Page:Prerogatives of the Crown.djvu/420

 40D Crown Grants. [Ch. X VI. Sec. V. SECT. V. Of revokmg or avoiding the Grant, Whek royal grants are void, a scire facias is in general re- quisite (a): but by statute 1 Ann. st. 1. c. 7. s. 7. for restrain- ing grants of the lands and revenues of the Crown, grants contrary to that act shall be void without any inquisition, or scire faciasy or other proceeding. The grants of the King when valid in general bind him, though without consideration, as subjects are bound by their grants {b) : except in cases where a mere authority, licence or exemption is given without an interest ; as in the case of a li- cence to go abroad when the party is recalled ; or the grant of an exemption from impress (c). And, though the grant of a mere licence or authority from the Crown [d), or a grant the Crown ; it is clear that in other cases where an interest only is transferred by the Crown, the King's successors are bound by it, though they be not mentioned in the grant {/) : and this even on a grant to a college to be discharged of toll(g). (a) See as to this, Index, tit. Scire coupled with an interest, Freem. 331. facias. Ante, 330. 250. 38. (i) Ld.Raym.32. Ante.l 1 9. 1 25. 1 32. (c) Ante, 24.48. 5 Bac. Ab. 526. 16 East, 165. (ji) Hardr. 442. But not an authority 17 Vin. Ab. 90. {e) Mo. 176. Com. Dig. Grant, G. 3. (/) Ibid. 1 Sid. 6. Hardr. 443, 4. (g) Yelv. R. 15. CHAP.
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