Claims against Crown Act (1875 No 7a) (NSW)

ANNO TRICESIMO OCTAVO

V I C T O R I E R E G I N E .

No. XI.

tive Assembly of New South Wales in Parliament assembled and by the advice and consent of the Legislative Council and Legisla­ the authority of the same as follows :—	BE it enacted by the Queen's Most Excellent Majesty by and with
1. The Acts twentieth Victoria number fifteen and twenty- fourth Victoria number twenty-seven except as to proceedings already commenced under the said Acts are hereby repealed.
2. Any person having or deeming himself to have any just claim or demand whatever against the Government may set forth the same in a petition to the Governor praying him to appoint a nominal defendant in the matter of such petition and the Governor with the advice of the Executive Council may by notification in the Gazette appoint any person resident in the Colony to be a nominal defendant accordingly Provided that if within one month after presentation of such petition no such notification be made the Colonial Treasurer for
the time being shall be the nominal defendant.

An Act to enforce Claims agains t the Crown.

[Reserved—18th May, 1875.]

3. Any such petitioner may sue such nominal defendant at law or in equity in any competent Court and every such case shall be commenced in the same way and the proceedings and rights of parties therein shall as nearly as possible be the same and judgment and costs shall follow or may be awarded on either side as in an ordinary case between subject and subject.

4. The nominal defendant in any case under this Act or arising from the working of this Act shall not be individually liable in person or property by reason of his being such defendant.
5. In any action or suit under this Act all necessary judgments decrees and orders may be given and made and shall include every species of relief whether by way of specific performance or restitution of rights or recovery of lands or chattels or payment of money or damages.
6. In any action or suit by the Crown or Attorney General on behalf of the Crown costs shall follow or may be awarded as in an ordinary case between subject and subject.
7. The Colonial Treasurer shall pay all damages or costs adjudged against any such nominal defendant or against the Crown or Attorney General under this Act out of any moneys in his hands for the time being legally applicable thereto or which may hereafter be voted by Parliament for that purpose and in the event of such pay­ ment not being duly made within sixty days after demand execution may be had for the amount and the same be levied upon any property vested in the Government of this Colony.
8. The Judges of the Supreme Court may make general rules not inconsistent with this Act for carrying the same into effect and such rules on being published in the Gazette shall have the force of law provided that copies of all such rules shall be laid before both Houses of Parliament within seven days after publication thereof or if Parliament be not sitting then within seven days after the com­ mencement of the Session next following such publication and if either House shall at any time by resolution disapprove of such rules or any of them the rule or rules so disapproved of shall on notification of such resolution to the Chief Justice cease and determine.

9. This Act shall be styled and may be cited as the " Claims

against Crown Act."