Crown Suits Act 1898 (WA)
Miami %ttztratta.
ANNO SEXAGESI MO SEGUNDO
VICTORIA] REGINA:.
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No.
AN ACT to facilitate the Protection and Recovery of Crown Property, and the Enforce- ment of Claims against the Crown.
[Assented to, 2gth October, IS'9e.]
the Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and
Parliament assembled, and by the authority of the same, as follows :-
1. THIS Act may be cited as the Crown Suits Act, 1898, and Short title.
shall come into operation on the first day of January, One thousand Commencement.
eight hundred and ninety-nine.
| 2. | Tins Act is divided into parts, as follows: | Division of A et. |
PART 1.—GENERAL SS. 3-7 :
PART [I.—RECOVERY OF DEBTS AND PROPERTY BY
THE CROWN: SS. 8-21:
PART III.—MODE OF ENFORCING CLAIMS AGAINST THE
CROWN : SS. 22-37.
62° VICTORUE, No. 9.
Crown Suits.
3. IN this Act, unless the context otherwise indicates-
| Definitions. | " Court " means the Supreme Court of the Colony of |
Western Australia, or any Judge thereof :
" Crown " means Her present Majesty, and includes Her heirs and successors:
" Fine " shall include a penalty :
"Justice " means a Justice of the Peace:
" Law Officer " means the Attorney General, or the Crown
Solicitor, or some other person authorised by the
Attorney General.
| Repeal. | 4. | (r.) THE Acts mentioned in the First Schedule to this Act |
| First Schedule. | are hereby repealed. |
| Saving. | (2.) Such repeal shall not affect anything lawfully done or commenced under the Acts hereby repealed, or either of them. |
(3.) All proceedings of whatever kind by or on behalf of or
Proceedings may be against the Crown commenced before the coming into operation of
continued, do.
this Act, and all rights accrued or liabilities incurred or proceed- ings for causes of action arising prior to the coming into operation of this Act may be enforced, continued, commenced, and prosecuted in like manner as if tins Act had not passed.
5. NOTHING in this Act contained shall
| Crown rights | (l.) Prevent the Crown from commencing and taking pro- |
| preserved. | ceedings for the recovery of any debt, damages, duty, |
| Crown may take pro- | |
| ceedings other than | sum of money, land, or goods in any court of competent |
| under this Act. | jurisdiction, which prior to the coming into operation of this Act could have been commenced and taken in any such court ; |
| Statutory and other | (2.) Interfere with or in any way restrict any privilege, power, which is vested in the Crown or any person on its behalf, in respect of all or any of the matters within the pro- visions of this Act ; |
| rights of Crown | or authority, whether conferred by statute or otherwise, |
| reserved. |
| Statutory immuni- | (3.) Affect or restrain any enactment whereby the Crown or liability for anything clone under or in pursuance of such enactment, or are subjected to any liability by such enactment. |
| ties and liability of | any of its officers, agents, or servants are exempt from |
| Crown not affected. |
| Reference to | 6. WHENEVER reference is made in any statute or document |
| repealed Acts. | to any Act hereby repealed or to any part thereof, such reference shall, so far as applicable, be deemed to be made to this Act and the corresponding part hereof. |
62° VICTORI2E, No. 9.
Crown Suits.
THE judges of the court or any two of them may from time to time make, alter, and repeal such rules as the y Rules of procedure.
7.
think necessary for regulating and conducting the practice and mode of procedure under this Act, in all instances in which the practice and mode of procedure in civil actions between subject and subject are or shall be applicable.
| (2.) All rules and orders of court in force in the Supreme Court at the time when this Act comes into operation, with reference | Present rules re | - |
| pealed. | ||
| to matters within the provisions of this Act, are hereby repealed. | ||
| (3.) Copies of all rules made under this Act shall be laid before Parliament within fourteen days from the making thereof if Parliament shall be then in session, and, if not, then within fourteen days after the commencement of the next session thereof. |
PART IL—RECOVERY OP DEBTS AND PROPERTY BY THE CRO WN.
