Claims against the Government Act 1853 (SA)

No. 6.

At Act to give relief to Persons having Claims agaiwt the

Local Government of South Australia, by autlhorizing them to try the validity of such Claims in a Court o f

Law or Equity.

[Assented to, 23rd November, 1853.1

HEREAS dis utes and differences have arisen, and may here- Preamble.

W after arise. 9- etween the- of Her Majesty the Queen " "

and Her hlaiestvis Local Govemxhent in the Province of south Australia, the S-matter of which disputes and differences has arisen. or mav anse. within the said Province: And whereas the ordin& remehy, bYy~etit ion of %is of limited o erat' n, is in-

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b335mrnent of the .Provmce of South Australia, which may have aovcmor for redress.

arisen, or may hereaRer arise? within the said Province, G shall

and may be - lawful for any person or persons having such disputes

or diffqences, to resent a Petition to the Lieutenant-Governor

for the time b e i n h r o v i n c e, setting forth the particuk,rfi

of the claim of such Petitioner or Petitioners, to whlch k'etitiojl

sufficient to meet all S c h cases, can only be o b t a l ~ n g l a n d. c"

and is attended with great expense, m&nvenience,-and a&$	Be it therefore Enacted by his Excellency the Lieutenant-Governor
of S ~ u ' ~ s t r a l i a, by and with the advice and consent of the Legislative Council thereof, and by the authority of the aame, as follows:

1. In all cases of dis ute or difference touching an ecunjnr Perwnshavin claims

claim, b m a n y t*o f m ' 8. j e s t i - and t e ~~ 0 onla ~ a i ~ s t u d ment may petition 8 oran-

of the Supreme Court of the mid Province, to the effect, that such

Petitioner or Petitioners has or have, in the opinion of such

J	Barrister, a roper case for redress, or cause of com~laint against
such L d 8 overnment,. which P&oG shag, within fourteen days

a~m	to	referred from the	resentation thereof, be referred by the Governor to the
for tnd

Supreme court of the said P r o v i n w r i a l by a j q or 0th-

as U C ~ CO& sh# q h r such refer@-ovided alwayy

d i n case the Governor, *th the advice of hie Executive Council, shall certify, in writing, endorsed on any such Petition so to be presented as aforesaid, that in his opinion the subject-matter

claim BfiDeiins of such Petition affects the Royal prerogative, it shall and may be

rogativebbermrved. lawful for the Governor to transmit the same to Her Majesty's

Principal Secretary of State for the Colonies for the signification of Her Majesty's approval or disapproval; and if such Petition be returned with Her Majesty's approval, the same proceedings as are hereinbefore directed shall be taken for the trial of the matter thereof; but in case of such Petition being returned without such approval, the same, together with the endorsation thereon.and the redsons assigned for withholding such approval, shall be forthwith uublished in the South .-lustralian Government Gazette, in which 'case the remedy hereby provided shall not be had.

Governor to name

2. At the time of such reference for trial as aforesaid, the Goverkr XaI l name some person or persons to be a Nominal Defendant or Defendants in the matter of such Petition, the Pe- titioner or Petitioners being the Plaintiff or Plaintiffs therein:

Nominal dofendant

Provided that nothing in this Act shall be construed to extend so as

not personally.

to subject any such Nominal Defendant to any individual respon-

responsible.

sibility in person, goods, chattels, estate, or otherwise, by reason

of his being such Nominal Defendant.

nominal defendant.

k 2 0 t ex- 3. No person or persons having any such claim, difference, or dispute, as hereinbefore mentioned, which shall or may have arisen before the assine: of this Act,, shall be excluded from remedy M o v i s ~ n s thereof by reason of lapae of time, nor shall

v rellgon of

lapse of tirne.

any Nominal Defendant be ermitted to plead, or in any way avail

himself of any Statute of E imitation in respect of any such last

mentioned cla~m, difference, or dispute: Provided --- that such petition

as herein authorked be duly presented in respect of any <c t -

pntioned claim, difference, or-ute, within the p e r i o h w o _ - I_

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years from the passing of this Act. - 1_1

Bupreme Court to

matre m1ea 4. The said Supreme Court shall and may make such rules or orders for the regulation of the proceedings on any such Petition as to such Court shall seem necessary; and the parties thereto

. 1 shall have the ?me rights, either by way of appeal, rehearing,

motion for reversal of verilicts, or otherwise, as in ordinary cases

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of law or e g ~ t y.

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5. Costa of suit s h d follow o p A - s i d e as in ordinary cases

betweemor@, any m- practic to tbe,contrary notwithst.rtn

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6. It shall lawful for the Governor to satisfy and pay any Chimfi to *p.id ant

jUdgmellt > e c o v e e any such Petitioner or Petitioners, out of of Genaral Revenna.

my available balance of the Ordinary Revenue of the said Province,

tb ertom the 'decree or decrees of the said Court or Judge, /

in terms%such decree or decrees.

7. This Act shall take effect and be in force immediately after Commencement.

the passing thereof. Z'~?WV --v -

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ADELAIDB : Printed by authority by W. C. Cox, Gorernment Printer, Victoris-~qnara