3. The said tender was accepted by your Majesty's said secretary, and a letter, of which the following is a copy, was received by your suppliant, announcing such acceptance [setting it forth].

4. The contract referred to in the said tender was entered into, and the following is one of the terms thereof, that is to say [setting it forth].

5. The said contract was effected by a letter from Colonel A. B., the Deputy Inspector of Fortifications, to your suppliant, and by your suppliant's answer to the same, and the following are copies of the said letter and answer [setting them out].

6. Additional works within the meaning of the said contract were duly ordered to be done and were done by your suppliant, amounting to the sum of £ whereby he became entitled to weeks beyond

Christmas Day, 19—, for completion of the said contract.

7. The said works, with the said additional works, were completed and the said three forts were handed over perfectly complete to the Commanding Royal Engineer, in accordance with the specification and contract,

full weeks before the time specified as aforesaid for the completion. 8. Your suppliant claims to be entitled to have payment made to him according to the said contract of the sum of £ (after giving credit for all moneys paid or advanced on account and for all allowances and deductions) for and in respect of the completion by him of the said forts. and works and of the said additional works, and of handing over the same perfectly complete as aforesaid before your suppliant was bound by the contract or otherwise so to do.

9. Your suppliant prays payment of the same.

Your suppliant therefore [&c., as in form No. 1, ante, p. 660].

3. Indorsement praying Defence on behalf of Crown (e).

The suppliant prays for a defence on behalf of his Majesty within twenty-eight days after the date hereof, or otherwise that the petition may be taken as confessed.

(Signed) A. B., solicitor for A. B.

4. Notice to be indorsed on Petition for Service on Person other than

You are hereby required to appear to the within petition in the King's Bench Division of the High Court of Justice within eight days, and to deliver a defence thereto within fourteen days after the date hereof.

(e) After the fiat has been obtained (under sect. 2), a copy of the petition must (sect. 3) be left at the office of the Solicitor to the Treasury, indorsed in the above form, which is taken from that given in the schedule to the Act (No. 2).

(f) Where the petition is to be served upon any person under sect. 5 of the Act, it must be indorsed in this form, which is taken from that given in the schedule to the Act (No. 3).

Take notice that if you fail to appear or deliver a defence in due time the said petition may, as against you, be ordered to be taken as confessed. Dated

or X. Y., of

(Signed) A. B., solicitor for A. B.

5. Memorandum of Appearance by Person, other than Crown, served with

In the High Court of Justice.

King's Bench Division.

Petition (g).

Petition of Right.

A. B., suppliant,) C. D. appears in person [or E. F.,

V.

The King.

Dated

In the High Court of Justice.

King's Bench Division.

solicitor for C. D., appears for him].

(Signed) C. D. [or E. F.], of.

6. Defence (h).

Petition of Right.

A. B., suppliant,

υ.

The King.

Defence of Sir, Knight, the Attorney-General, for and on behalf of our lord the King.

1. [State the matter relied on as a defence, and conclude as in the ordinary form.]

7. Judgment after Verdict for the Suppliant (i).

[Title as in form No. 6.]

The petition of right having on the before the Honourable Mr. Justice

day of

19-, been tried

with a [special] jury of the [county]

(g) Where a person is served with a petition under sect. 5 of the Act, he must appear thereto within eight days. The above form of appearance is adapted from that given in the schedule to the Act (No. 4).

(h) See sect. 6 of the Act. The time for answering or pleading to the petition, on behalf of the Crown, is twenty-eight days (sect. 4), and by other persons fourteen days (sect. 5). The prerogative of the Crown to plead double, or to plead and demur without leave of the Court or a Judge, was not taken away by the Act (Tobin v. The Queen, 14 C. B. N. S. 505). The Crown cannot plead the Statute of Limitations (21 Jac. 1, c. 16) to a petition of right (Rustomjee v. The Queen, 1 Q. B. D. 487; 2 Id. 69).

As to set-off, see De Lancey v. The Queen, L. R. 6 Exch. 286; 7 Id. 140. As to discovery, see Thomas v. The Queen, L. R. 10 Q. B. 44; Tomline v. The Queen, 4 Ex. D. 252; and Reiner v Marquis of Salisbury, 2 Ch. D. 378, 386.

