Page:Prerogatives of the Crown.djvu/351

Ch. XII. Sec, III.] Scire facias to repeal. 331 If a Crown grant prejudice and affect the rights of third persons, the King is by law bound on proper petition to him, to allow a subject to use his royal name, to repeal it in a scire facias («). And it is said that in such case the party preju- diced may, upon the inrolment of the grant in Chancery, have a scire facias to repeal it, as well as the King [b) ; as in the instance of an unfounded patent for an invention, or where the specification is incorrect {c). So in the case of a grant of a mart or fair, &c. whereby another antient mart or fair is pre- ' judiced [d). Where the same thing is granted twice the first patentee is entitled to a scire facias to repeal the subsequent grant (^) : but the second patentee is not, though his right be superior {f). The scire facias may be prosecuted in the Petty Bag Office in Chancery, for the patent is a record there (g). So it may be in the King's Bench (Ji), A memorial is presented to the Crown for a scire facias^ whereupon his Majesty's warrant is obtained lo the attorney-general to sue it, and the attorney- general grants his fiat thereon {i). On the scire facias the defendant is summoned to appear, which affords him an opportunity of so doing, and of pleading any defence he may have, or of demurring (Jc) if the matter alleged be insufficient to repeal the grant; on which proceed- ings are taken, as in ordinary instances of that description, at the suit of the Crown {I). If no defence be set up, the judg- ment (which, if it be for the King, is that the letters patent and the inrolment be revoked, vacated, &c.) may be either by confession or by default, if the defendant be returned warned, or upon two nihils (m). No costs are payable to the Crown or prosecutor on a scire facias to repeal letters patent (n), (a) Bro. Ab. tit. Scire Facias, 69, (k) 4 Inst. 72. As to the form, Sec. 185. 2 Ventr. 344. 3 Bla. C 260, 1. 2 Saund. 72, q. Tidd's Appendix. (Z.) 6 Mod. 229. 2 Saund. 72. q. (0 2 Rich. Prac. C. P. 391, and (c) See ante, 193. as to patents. 398. Hands on Patents. (<0 Dyer, 276, b. 3 Lev. 220. 2 (k) 3 Lev. 221. Ventr. 344. (0 See post, ch. 13. (e) 4 Inst 88. Dyer, 137, b. 198, a. (m) Dyer, 197, b. 198, a. 2 Rol Ab. 2 Rol. Ab. 191, U. pi. 2. 192, X. pi. 1. (/) Dyer, 276, b. 277, a^ 2 Saund. (n) 7 Term Rep. 367. Ante, 310 j 72, p. as to costs in general at the suit of the (g) Ibid. 4 luat. 88. 3 Lev. 223. Crown. ' SECT.