Petition

A written address, embodying an application or prayer from the person or persons preferring it, to the power, body or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong or the grant of some favor, privilege or license.

In practice. An application made to a court ex parte, or where there are no parties in opposition, praying for the exercise of the judicial powers of the' court in relation to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for leave to sell trust property, etc. The word "petition" is generally used in judicial proceedings to describe an application in writing, in contradistinction to a motion, which may be vivo voce. Bergen v. Jones, 4 Mete. (Mass.) 371. In the practice of some of the states, the word "petition" is adopted as the name of that initiatory pleading in an action which is elsewhere called a "declaration" or "complaint." See Code Ga. 1882, § 6332.

In equity practice. An application in writing for an order of the court, stating the circumstances upon which it is founded; a proceeding resorted to whenever the nature of the application to the court requires a fuller statement than can be conveniently made in a notice of motion. 1 Barb. Ch. Pr. 578.

— Petition de droit. L. Fr. In English practice. A petition of right; a form of proceeding to obtain restitution from the crown of either real or personal property, being of use where the crown is in possession of any hereditaments or chattels, and the petitioner suggests such a right as controverts the title of the crown, grounded on facts disclosed in the petition itself. 3 Bl. Comm. 256.

— Petition in bankruptcy. A paper filed in a court of bankruptcy, or with the clerk, by a debtor praying for the benefits of the bankruptcy act, or by creditors alleging the commission of an act oi bankruptcy by their debtor and praying an adjudication of bankruptcy against him.

— Petition of right. In English law. A proceeding in chancery by which a subject may recover property in the possession of the king. See Petition de DROIT.

— Petition of rights. A parliamentary declaration of the liberties of the people, assented to by King Charles I. in 1629. It is to be distinguished from the bili of rights, (1689,) which has passed into a permanent constitutional statute. Brown.