8.
| ALL debts, damages, duties, sums of money, land or goods due, payable, or belonging to the Crown, may be sued for and | Mode of recovering |
| Crown debts. | |
| recovered by the means and in the manner prescribed in this Act. |
| 9. (1.) WHENEVER any fine, with or without costs, is | Pines to be recover- |
| imposed upon any person, in addition to any other remedy or | able by judgment. |
| procedure for the recovery thereof, a judge of the court by which or | |
| the justice by whom such fine has been imposed, if the same is not | |
| immediately paid, together with the costs (if any), may, by writing | |
| under his hand, in the form contained in the Second Schedule to | Second Schedule. |
| this Act or to the like effect, certify that fact, together with the name and place of abode or business of the person on whom such fine has been so imposed, and the cause and amount of such fine ; and shall deliver or send by the post to a law officer such writing. | |
| (2.) Upon receipt of such certificate, the law officer may cause a final judgment to be signed in the Supreme Court for the | Judgment may be |
| signed. | |
| amount of such fine and costs (if anY), and a further sum, not exceeding Five pounds for costs of such judgment, to be taxed. | |
| (3.) Every such judgment may be in the form contained in the Third Schedule to this Act or to the like effect, and shall be | Form of judgment. |
| Third Schedule. | |
| final unless the conviction in respect of which such fine has been imposed is set aside or quashed on appeal, where the right of appeal from such conviction exists, in which case such judgment shall be set aside. |
10. WHENEVER any person has entered into any recog-
| nisance to the Crown, and such recognisance is forfeited | due |
| , in addi- recognisance | D | obey to be |
tion to any other remedy or procedure for the recovery or enforce- recovered by judg-
ment thereof, a judge of the court before which or the justice meat.
62° VICTORIA, No. 9.
Crown Suits.
before whom the same is forfeited may cause such recognisance to
be estreated ; and every such estreat shall be effected as follows :—
| Certificate of | ( I.) Such judge or justice may, by writing under his hand Act or to the like effect, certify that such forfeiture has taken place, and shall deliver or send by the post to a law officer the said recognisance and writing. |
| forfeiture. | in the form contained in the Fourth Schedule to this |
| Fourth Schedule. |
| Judgment may be | (2.) Upon receipt thereof the law officer may cause a |
| signed. | final judgment to be signed in the Supreme Court for the amount of such recognisance, and a sum not exceeding Five pounds for costs, to be taxed. |
| Form of judgment. | (3.) Every such judgment may be in the form contained in the Fifth Schedule to this Act or to the like effect, and no writ of error or appeal shall lie or be had therefrom. |
| Fifth Schedule. |
| Other debts and | 11. (I.) WHENEVER any debt, duty, or sum of money is clue |
| duties to be | to the Crown, otherwise than upon or by virtue of any recognisance, |
recovered by Crown the Crown may cause to be sued out of the Supreme Court a writ of
suit.
summons, or, in case the claim or demand is within the jurisdiction of an inferior court, the ordinary process of such court, in like manner as in actions between subject and subject.
(2.) Every such writ or other process shall be served by the sheriff or any of his officers or agents, or the bailiff or other officer of an inferior court as the case may be, and shall be deemed and taken to be the commencement of a Crown suit.
(3.) It shall not be necessary to indorse the address of the plaintiff on any such writ or other process.
| Writ not to be | 12. NO such writ or other process shall be issued except upon |
| issued without fiat | a fiat under the hand of a law officer, in the form contained |
| Sixth Schedule. | in the Sixth Schedule to this Act or to the like effect. |
13. (l.) IN lieu of the statement of claim in an action between
| Fo | . ofinfor- |
| mation. | subject and subject, an information shall be filed or delivered, as the case may be, by a law officer for and on behalf of the Crown. |
| Complaint to be | (2.) Such information shall set forth the cause of complaint |
| stated. | in the same manner and form as nearly as may be as in any such statement of claim as aforesaid. |
62° VICTORDE, No. 9.
