Petitions of Right Act 1860
Encyclopedia
The Petitions of Right Act 1860 (23 & 24 Vict., c. 34) was an Act of Parliament
passed by the Parliament of the United Kingdom
that codified and simplified the process of obtaining a petition of right
.
, but gave an alternative remedy. The procedure was regulated by the 1860 Act, and in England also by rules made under the Act on the 1st of February 1862. The petition was left with the Home Secretary
"for the consideration of His Majesty", who if he thought fit granted his fiat that right be done. The fiat was seal
ed in the Home Office and issued to the applicant who filed it in the central office of the High Court of Justice
, and a sealed copy was served on the Treasury Solicitor, with a demand for a response on behalf of the Crown. The subsequent proceedings, including those as to disclosing relevant documents
followed as far as possible those in an ordinary action. A judgment in favour of the applicant was equivalent to a judgment of amoveas manus ouster le main.
Costs were payable to and by the Crown. A petition of right was usually tried in the Chancery or King's Bench
divisions but where the subject-matter of the petition arose out of the exercise of belligerent rights on behalf of the Crown, or would be heard in a prize court
if the matter were in dispute between private persons, the applicant could at his option start his petition in the Admiralty Court
. The Lord Chancellor
could direct the hearing of petitions of right in that court even when not started there.
but was extended to Ireland by the Petitions of Right (Ireland) Act 1873
ultimately allowed claims to be brought against the Crown as against any other party and throughout the UK, rendering the Act and process obsolete.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
passed by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that codified and simplified the process of obtaining a petition of right
Petition of right
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
.
Procedure
The Act preserved the right to proceed at common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, but gave an alternative remedy. The procedure was regulated by the 1860 Act, and in England also by rules made under the Act on the 1st of February 1862. The petition was left with the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
"for the consideration of His Majesty", who if he thought fit granted his fiat that right be done. The fiat was seal
Seal (device)
A seal can be a figure impressed in wax, clay, or some other medium, or embossed on paper, with the purpose of authenticating a document ; but the term can also mean the device for making such impressions, being essentially a mould with the mirror image of the design carved in sunken- relief or...
ed in the Home Office and issued to the applicant who filed it in the central office of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, and a sealed copy was served on the Treasury Solicitor, with a demand for a response on behalf of the Crown. The subsequent proceedings, including those as to disclosing relevant documents
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
followed as far as possible those in an ordinary action. A judgment in favour of the applicant was equivalent to a judgment of amoveas manus ouster le main.
Costs were payable to and by the Crown. A petition of right was usually tried in the Chancery or King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
divisions but where the subject-matter of the petition arose out of the exercise of belligerent rights on behalf of the Crown, or would be heard in a prize court
Prize court
A prize court is a court authorized to consider whether or not a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal...
if the matter were in dispute between private persons, the applicant could at his option start his petition in the Admiralty Court
Admiralty court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.- Admiralty Courts in England and Wales :...
. The Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
could direct the hearing of petitions of right in that court even when not started there.
Territorial extent
The Act applied only to England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
but was extended to Ireland by the Petitions of Right (Ireland) Act 1873
Repeal
The Crown Proceedings Act 1947Crown Proceedings Act 1947
The Crown Proceedings Act 1947 is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party...
ultimately allowed claims to be brought against the Crown as against any other party and throughout the UK, rendering the Act and process obsolete.