Page:Prerogatives of the Crown.djvu/392

 572 Traverse.— Resisting Extents. [Ch.XIII.Sec.ril. is given to allow the traverser to move in arrest of judg- ment, &c. as in other cases. The party has also the privilege of pleading (in lieu of the remedy by audita querela, which is not maintainable against the Crown (a)), any matter as a release, &c. arising after verdict and between the award of execution (6). 5. Judgment. If the King succeed either upon verdict or nonsuft (c), the judgment (which need not however be drawn up unless error be brought, as the King is already in possession under the ex- tent), is that the subject take nothing by his traverse {d). The judgment for the traverser against the King is univer- sally^ that the King's hands be amoved and the party be re- stored, &c. {e). A peculiar prerogative of the King may here be noticed, namely, that if in any suit between subject and subject a clear title in the King appear, (that is, it seems, be admitted between the parties (/), ) the Court may ex officio (^) give judgment for him on such title ; though the Crown were not a party to the suit (h). And the Crown may interpose to take an issue for the purpose of eliciting a title (/). Nor will Chancery decree against the Crown on a title apparent on the record, though not insisted on at the hearing [k). But if only a pre- sumption of title appear for the Crown, the Court will in some cases proceed to give judgment in the action, but will suspend execution until the party has interpleaded with the King (/). (a) 2 Manning, 378, 578.- Jenk. 303. pi. 67. See post, ch. 16. (A) Ibid. 615, Sro. Ab. Prerog. pi. that the judges are one of the King's 46. See further as to motions for new councils. trials. Venire de novo, &c. 2 Manning, {h) Jenk. 25. pi. 47 ; 21 9. pi. 65. F. 616, 7. N. B. 38. Cro. Car. 590. Plowd. 243. (c) Ante, 354. 5 Bac. Ab. 570. Ante, 244. 2 Barn. (d) 2 Manning, 618. and Aid. 269, 70 ; arg. (e) Ante, 348. (i) Gro. Car. 589. Hob. 126. 1 An- (/) Bro. Ab. Prerog. pi. 16. derson, 53. pi. 131. (g) *' The Judges ex officio, and every (Jk) 3 Ves. 424. In Admiralty, 3. one else in his station ought to assist Price R. 97. the king in his rights, and the judges (/) Trin. 29 Edw. 1. Memoranda in are bound ex officio to take notice of Seaccario, 42, 3. Adaui Penreth's every statute which concerns the King." Case. 6 Exe-