Crown Suits.
| in the form contained in the Seventh Schedule to this Act or to the Seventh Schedule. | (3 .) Every such information shall commence and. conclude |
like effect.
| 14. THE time, form, and manner of process and proceedinu in | Proceedings to he |
| any Crow suit, except where it is otherwise provided by this Part the same as in | n |
any civil action between subject and subject.
of this Act, shall be the same, as nearly as may be, as by any law or actions.
rule of practice or pleading now or hereafter to be in force in the
| quent to trial, and all appeals may be made, granted, and New trial, &c. | 15. ALL motions for judgment, and other motions subse- |
allowed in the same manner and upon the same terms in all respects as by any law or rule of practice is directed in any civil action between subject and subject.
| 16. (1 .) THE possession of land belonging to the Crown may | Suits relating to |
| be recovered and obtained by proceedings in the same form, as nearly | land or goods. |
| as may be, as in an action for the recovery of land between subject and subject. | |
| (2.) The possession of goods, or damages for detaining, taking, damaging, or for converting goods, or for trespassing upon land, or | Suits relating to |
| goods and damages. | |
| for breach of contract, may be recovered in the same manner as is hereinbefore directed with respect to any debt, duty, or sum of money due to the Crown otherwise than upon or by virtue of a recognisance. |
| (3.) In any Crown suit the Crown shall be entitled to the like remedies, by way of injunction or otherwise, as are available to like remedies as | Crown entitled to |
| the plaintiff in an action between subject and subject. | subject. |
| 17. IN all Crown suits in the nature of ejectment or detinue, | Execution in eject- |
| such writs of execution as by any law or rule of practice are | ment and detinne. |
| or can be issued in any civil action of the same nature between subject and subject for the recovery of land, goods, or writings may be issued on behalf of the Crown. |
| 18. IN all pleadings and proceedings under this part of this | Title of the cause |
| Act, and in all affidavits, notices, consents, summonses, and rules to | and costs of suit. |
| be used therein, the title of the cause or proceeding's shall be stated to be " The Crown" against the person sued (naming him), and no other title whatsoever shall be necessary ; and the Crown shall be entitled to full costs of suit in all cases in which a plaintiff in any civil action between subject and subject would be entitled thereto. |
62° VICTORIYE, No. 9.
Crown Suits.
| Lien on real estate | 19. WHENEVER a defendant, in any proceedings under this |
| may be filed. | Part of this Act, is entitled to a beneficial interest in any lands situate within Western Australia,— |
| Ninth Schedule. | A memorandum of the commencement of such proceed- ings, in the form contained in the Ninth Schedule to this Act or to the like effect, under the hand of a law officer, may be filed with the Registrar of Deeds and Registrar of Titles, who shall forthwith enter the particulars of such memorandum in a book to be called "The Registry of Crown Debts." |
| Memorandum to | ( 2 .) | Every such memorandum shall create a lien upon such |
| create a lien. | lands for all moneys and costs which are recovered by the Crown against the defendant in such proceedings, and shall have priority over all claims against such lands which are unregistered or not protected by caveat at the time of filing such memorandum. |
Upon the production of a certificate of a law officer that
| Lien discharged on | (3.) |
| production of | such proceedings have been terminated and the claim |
| certificate. | of the Crown satisfied, the Registrar of Deeds or Titles (as the case may require) shall make an entry in the Registry of Crown Debts that such lien has been discharged. |
| When Crown suc- | 20. | IN all legal proceedings whatsoever, instituted by or on |
| cessful in proceed- | behalf of the Crown against any corporation or person or persons, a |
| ings, Crown may | law officer shall be entitled to recover costs for and on behalf of the |
| recover costs. | Crown whenever a judgment, order, or decree is given or made in favour of the Crown, in the same manner and under the same rules, regulations, and provisions as are in force touching the payment, recovery, or receipt of costs in proceedings between subject and subject. |
21. WHENEVER in any legal proceedings under this part
Defendant' entitled
| to costs where of this Act a judgment, order, or decree has been given or made | Crown unsuccessful. against the Crown, the defendant shall be entitled, subject to the |
provisions of this Act, to recover costs in like manner and subject to the same rules, regulations, and provisions as though such pro- ceedings had been between subject and subject, and such costs shall be paid by the Colonial Treasurer, on the warrant of the Governor, out of the Consolidated Revenue Fund.
