Page:Prerogatives of the Crown.djvu/390

370 Traverse, — Resisting Ejnients. [Ch. XIII. Sec. III. retraxit generally, even after the replication {a), The Cro i cannot depart from an issue actually joined on its own title, tOf traverse the part/s title [h). If issue has not been joined, the Crown may, even iir a subsequent term, waive his replication or demurrer (c), and may amend at any time, on paying costs {d). By not demurring to collateral and formal objections to the traverse, and taking an issue in fact, which is found against the* King, the Crown waives its right to take advantage of them (e).- The replication is bad if it amount substantially to a depar- ture from the extent or inquisition, instead of supporting it according to the ordinary rules of pleading {/), It is usual for the Attorney-General to confess the plea where it is evidently true : affidavit of the facts being some- times previously made {g). A confession by the Attorney- General in a matter of fact binds the King, but not it seems in . the case of a confession of a matter of law, the traverse being bad in law {h). The replication is always signed by the Attorney-General : during the vacancy of that office by the Solicitor-General [i). The rule to rejoin is, like the rule to plead (^), entered on- the back of the extentr and is a four day rule. Further time to rejoin may be obtained if necessary. 4. Trial ; and Proceedings incident thereto. Issue being joined, the next step is for the Crown to issue a venire (Z) to try it by a jury. This process may be issued into any county by the prerogative of the King who may try an issue where he pleases {m). But issues on extents are always tried in Westminster (w). («) Brown, p. E. 541. Price, 5. {b) Ante, 369, note (c). (/) Trem. P. C.594. (c) 2 RoU R. 41. Cro. Car. 347. (g) See Bunb. 102. pi. 63. Vaugh. 65. Hardr. 455. PI. Com. 322,. (k) Hardr. 170. Com. Dif. Prerog. a. Sir T. Jones, 9, 10, D. 85. (d) 3 Anstr. 714. ante, 310. As to (i) 4 Burr. 2572. waiving the count in an information of (k) Ante, 365. intrusion, &c. ante, 334. (0 See Tidd'i Append, tit. Extents. (e) Dyer, 228, b. The Court will (m) 1 Sid. 412. 1 Ventr. 17. Parker, not direct a second argument in a cause 189. 2 Price, 113. argued during the absence of the Soli- (n) West, 216. citor«General, merely to hear him. 2 , 7 If