Page:Prerogatives of the Crown.djvu/393

 Ch. XIII. Sec. III.] Traversed—Resisting Ea:tents. %ns 6. Exeaition, It rarely happens that any process of execution, actually issues either for the Crown or the subject : the former being in general already in possession of the property ; and the latter being at liberty to enter merely by virtue of the award of an amoveas manus, which has been fully considered (a). The award is of itself a transfer of possession in point of law, and is necessary to divest the interest acquired by the King under the office ; as without it the subject has no legal possessory right,, and cannot sue trespassers, &c. (b). The party is also entitled to restitution of his property, with- out deductions of poundage or expenses (c), 7. Error, By several statutes (d), a writ of error lies on a judgment on an extent, &c., into the Exchequer Chamber. It seems, how- ever, that the consent of the Attorney-General is previously necessai'y (€) : but such consent will not be withheld if any point really arguable can be raised {/)• After the termination of the writ of error in the Exchequer Chamber the case may be taken into the House of Lords (g), A scire facias is unnecessary, on a writ of error against the King (h). The writ does not preclude the subject from taking possession on his judgment o^ amoveas manus [i). And where a judgment for the King is reversed, the subject is entitled to be restored to his property and all intermediate issues (^), though he is, it seems, driven to his petition for monies actually paid over and received into the King's hands (Z). (a) Ante, 348. But see 1 Leon. 194. pi. 244. cited 2 b) Staundf. Prerop:. 78, a. 1 Rol. Manning, 6.21. Ab. 738. Plowd. 346, 559. Hardr. (/) 1 Price, 209. 422. (/r) 2 Brown, P. C. 375. ' (c) West, 217. Costs, &c. ante, 310. h) F.N. B. 21. H. Sav. 10. pi. 26. id) 31 F,d. 3. c. 12. 31 El. c. 1. (i) 2 Manning, 496, 621. 8. 1. 16 Car. 2 s. 2 and 3. (/) See the rases, &c. Ibid. 624. (0 M. 24 E. 3. f. 35. pi. 43. F. N. (/) Ante, 345. ^> 21. H. (-a). Savile, 131. pi. 203. CHAP-