Page:Prerogatives of the Crown.djvu/389

Ch.XIILSec.IIL] Traverse.— Remting Ma:ients. 369 confessed, if the attorney-general will not on application enter a nolle prosequi, or proceed within a reasonable time («). The Crown has various prerogatives in replying to its de- fendant's traverse or plea {b)* In cases where the ' right of property is in dispute, the claimant, as we have just seen, must not only state his own title, but should traverse that of the Crown. In this case the Crown has the option of maintaining its own title, without noticing the defendant's : or, without noticing the defendant's traverse of the Crown title, the King may merely dispute the title set up by the claimant (c). And it appears that the King may in a manner reply double, by maintaining not only his own title, but disputing also that set up by the traverser; and it is also usual for the Crown to confess and avoid, and traverse also {d). So if the plea allege several facts, the King may traverse all of them [e) : and if several of the King's titles be traversed, he need not maintain all of them {f). And though no estoppel can exist against the Crown {g), the traverser may be concluded by the King reply- ing matter of estoppel {h). During the term in which issue has been joined with the Crown, but not in a subsequent term, the Crown may waive the issue and take another, or demur {i). But the defendant can- not waive his plea, and plead the general issue without the consent of the attorney-general {k) ; though he may enter a (a) Parker, 50. On extents in aid suggestion, (that is, not material,) the judgment is moved for if the Crown King can, no more than a common per- does not reply before the end of the son, (and for the same reasons,) forsake third entire term. 2 Manning, 603. his own title, and endeavour only the (A) As to replying in abatement, 2 destroying of the defendant's title ; for Manning, 600. the weakening of the defendant's title (c) Bro. Prerog. pi. 65, 78. Staundf. without more, can no more make a Pre. 65, a. Vin. Ab. Prerog. Q. 5. good title to the King than it can to a Com. Dig. Prerog- D. 75, 85. Sav. 67. common person." See 2 Vcz.541. 2 Cro. 481." Sav. 64.- 2 Vez. 541. (rf) See 2 Manning, 601, cites KeiJw. Ante, 3^7, But it seems necessary for 175, b. pi. 3. 9 H. 4. 6. pi. 20. the Crown to reply to the fresh matter (e) Com. Dig. Prerog. D. 75, Savil, set up in bar by the defendant, where 19. the Crown title is not on record by ff ) Staundf. Prerog. 65, a, office, &c. as in the case of an infor- (g) 1 Co. R. 43. Hob. 339. mation for a penalty, &c. Vaugh. 64. (A) Com. Dig. Estoppel, D. 16 Vin. Ab. 538. 6 Com. Dig, 74. (?) Staundf. Prerog. 65, a, b. Vaugh, And in Vaugh. 62. it is on this ground 65. Com. Dig. Prerog. D, 85, Not laid down : " that where the King's after verdict, Hardr..455. title appears to be no more than a bare (A) Cro. Car. 347. 2 Rol. 41. B B retraxit