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1824. Excerpt: ... PART II. This Writ, when granted on behalf of a
Subject, seems formerly to have been considered a Writ of Grace,
and, as we are told, it " used to "be granted at the mere pleasure
of the Court, "on affidavit, or, other matter, shewing the par"ty
designed to go out of the Realm to the other "party's damage (1)."
"It is said, however, to have been settled by "the Lord Keeper
Wright, that it being a rec medial Writ, is, as such, upon due
application "by petition, or, motion, to be granted the subject
(2)." Conformably to this doctrine, the Court formerly granted the
Writ, without any Bill hav (1) Practical Reg. (Ed. Wyatt) p. 289.
Curs. Cane. 465. (2) Pract. Reg. (Ed Wyatt) 289. Curs. Cane. 455.
ing been previously filed (3). But it is now, I apprehend, clearly
settled, that this Writ ought not to issue, unless a Bill has been
previously filed, or, in other words, there be an existing suit
(4). As a preliminary observation, it should not be omitted, "that
the writ cannot issue where the "Plaintiff is out of the
jurisdiction. There is "(says Lord C. Eldari) no instance of it;
and "great inconvenience would result from pre-" "venting a party
returning home to settle the "account, on the application of a
Plaintiff, who "may never come here. If an account is to be "taken,
how is he to proceed against the Plain-tiff (5)?" (3) Lloyd e.
Cardy, Free. Ch. 171. Anon. Ca. cited in ex-parte Bruncker, 3 P.
Wins. 312; and see note K there. From a MS. note of Ex-parte
Bruncker in my possession, the precedent of Lord Cowper's, referred
to in that case, was Hendry qui tarn, Use. v. Richardson, in July,
1708, of which my MS. note of Ex-parte Bruncker makes Lord Talbot
observe, "that the Crown and public revenue were there "concerned."
See also Register's statement in Rod...
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