PETITION OF RIGHT, Eng. law. When the crown is in possession, or any title is vested in it which is claimed by a subject, as no suit can be brought against the king, the subject is allowed to file in chancery a petition of right to the king.
2. This is in the, nature of an action against a subject, in which the petitioner1 sets out his right to tbat which is demanded by him, and prays the king to do him right and justice; and, upon a due and lawful2 trial of the right, to make him restitution3. It is called a petition of right, because the king is bound of right to answer it, and let the matter therein contained be determined4 in a legal way, in like manner as causes between subject and subject. The petition is presented to the king, who subscribes5 it, with these words, soit droit fait al partie, and thereupon it is delivered to the chancellor6 to be executed according to law. Coke's Entr. 419, 422 b; Mitf. Eq. Pl. 30, 31; Coop. Eq. Pl. 22, 23.
PETITORY. That which demands or petitions that which has, the, quality of a prayer or petition; a right to demand.
2. A petitory suit or action is understood to be one in which the mere7 title to property is to be enforced by means of a demand or petition, as distin-guished from a possessory suit. 1 Kent, Com. 371.
3. In the Scotch8 law, petitory actions are so called, not because something is sought to be awarded by the judge, for in that sense all actions must be petitory, but because some demand is made upon the defender9, in consequence either of the right of property or credit in the pursuer. Thus, actions for restitution of movables, actions of pounding, of forthcoming, and indeed all personal actions upon contracts, or quasi contracts, which the Romans called condictiones, are petitory. Ersk. Inst. b. 4, t. 1, n. 47.
PETTY AVERAGE. A contribution by the owners of the ship, freight and goods on board, for losses sustained by the ship and cargo10, which consist of small charges. Vide Average.
PETTY BAG, Engl. law. An office in the court of chancery, appropriated for suits against attorneys and officers of the court; and for, process and proceedings11, by extent on statutes12, recognizances, ad quod damnum and the like. T. de la Ley.
PETTIFOGGER. One who pretends to be a lawyer, but possessing neither knowledge, law, nor conscience.
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