Page:Prerogatives of the Crown.djvu/419

Ch.XVI.Sec.IV.] Crohion Grants, 39a as we by any means had it cuidam archiepiscopo dudum spectan^; where the archbishop had the manor, but not the advowson (a) : or, if he grant lands, all which are of such a value ; though the value be misrecited, if there be a non obstante of the mis- recital of the value (Jb). SECT. IV. 4. Of the Bights and Liabilities of the Grantee, ' In the case of lands the grantee does not by taking them from the Crown acquire any particular privileges. He is not thereby protected against the common law remedies and rights which others may possess in respect of the property, however such remedies' and rights might be impeded whilst the King held it (c) ; nor shall he take advantage of the maxim nullum tempus occurrit regi{d). The right of the grantee of crown lands to distrain, and to use crown process, has been already noticed (^). The assignee of a chose in action granted by the Crown {f)^ may either sue in his own name, or use the King's name, ancj the prerogative process ; though the assignment contain iiq words expressly enabling the grantee so to do [g). If the King grant wrecks his privilege of going over another man's land to take them passes to the grantee {h), '. The right of a grantee to a scire facias to repeal grants, in- jurious to his own, has been already mentioned (/). (a) 2 Mod. 1. Dyer 30, and 1 pi. 7, 8. Sav. 2, 133. (i) Hardr. 232. ' 1 P. Wms. 252. 17 Vin. Ab. 96. tit. (c) Ante, 340, and note (J). 342. Prerog. M. 69. 5 Bac. Ab. 606. Pre- (rf) Popb. 26. rog. F. 3. (e) Ante, 209. h) 6 Mod. 149. (/) Ante, 387. (i) Ante, 331. {£) Owen, 113. Cro. Jac. 82, 179. SECT-