(i) As to the form of judgment, see sect. 9 of the Act. As to judgment by default

see sect. 8.

having

of, and the jury having found a verdict for the suppliant for £ [according to the officer's certificate], and the said Mr. Justice directed that judgment be entered that the suppliant is entitled to £and his costs (k) to be taxed [according to the officer's certificate] Therefore it is adjudged that the suppliant is entitled to £ and his costs to be taxed.

The above costs [&c., as usual].

8. Certificate of a Judge of the Court of the Tenor and Purport of the

Judgment (1).

To the Commissioners of his Majesty's Treasury [or the Treasury of his Majesty's Household].

Petition of right of A. B. in the King's Bench Division of the High Court of Justice.

I humbly certify that on the day of, A.D. 19-, it was, by the said King's Bench Division of the High Court of Justice, adjudged [decreed, or ordered] that the above-named suppliant was entitled to [&c.]. Dated [Judge's signature.]

(k) As to the suppliant's right to costs, if successful, see sect. 12 of the Act. As to the recovery of costs against him where his petition fails, see sect. 11.

(1) When judgment is given in favour of the suppliant, he may (sect. 13), after the lapse of fourteen days, apply to the Court or a Judge for a certificate in this form (No. 5 in the schedule to the Act). Sect. 14 provides for the manner in which the Crown is to satisfy the judgment and costs.

CHAPTER IX.

ACTION BY THE ATTORNEY-GENERAL ON THE RELATION OF

2. Preliminaries to Issue of Writ of Summons.

Before the writ is issued, the Attorney-General's signature thereto must be obtained. Leave with the Attorney-General-1, The original writ which it is proposed to issue, properly filled in with the names of the parties and indorsed with the proposed claim; 2, The proposed statement of claim (a); 3, A copy of the proposed writ, having appended thereto a copy of the proposed statement of claim, indorsed with the requisite certificate of counsel; 4, The requisite certificate of the relator's solicitor as to the relator's fitness to act. If the Attorney-General allows the action, he will sign and return the first two documents, retaining the rest. Before issuing the writ, file the written authority of the relator to the use of his name.

3. Certificate of Counsel that Action is proper (b).

I hereby certify that this writ of summons and statement of claim are proper for the allowance of his Majesty's Attorney-General, and that, in my opinion, without such allowance the relator [or relators] cannot obtain complete relief.

Dated

(Signed) J. W. S.
[Counsel's address.]

(a) This pleading should now be called a statement of claim, and not an information (Att.-Gen. v. Shrewsbury Bridge Co., 42 L. T. 79).

(b) This certificate should be indorsed on a copy of the proposed statement of claim, appended to a copy of the proposed writ of summons.

4. Certificate of Counsel that Amendment is proper (c).

I hereby certify that the proposed amendments, shown by the alterations in red ink to this copy of the statement of claim [or as the case may be], are proper for the allowance of his Majesty's Attorney-General, and that in my opinion [&c., as in preceding form].

5. Certificate of Solicitor as to Relator's Competency.

I hereby certify that A. B., of

is a fit and proper person to

act as relator in the proposed action in the name of his Majesty's Attorney-General on the relation of the said A. B. against E. F. for [state shortly the cause of action]; and that the said A. B. is competent to answer the costs of the said proposed action.

Dated

I, A. B., of

(Signed) X. Y., Of

Solicitor to the said A. B.

6. Authority of Relator to Use of his Name (d).

[Title of proposed action.]

hereby authorize you to use my name as a relator in the proposed action between the above-named parties wherein the plaintiff intends to claim [state briefly the claim indorsed on the writ of summons].

Dated

To Mr. X. Y., of

My solicitor.

(Signed) A. B.

(c) This certificate should be indorsed on a copy of the pleading which it is proposed to amend. Leave the certificate with the Attorney-General, for him to retain, and another copy of the amended pleading, for him to sign and return, if he allows the amendments.

(d) By R. S. C., Ord. XVI., r. 20, "Before the name of any person shall be used in any action . . . as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the Central Office, or in the District Registry if the cause or matter is proceeding therein."