330 Scire facias to repeal, [Ch . XI I. Sec. III. representative was not aware {a). And it seems iiineral charges, expenses of probate, or taking out letters of administration, shall be first defrayed {h). The remedy by ouster le main if the diem clausit extremum ^ be unfounded will be considered in the next chapter (c). SECT. III. Scire Facias, to repeal Grants, SfC. The scire facias to repeal, or revoke, unfounded or im- provident grants of the Crown (d), is another prerogative jwocess which requires consideration. The King is, generally speaking, bound by his grants ; but this is only when they are not contrary to law either in themselves ; or void for uncer- tainty or deception ; or unjust as injurious to the rights and interests of third persons (e). Iii these cases the King jure regio, for the advancement of justice and right, may repeal his own grant {/). As if the King grant what by law he is restrained from granting {g) : or the grant be obtained by fraud or a false suggestion {h) : or be uncertain {i). So if an officer be guilty of acts which create a forfeiture of his office (k). (fl) 3 Price, R. 122. 1 Rol. Ab. 926. ter not being of record before testator's S. pi. 1. Per Choke, if the King's death, Anon. 2 Rol. Ab. 159. And see debt, in such case, be not of record, Parker, 260. then it cannot be pleaded in bar J aliier, (i) 1 Rol. Ab. 926, F. pi. 1. if it is. 21 E. 4. fol. 21. pi. 2. 1 An- (c) Post, 548. derson, 129. But see Moor, 193. A (d) Ante, 250, as to *c/Ve/ac/af on in- judgment recovered against the testa- quests of office in general: andante, tor, shall be preferred by the executor 271, as to scire facias on extents, to a bond assigned to the King after (e) See post, ch. 16.8. 1 and 3. testator's death. Lane, 65y aliter, if (/) 4 Inst. 88. the judgment had been recovered {g) Ibid. 3 Bla. Com. 260. Though against the executor. Attorney-Gene- if the patent be void in itself, non con- mi V. Hart, Trin. 1686, in Socio. MSS. cessit may it seems be pleaded without Bingham on Execution, 212, note. a scire facias, 2 Rol. Ab. 191, S. pi. 2. Where, after the death of B, a bond en- (A) Ibid. Bro. Patent, 14; Peti- tered into by him to y4, the Crown credi- tion, 11. 11 Rep. 74, b. 2 Rol. Ab. tor is seized under an extent against the 191, T. Dyer, 197. obligee, the executor of B. may pay a (i) 5 Bac. Ab. Prerogative, 602. judgment creditor of his testator in (k) Dyer, 197, b; 198, a; 210,211. preference to the, Crown debt ; the lat- Ante, 85. as to forfeitures of offices. If
