Page:Prerogatives of the Crown.djvu/408

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388 Crown Grants. [Ch.XVI. Sec.L chose in, action against a third person (a). But this rule ap- pears to relate only to causes of action for debt and things cer- tain; not to a right of action for trespass or uncertain da- mages (6). And it may be doubtful whether it relates to choses real, as rights of action, &c. relative to land, so as to vest them at law in the grantee (c). It seems, also, part of a debt cannot be assigned to the King (d). But the assignment of debts to the Crown having been great- ly abused, it was enacted, by the statute 7 Jac. 1. c. 15. (^), that " no debt shall be assigned to the King, by or from any debtor or accountant to his Majesty, other than such debts as did before grow due originally to the King's debtor or account- ant bondjlde ; and that all grants and assignments of debts to the King, which shall be had or made contrary to the true in- tent of that Act, shall be void." And even at common law, the assignee of a chose in action from the Crown has not the pow- er of assigning it to another subject, so as to enable the latter to sue in his own name {/), The King may also, in general, grant a condition in future, a matter depending on a contingency, quando acciderit, or a mere possibility (g) ; or convey in fee, with a condition against alienation, by the grantee (^). But the King cannot grant land

  • when it shall escheat {i) f or the next lapse of the church of

Z). (before it happens) * when it shall happen {k).* But his Majesty may, in some cases, discharge a subject of liabilities not yet accrued (Z). So that he may grant that a spiritual man shall be discharged of tenths, " when they shall be granted" by the (a) Y. E. 31 H. 7. 19. Bro. Ab. Pre- (/) Cro. Jac. 180. Skin. 6, 26. rog. 40. Co. Lit. 232. b. n. 1. 1 Dyer, (g) Jenk. 210. See the cases, Com. 1. pi. 7. 30. b.pl. 208. Cro. Jac. 17, Dig. Grant, G. 1. and Assignment, D. 82. 17 Vin. Ab. 88. Prerog. M.h. 17 Vin. Ab. 145. Prerog. I. c. 2. and (b) Vin. Ab. ubi svpra. Bro. Ab. Ibid. 83. i»/. b. 3. Bac. Ab. Prerog. Chose in Action, pi. 1 1- F- 3. (c) Vin. Ab. Bro. Ab. Patents, pi. 98, {h) Ante, 386, note {h). Chose in Action, pi. 14. 11 Co. R. 12. (i) T. Raym. 241. 1 Chalmers' Col- See Leon. 21. 3 Leon. 198. 17 Vin. lection of Op. 131. 2 Lev. 171. Or Ab. 79. tit. Prerog. G. b. 3. in which it forfeited property before forfeiture, is said, that the King may, by special Ante, 385. words, grant a right of entry and a real (A) Hob. R. 208. See ante, 253, &c. action. as to grants of property seized under (rf) Owen, R. 2. offices. (e) See Hob. 258. And as to the re- (/) Bro. Ab. Patents, pi. 53. Y. B. Diedy, &c. see ante, 322 ; Extents. 6 H. 7. 4. clergy ;