Claims against the Colonial Government Act (1876 No 18a) (NSW)

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V I C T O R I A REGIN^E.

No. XXXVIII.

An Act to enforce Claims against the Colonial Government and to give Costs in Crown Suits. [Reserved—23rd March, 1876.]

BE it enacted by the Queen ' s Mos t Exce l l en t Majesty by a n d

wi th

t he advice and consent of t he Legis la t ive Council and Legisla­ the au thor i ty of t he same as follows :—•

t ive Assembly of N e w South Wales in P a r l i a m e n t assembled and by

1. The Ac t s twen t i e th Victor ia n u m b e r fifteen and twen ty-

four th Victoria n u m b e r twenty-seven except as to proceedings a l ready
commenced unde r t he said Acts are hereby repealed.

2. A n y person hav ing or deeming himself to have any j u s t c la im or demand whatever against t h e Government of th is Colony m a y set forth t h e same in a pet i t ion to t he Governor p ray ing h im to appoint a nomina l defendant in t he m a t t e r of such pe t i t ion and the Governor

w i th t he advice of t he Execu t ive Counci l m a y by notification in t he

Gazette appoint any person res ident in t h e Colony to be a nomina l

defendant accordingly Provided t h a t if wi th in one m o n t h after presenta t ion of such pet i t ion no such notification be made the Colonial

Treasurer for t he t ime bein" 1 shall be t he nomina l defendant.

3. The petitioner may sue such nominal defendant at law or in equity in any competent Court and every such case shall be com­ menced 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 A c t 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 neccssary 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 and costs adjudged against any such nominal defendant or costs awarded against the Crown or Attorney General under this Ac t out of any moneys in his hands then legally applicable thereto and forming part of or belong­
ing to the Consolidated Revenue of this Colony or thereafter voted by
Parliament for that purpose and in the event of such payment not being 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 but not upon any property real or personal
vested in it on behalf of the Imperial Government or to which
such last-mentioned Government has any claim or is in anywise
entitled.

8. The Judges of the Supreme Court may make general rules not inconsistent with this Ac t 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 may be cited as the " Claims against the Colonial

Government A c t . "

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