PART III.—MODE OF ENFORCING CLAIMS AGAINST THE CROWN.
(l.) SUBJECT to the provisions of this part of this Act, whenever any person has any claim or demand against the Crown which has arisen or accrued within Western Australia since the
22.
Subjects enabled to
sue the crown.
62° VICTORTIE, No. 9.
Crown Suits.
coming into operation of this Act, such person may set forth in a petition the particulars of his claim or demand as nearly as may be in the same manner as in a statement of claim in an action in the Supreme Court between subject and subject.
Ninth Schedule to this Act or to the like effect, and shall be Form of Petition.(2.) Such petition shall be in the form contained in the
filed in the Supreme Court in order that such court may proceed to Ninth Schedule.
hear and determine the same as hereinafter mentioned; and the
filing of such petition in the manner aforesaid shall be the
commencement of the suit, but an office copy of such petition shall
be delivered at the office of the Crown Solicitor, and such delivery
shall be equivalent to service of a writ, and delivery of statement of
claim in an ordinary action.
23. THE proceedings in the suit commenced by such petition ,
shall be conducted in the same manner and subject as nearly as may il,erifaidl!ngs on behalf of the Crown, deliver a statement of defence in answer to such petition within twenty-eight clays after such delivery as aforesaid of a copy thereof, or such further time as the court may allow.
be to the same rules of practice as in an ordinary action between
subject and subject ; and a law officer or any solicitor of the
| NOTWITHSTANDING anything in this part of this Act contained, the Governor may, at any time after the filing of such | Governor may |
| reserve petition | |
| petition, on the certificate of a law officer that in such law officer's | affecting preroga- |
| tive of Crown for | |
| opinion the matter of such petition affects the prerogative of the | its approval. |
| Crown, transmit the same to the principal Secretary of State for the Colonies for the signification of the Crown's approval, and, until such approval be given, all proceedings in such petition shall be stayed. |
24.
| IF such approval is not given by the Crown on the return of such petition, the same, with the indorsement thereon and the | Reasons to be |
| published in Gazette if petition not | |
| reasons assigned for withholding such approval, shall be forthwith | approved. |
| published in the Government Gazette, and no further proceedings shall be taken upon such petition, which shall be deemed to be dismissed without costs. |
25.
26. ALL pleadings after such petition shall be respectively
| delivered between the petitioner and a law officer, or such solicitor | IF)eotliittitimdandcineproof |
| as aforesaid ; and the statement of defence to such petition may be | eeedino.s. |
| in the form contained in the Tenth Schedule to this Act or to the Tenth Schedule. | e |
| like effect, awl shall, together with all subsequent pleadings, be entitled of the said court and of the clay and of the month and the year when the same is filed or delivered and shall bear no other time or date. |
62" VICTORDE, No. 9.
Crown Suits.
| Judgment or decree | 27. (1.) THE court shall give and pronounce such and the |
like judgment, order, or decree on any such petition as such court would give and pronounce in any action between subject and subject.
