Claims against the Government and Crown Suits Act 1897 (NSW)

Act No. 30, 1897.

An Act for consolidating enactments relating to Claims against the Government and Crown Suits. [C)th December, 1897.]

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. This Act may be cited as the " Claims against the Govern-1 mcnt and Crown Suits Act, 1897."
2. (i) The Acts mentioned in the Schedule to this Act are, to: to the extent therein expressed, hereby repealed.
(n) All rules of Court made under the authority of any Act - hereby repealed, and being in force at the time of the passing of this' Act shall be deemed to have been made under the authority of this Act.

resident in New South Wales to be a nominal defendant accordingly.

3. (i) Any person having or deeming himself to have any just <

claim or demand whatever against the Government of New South] Wales 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 may by notification in the Gazette appoint any person

(II) If within one month after presentation of such petition no such notification is made the Colonial Treasurer shall he the nominal defendant.

4. The petitioner may sue such nominal defendant at law or in equity in any competent Court, and every such case shall he 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.

5. The nominal defendant in any case under this Act shall not be individually liable in person or property by reason of his being such defendant.

6. I n any action or suit under this Act all necessary judgments, decrees, and orders may be given and made, including every species of relief whether by way of—

(a) specific performance ; or

(b) restitution of rights ; or

(c) recovery of lands or chattels ; or

(d) payment of money or damages.

7. I n any information, action, suit, or other proceeding by or on behalf of the Crown in respect of any property of the Crown, the proceeds, or rents, or profits whereof by any Act now in force or hereafter to be passed are to be carried to the consolidated revenue fund of New South Wales, or in respect of any money due to the Crown by virtue of any Act relating to the public revenue, costs shall follow or may be awarded as in an ordinary case between subject and subject.

8. (I) The Colonial Treasurer shall pay—

(a) all damages and costs adjudged against such nominal defendant; or

(b) costs awarded against the Crown or Attorney-General

out of any moneys in his hands then legally applicable thereto and forming part of or belonging to the consolidated revenue or voted by

sixty days after demand, execution may be had for the amount and	Parliament for that purpose. (II) In the event of such payment not being made within
levied upon any property vested in the Government but not upon any property—

(a)	vested in the Government on behalf of the Imperial Govern­ ment ; or
(b)	to which the Imperial Government has any claim or is in any­ wise entitled.

9. Costs recovered by or on behalf of the Crown shall be paid into the Treasury and become part of the consolidated revenue.

10. (I) The Judges of the Supreme Court or any three of them may make general rules for carrying this Act into effect.

(II)

(n) Such rules shall not bo inconsistent with this Act, and

on being published in the Gazette shall have tbe force of law.
(in) 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 davs after the commence- ment of the next ensuing session.

(iv) If either House shall at any time by resolution disapprove of such rules, the rules so disapproved of shall on notifica- tion of such resolution to the Chief Justice cease and determine.

SCHEDULE.

Reference to Act. Title of Act. Extent of Repeal.

20 Vic. No. 3 ... An Act for the payment of costs in pro- The whole.

ceedings instituted on behalf of the Crown in matters relating to the revenue. and for the amendment of the procedure and practice in Crown Suits.

39 Yic. No. 38 ... Claims against the Colonial Government Act The whole.