession tenure or occupation the same now are or remain and also of all other matters and circumstances which you or any one or more of you shall judge fit and necessary to be enquired of touching the premises and the said messuages lands tenements and hereditaments which on the death of the said unto Us ought to devolve and belong to take and seize into Our hands And therefore We command you that at such day and place or days and places as you or any one or more of you shall appoint for that purpose you or any one or more of you diligently set about the premises and do and execute all and singular the matters aforesaid with effect so that as well the inquisition as all other matters by you or any one or more of you taken and done in the premises you or any one or more of you send and certify to Us into the Central Office of Our Supreme Court of Judicature under your hands and seals or the hand and seal or hands and seals of any one or more of you present at the said inquisition and the hands and seals of the jurors concurring therein distinctly and openly without delay together with these Our Letters Patent We also give full power and authority to you or any one or more of you to call and procure to appear before you or any one or more of you all persons whomsoever fit to be examined in the premises and their examinations they having been first duly sworn before you or any one or more of you to receive and take And We also by the tenour of these presents command Our Sheriff of Our said County of that at a certain day and place or certain days and places which you or any one or more of you shall appoint for that purpose and on our part make known to him he cause to come before you or any one or more of you so many and such good and lawful men of his bailiwick as well within liberties as without by whom the truth of the matter in the premises may be known and enquired into and We also by the tenour of these presents strictly command all and singular Justices Mayors Sheriffs Bailiffs Officers Ministers and all other Our faithful subjects of Our said County of as well within liberties as without that to you in the execution of these presents they be attendant obedient aiding and assisting in such manner as you or any one or more of you shall make known to them on Our behalf In Witness whereof We have caused these Our Letters to be made Patent. to wit.} on the An Inquisition taken at in the year of the reign of our Sovereign Lord Edward the Seventh by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King Defender of the Faith before Commissioners of our said Lord the King by virtue of His Majesty's Commission under the Wafer Great Seal of the United Kingdom of Great Britain C.P. G G and Ireland bearing date at Westminster the day of in the year of His Majesty's reign and to this Inquisition annexed to us and others in the Commission named directed commanding us or any one or more of the Commissioners aforesaid to enquire on behalf of our said Lord the King of divers matters things and circumstances in the said Commission specified upon the oath of day of good and lawful men of the said County of who being sworn and charged to enquire touching the matters in the said Commission mentioned do on their oath say that under and by virtue of an Indenture of Conveyance bearing date the and made between of the one part and in the said Commission named of the other part the said in the said Commission named was in h lifetime and at the time of h death seised in fee simple of and in All that Freehold messuage or dwelling-house situate And the Jurors aforesaid on their oath aforesaid do further say that the said in the said Commission named was a bastard and [insert the words in italics in a case of bastardy] being so seised and entitled as aforesaid departed this life on the day of without leaving any heir of h body or any right heir h surviving and [omit the words in italics in a case of bastardy] without having devised the said messuage lands tenements hereditaments and premises or any of them or any part thereof or any estate or interest whatsoever therein And the Jurors aforesaid upon their oath aforesaid further say that the messuage lands tenements hereditaments and premises above described and mentioned were at the time of the death of the said of the at in the said County of yearly value of £ in all issues thereof beyond reprizes and are now in the occupation of and were holden of Her late Majesty Queen Victoria in free and common socage but not subject to any rent or service in respect thereof except fealty and by reason of the premises devolved to Her said late Majesty as an Escheat by virtue of the Prerogative Royal and have since descended and come to His present Majesty in right of His Royal Crown And that the mesne profits of the said messuage lands tenements and hereditaments and premises since the death of the said to the to the sum of £ All which said messuage lands tenements hereditaments and premises whereof the Jurors aforesaid find the said to have died seised and to have escheated to Her late Majesty and to have since descended and come to His present Majesty We the Commissioners aforesaid have in obedience to the said Commission taken and seised into the hands of His said Majesty. have been received and taken by day of amounting In Witness whereof as well the said Commissioners as the Jurors aforesaid have set their hands and seals to this Inquisition to be returned into the Central Office of the Supreme Court of Judicature of our said Lord the King the day and year and at the place above written. [Signed and sealed by the Commissioners and Jurors.] Petition for Leave to Traverse Inquisition. IN THE HIGH COURT OF JUSTICE. Chancery Division. Mr. Justice North. [27 December 1899.-The Court doth order that all parties concerned do attend herein on Saturday the 20th day of January 1900. And hereof give notice forthwith.-L. L. PEMBERTON.] In the Matter of an Inquisition held on the 11th day of August 1877 in respect of certain Freehold Property part of the Estate of Bevil Amyas deceased. TO HER MAJESTY'S HIGH COURT OF JUSTICE. The Humble Petition of William Woodward Manning Esquire Barrister-at-Law of Veytaux Canton de Vaud Switzerland Sheweth as follows: on 1. By a certain inquisition taken at before the Commissioners named therein by virtue of Her Majesty's Commission under the Wafer Great Seal of the United Kingdom of Great Britain and Ireland bearing date at Westminster the it was found by the Jurors upon their oath that [the findings of the jury set out]. 2. In obedience to the said Commission the said Commissioners named therein seized into the hands of Her Majesty all the said messuages or tenements farm lands hereditaments and premises or such part thereof as was freehold. 3. Your Petitioner was a third cousin thrice removed of the said Bevil Amyas and the said John Amyas mentioned in the said inquisition and your Petitioner alleges that upon the death of the said Bevil Amyas and thence until and at the time of the taking of the said inquisition the said messuages or tenements farm lands hereditaments and premises in the said inquisition mentioned devolved and belonged to your Petitioner who upon the death of the said Bevil Amyas became and now is the heir-at-law of the said Bevil Amyas and also of the said John Amyas. 4. Your Petitioner had no knowledge of the holding of the said inquisition until several years after the same had been held. 5-42. [The details of the pedigree and other facts by which the Petitioner alleged that he was the heir-at-law of the last holder of the escheated property.] 43. In the circumstances herein before set forth your Petitioner is now and has been since the death of the said Bevil Amyas the heir-at-law of the said John Amyas the said brother of the said Bevil Amyas and is entitled to the seisin in fee of the said messuages or tenements farm lands hereditaments and premises in the said inquisition mentioned. Your Petitioner therefore humbly prays: 1. That he may be at liberty to traverse the said inquisition. 3. Or that such further or other Order may be made in the And Petitioner will ever pray &c. your NOTE. It is intended to serve this Petition on the Lords Commissioners of Her Majesty's Treasury. |