| Appeal. | (2.) An appeal from any such judgment, order, or decree shall lie and be had in the same manner as from any judgment, order, or decree of the court in any action between subject and subject. |
| costs. | (3.) The costs shall follow on either side as in ordinary cases in actions between subject and subject, any law or practice to the contrary notwithstanding.. |
| Security for costs | 28. IF the petitioner in any suit in the Supreme Court is an |
| may be required | uncertificated bankrupt or has, within twelve months from the |
| in certain eases. | commencement of the suit, liquidated or compounded with his creditors or is a person without fixed domicile in this Colony, a law officer may, upon affidavit setting forth the facts, apply to the court or to a judge thereof in chambers for an order that all proceedings in the suit be stayed until security for the costs thereof be given to the satisfaction of the Master of the Court, and upon being satisfied of the facts the court or judge shall order that all proceedings in the suit be stayed until such security is given. |
| Execution against | 29. EXCEPT as hereinafter mentioned, no execution or |
| the Crown. | attachment or process in the nature thereof shall be issued out of the court in any such action ; but after any such judgment, order, or decree as aforesaid against the Crown has been given or pronounced, the Registrar of the Supreme Court shall give to the |
| Eleventh Schedule. | petitioner a certificate in the form contained in the Eleventh Schedule to this Act or to the like effect, and sealed with the seal of the Supreme Court. |
| Effect of certificate. | 30. ON receipt of such certificate the Governor may cause to |
be paid out of the Consolidated Revenue Fund such damages as under the authority of this part of this Act are assessed to or in favour of any such petitioner, and also any costs which are adjudged or awarded to him by the court, and may also cause to be carried out any decree or order which is pronounced or made by the court.
| Execution against | 31. NOTWITHSTANDING anything hereinbefore contained, |
| the petitioner. | the Crown may enforce any such judgment, order, or decree as aforesaid against the petitioner by execution, attachment, or other process in the same manner as a defendant in any action between subject and subject could or might enforce the same. |
62° VICTORIAE, No. 9.
Crown Suits.
| in force as to pleading, evidence, hearing, trial, security for costs, tStatutes and ce s as | 32. SO far as they are applicable, the laws, statutes, and rules |
amendment, special cases, the means of procuring and taking to apply to petitions.
evidence, set-off, limitations, judgment, appeal, and all other laws,
statutes, and rules available as between plaintiffs awl defendants in
actions between subject and subject, and the practice and course of
procedure of the court in its legal and equitable jurisdiction
respectively, for the time being, in reference to such actions shall,
unless the court otherwise orders, be applicable and extend to pro-
ceedings on a petition under tins Part of this Act.
| 33. NO claim or demand shall be made against the Crown | What claims are |
| under this Part of this Act unless it is founded upon and arises out | within this Act. |
| of some one of the causes of action mentioned in tins section. Provided that nothing herein contained shall be deemed to give a cause of action for breach of contract which would not have arisen in like circumstances before the passing of this Act. |
Breach of any contract entered into by or under the
| lawful authority of the Governor on behalf of the | Breach of contract |
| Crown or of the Executive Government of the Colony, whether such authority is express or implied. |
A wrong or damage, independent of contract, done or
suffered in, upon, or in connection with a public 'torts.
work as hereinafter defined.
For the purposes of this section " public work " means any railway, tramway, road, bridge, building, electric telegraph, telephone, steamboat, dredge, harbour works, quarries, water works, jetties, cranes, or other work of a like nature, used by the Government of the Colony or constructed by such Government, awl the revenues derived from which form part of the Consolidated Revenue of the said Colony.
No action shall lie against the Commissioner of Railways
| (4 ) | under the Railways Act, 1878, or any amendment thereof, in respect of any claim or demand unless the same be founded upon, or arise out of some one of the causes of action before mentioned in this section, and subject to the provisions of the next following section. |
| 34. NO person, or the representatives or relatives of any person | Limitation of |
| deceased, shall be entitled to sue for or recover from the Crown, or any | damages. |
| Minister or officer of the Crown, any sum of money exceeding Two thousand pounds for or by reason of any personal injury sustained |
| by such person. | - |
62° VICTORHE, No. 9.
Crown Suits.
