No. XV.
An Act to give relief to persons having Claims
against the Government of New South Wales.
| [Reserved—12th | February, | 1857.] |
| WHEREAS | disputes | and | differences | have | arisen | and | may | here- |
after arise between the subjects of Her Majesty the Queen and H e r Majesty 's Local Government in t h e Colony of N e w South Wales the subject m a t t e r of which disputes and differences has arisen or may arise wi th in t h e said Colony A n d whereas t h e ord inary remedy by Pe t i t i on of r igh t is of l imited operat ion and is insufficient to meet all such cases and is a t t ended with grea t expense inconvenience and delay Re it therefore enacted by t h e Queen ' s Mos t Excel len t Majesty by and wi th the advice and consent of t h e Legislat ive Council and the Legislat ive Assembly of N e w South Wales in P a r l i a m e n t assembled and by t h e au thor i ty of t h e same as follows :—
| such advice as aforesaid to t r a n s m i t t h e same to H e r Majes ty ' s P r i n cipal Secretary of State for t he Colonies for the signification of H e r Majesty 's approval or disapproval and if such Pe t i t ion be r e t u r n e d wi th | H e r |
1. I n all cases of d ispute or difference touch ing any claim be tween any subject of H e r Majesty and the Colonial Governmen t of t he Colony of New South Wales which may have ar isen or may here after arise wi th in t h e said Colony it shall and m a y be lawful for any person or persons hav ing such disputes or differences to presen t a Pe t i t ion to t he Governor of the said Colony set t ing forth t he pa r t i cu la r s of t he claim of such Pe t i t ioner which Pe t i t ion shall wi th in fourteen days from the presenta t ion thereof be referred by the Governor to his Execu t ive Council and if t h e said Governor shall wi th t he advice of his Execu t ive Counci l t h i n k fit t h e said Pe t i t ion shal l be referred to t he Supreme Cour t of t h e said Colony for t r ia l by a j u r y or otherwise as such Cour t shall after such reference direct Provided always t h a t in case t h e Governor wi th t h e advice of his Execu t ive Counci l shall certify in wr i t ing indorsed on any such Pe t i t i on so to he presented as afore said t h a t in his opinion t h e subject m a t t e r of such Pe t i t ion affects t h e
| Roya l Pre roga t ive it shall and m a y be lawful | for t he | Governor w i th |
| H e r Majes ty ' s approva l t h e | same proceedings as a re | hereinbefore |
| directed | shal l be t a k e n | for t h e t r ia l of t h e m a t t e r thereof b u t in case of |
| such Pe t i t i on be ing r e tu rned wi thou t | such approval t he same | toge the r |
| w i th t he indorsa t ion the reon and t h e reasons assigned for | w i thho ld ing |
| such approva l shal l be for thwi th publ ished in t h e New | |
| Government | Gazette | in which case t h e r emedy hereby provided | shall |
| no t be had . |
| 2. A t t h e t i m e | of such reference for t r ia l as aforesaid | t h e |
Governor w i th such advice as aforesaid shal l n a m e some person or persons to be a nomina l defendant in t he m a t t e r of such Pe t i t ion t h e
| Pe t i t ione r be ing t h e plaintiff | there in | Provided | t h a t | n o t h i n g | in | th i s |
A c t shal l be cons t rued to ex tend so as to subject any such nomina l defendant to any individual responsibi l i ty in person goods chat te ls es ta te or o therwise by reason of bis be ing such nomina l defendant.
| 3. I t shal l be lawful for t h e J u d g e s | of t h e Sup reme | Cour t or |
any two of t h e m to m a k e all such genera l ru les and orders for t h e regula t ion of t h e p lead ings prac t ice or proceedings on a n y such Pe t i t ion as to such Cour t shall seem necessary for t h e purpose afore said a n d all such ru les orders or regula t ions shall be laid before both Houses of t h e P a r l i a m e n t of t he Colony if P a r l i a m e n t be t h e n s i t t ing
| immedia te ly u p o n t h e | m a k i n g of | t h e | same or | if | P a r l i a m e n t | be | not |
| s i t t ing t h e n wi th in five days after | t he n e x t mee t ing thereof | and every |
ru le a n d order so m a d e shall be of t he l ike force and effect as if the provisions conta ined the re in had been expressly enacted by Par l ia m e n t Provided always t h a t it shall be lawful for t h e Governor w i t h
| t h e advice of | t he Execu t ive Counci l | i n H e r | Majesty 's | n a m e | by a n y |
| P roc l ama t ion inser ted in | t h e | Government | Gazette | a t any t i m e | wi th in |
| t h r ee m o n t h s after t he m a k i n g of any such ru le or order or | for | e i ther |
| of | t h e | Houses | of | P a r l i a m e n t | by any Reso lu t ion passed a t | any t ime |
| wi th in three m o n t h s n e x t after such ru les orders and regula t ions | shall |
have been laid before P a r l i a m e n t to suspend the whole or any pa r t of such rules orders or regula t ions and in such case t h e whole or such p a r t thereof as shal l be so suspended shall no t be b ind ing and obligatory-
4. The par t ies to any such proceeding shall have the same rights e i ther by way of appeal r ehear ing mot ion for a new t r ia l or otherwise as in o rd ina ry cases a t law or in equi ty .
5. Costs of sui t shall follow on e i ther side as in ordinary cases
| be tween sui tors any law or pract ice to | t h e | con t ra ry | no twi ths t and ing . |
| G. I t shall be lawful for t h e | Governor w i t h t h e advice of t h e |
Execu t ive Counci l to satisfy a n d pay any j u d g m e n t or decree recovered by any such Pe t i t ioner out of any available balance of t h e Consolidated R e v e n u e of t he said Colony and to perform the j u d g m e n t or decree of
| t h e said Cour t | in t e r m s of such j u d g m e n t | or decree. |
| 4 | E — V O L . | 4. | No. | X V I . |