Claims within juris- 35. (i.) WHENEVER any person has any claim or demand courts. diction of inferior within the jurisdiction of any inferior court, such person may apply
to a law officer for his consent to the hearing and determination of such claim or demand in any such inferior court to be named in the application.
| With consent of | (2.) The law officer may, in his discretion, give or withhold |
| law officer may be | such consent, and upon such consent being given, the claim or |
| taken in inferior | demand may be heard and determined in such inferior court, in like |
| courts. | manner in all respects as in actions between subject and subject, and in all other respects, and so far as applicable, the provisions of this Part of this Act shall apply to such actions. |
| Notice of filing | 36. |
NO petition shall be filed unless and until one month's the Crown Solicitor, or forwarded by post to a law officer, signed by the party intending to file such petition, and such notice shall set out the nature of the claim and the relief sought.
| petition to be sent | previous notice in writing has been given to or left at the office of |
| to law officer. |
| Petition to be filed | 37. |
NO person shall be entitled to prosecute or enforce any claim or demand under this Part of this Act unless the petition setting forth the relief sought is filed within twelve months after the claim or demand has arisen.
within twelve
months.
In the name and on behalf of the Queen I hereby assent
to this Act.
ALEX. C. ONSLOW, Governor's Deputy.
62° VICTORI/E, No. 9.
Crown Suits.
SCHEDULES.
Section 4.
First Schedule.
| Date of Act. | Title of Act. | Extent of Repeal. |
| 2 Will. IV., No. 5 | " An Act to secure the payment of Debts | The whole. |
due to the Crown.''
| 31 Viet., No. 7 .. | "An Ordinance to facilitate proceedings | The whole. |
by persons having Claims against the
Government."
Second Schedule.
Section 9, Sub-
| " The Grown Suits Act, 1898." | section (1.1 |
CERTIFICATE OF UNPAID FINE.
This is to certify to the Law Officers of the Crown that at the
this day holden at the several persons, whose names and places of abode or business are specified in the Schedule below, were fined the several stuns set opposite to their respective names in the said Schedule, and the cause of such fine is duly and truly set forth in the same Schedule.
THE SCHEDULE.
| Surname and other Names | Place of Abode or | Cause of Fine. | Amounts of fine |
| at full length. | Business. | and costs (if any). |
s.
Total
| Given under my hand this | day of | 189 . |
| Judge |
| or | (As the case maybe). |
Justice
62° VICTORIA:, No. 9.
Crown Suits.
Third Schedule.
Section 0, Sub-
| section (3 .) | "The Crown Suits Act, 1898." |
| JUDGMENT ON -UNPAID FINE. |
| WESTERN AUSTRALIA (to wit): Be it remembered That [here insert name of Law Officer] Attorney General (or Crown Solicitor) of the of Western Australia, for and on behalf of the Crown, gives the Court here to understand and | [here |
be informed that at the General Sessions of the Peace (or as the case may be), holden at on the day of before [insert name of Judge
| or Justice], a fine of | pounds was imposed and inflicted upon | for |
| that he the said | [insert charge in respect of which fine is imposed], as by |
| the certificate of | , now filed of record appears. Therefore, on the |
| day of | it is adjudged by the Court here that the Crown do recover against |
| the said | the said sum of | and also the stun of |
| for costs (if any), and the further sum of | for costs of judgment, making |
| together the sum of | . |
Fourth Schedule.
Section 10, Sub-
| section (T.) | "The Crown Suits Act, 1898." |
CERTIFICATE OF FORFEITED RECOGNISANCES.
This is to certify to the Law Officers of the Crown that at the
| this day holden at | the recognisances hereunto annexed were forfeited, |
and were then and there caused to be estreated.
| Given under my hand this | day of | 189 . |
Judge ) (As theor t case Justice ) may be).
Fifth Schedule.
Section 10, Sub-
| section (30 | "The Crown, Suits Act, 1898." |
JUDGMENT ON FORFEITED RECOGNISANCES.
WESTERN AUSTRALIA (to wit) : Be it remembered That [here insert name
of Law Officer], Attorney General (or Crown Solicitor) of the Colony of
Western Australia, for and on behalf of the Crown, gives the Court here to
understand and be informed that at the General Sessions of the Peace (or as
the case may be), holden at on the day of before
| [here insert name of judge or Justice] the recognisance of one | by |
62° VICTORIX, No. 9.
Crown. Suits.
| which he acknowledged to owe to the Crown the sum of | was forfeited |
and estreated as by the said recognisance and the certificate of the said
| now filed of record appears. Therefore, on the | day of |
it is adjudged by the Court here that the Crown do recover against the said
| the said sum of | and also the sum of |
for costs, making together the sum of
| Sixth Schedule. | Section 12. |
"The Crown. Suits Ad, 1898."
FIAT FOR WRIT OF SUMMONS OR OTHER PROCESS.
IN THE SUPREME COURT OF)
WESTERN AUSTRALIA (or
IN THE LOCAL COURT). )
The Crown against A.B.
Let a writ of Summons (or process) issue in this suit against the above-
named A.B.
| Dated this | day of | 189 . |
Attorney General [or Crown Solicitor].
| Seventh Schedule. | Section 13, Sub-section (3.) |
"The Crown Suits Act, 1898."
FORM OF INFORMATION.
IN THE SUPREME COURT OF /
WESTERN AUSTRALIA.
The Crown against A.B.
| The | day of | in the year of our Lord |
[Insert name of Law Officer], Attorney General [or as the case may be] of
Western Australia, for and on behalf of the Crown, sues , who
has been summoned to answer the Crown by a writ issued on the
day of
For, &c. [proceed as in ordinary Statements of Claim]. And the Crown
claims
62° VICTORI/E, No. 9
Crown Suits.
| Section 19, | Eighth Schedule. |
| Sub-section (I.) |
" The Crown Suits Act, 1898."
MEMORANDUM OF COMMENCEMENT OF PROCEEDINGS.
IN THE SUPREME COURT OF)
WESTERN AUSTRALIA (or ?-
IN THE LOCAL COURT). )
The Crown against
Proceedings to recover the sum of £ [or as the ease may be] have been commenced in this Honourable Court against [i nsert defendant's name] of [state address and description].
| Dated this | day | 189 |
(Signature.)
Attorney General [or Crown Solicitor].
Ninth Schedule.
Section 22.
Sub-section (2.)
" The Crown Suits Act, 1898."
PETITION OF RIGHT.
IN THE SUPREME COURT OF}
WESTERN AUSTRALIA.
| The | day of |
To YOUR MOST GRACIOUS MAJESTY,
Your faithful subject [insert name of pet oner], of [insert
address and description], humbly sh meth :—
That, &c. [set out grounds of petition].
Your petitioner therefore most humbly prays that Your Majesty will be most
graciously pleased to order that right be done in this matter, and that the
Attorney General [or other Law Officer] of Western Australia, may be required to
answer the same, and that your suppliant may henceforth prosecute his complaint in the said Court, and take such other proceedings as may be necessary. And your suppliant, as in duty bound, will ever pray.
Tenth Schedule.
Section 26.
"The Crown Suits Act, 1898."
| IN THE SUPREME COURT OF )e A.B. V THE CROWN. | WESTERN AUSTRALIA. ) |
DEFENCE.
| The | day Of |
[Name of Law Officei .], Attorney General [or Crown Solicitor] of Western Australia, for and on behalf of the Crown, saith that, &c.
62° VICTORLE, No. 9.
Crown Suits.
Section 29.
Eleventh Schedule.
The Crown Suits Act, 1898."
| IN THE SUPREME COURT OF } A.B. v. TEE CROWN. | WESTERN AUSTRALIA. |
CERTIFICATE OF JUDGMENT.
| 1 do hereby certify that | of [insert address and description], did |
on the day of obtain a judgment [order or decree] of this
Honourable Court in his favour, and that by such [judgment] the sum of
| was awarded to him, and £ | for costs of suit. |
| Dated this | day of | 18 . |
(Signature)
Registrar of Supreme Court.
By Authority : A. Con, Acting Government Printer, Perth.
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