8. When any such petition shall be dismissed or judgment in the Provisions matter thereof be given against the petitioner, the attorney of the as to costs. defendants shall tax and be entitled to from the petitioner the same costs as are allowed in an equity suit between private parties, and shall have the like remedy for the recovery thereof: and where judgment shall be given for the petitioner he shall be entitled to tax and recover costs after the same scale from the Government in manner provided with respect to judgments for the payment of money: Provided that nothing herein contained shall control the discretion of the Court in giving or withholding costs according to the ordinary rules of equity where the relief sought is of an equitable character. 9. It shall be lawful for either party in any such suit to appeal to the Appeal to Queen in Council in the same manner as in ordinary cases between Queen in party and party under the Royal Charter. And 46 Vict. c. 15: "An Act to facilitate the trial of questions relating to Crown grants, licenses, and leases, and for other purposes." Council. the term 1. The term "Crown grant" in this Act shall include any grant, Interprelease, or license of occupation absolute, limited or conditional, of or tation of relating to any of the Crown or public lands of the Colony, or any Crown license to search, lease, or grant of any mining or other rights or grant. interest of or in any lands in this Colony granted by or issuing from Her Majesty, the Government, or any department thereof. to Crown 2. Any person having or claiming to have an interest in any lands Trial of or tenements in this Colony, or any rights or privileges arising there- question from or appointment thereto, which are or are claimed to be held, conrelating veyed or otherwise affected by any Crown grant, who shall claim that grants to such Crown grant is void or voidable, or has been or ought to be for- be had on feited, or that any defect, irregularity, omission, or error of any kind petition to has occurred in or relating to such grant, or the right or title of the Court. Supreme Crown to make such grant, or the right or title of the granter or holder of such grant to obtain or retain the same, or that any other act, matter or thing has been done or suffered whereby or by reason whereof such grant, or any part, provision, or condition thereof, should be set aside, declared void, struck out, expunged, altered, or amended, or any clause, condition, or provision should be added, or the name of any grantee or other party thereto added, struck out, or altered, or who shall claim any other relief legal or equitable against or in relation to such grant may prefer a petition to the Supreme Court setting forth as briefly as possible the nature of his claim, the facts or circumstances or other grounds upon which he makes the said claim or prays the said relief, and as nearly as may be the nature of the relief which he prays. And such petition shall be verified by affidavit. 3. A copy of said petition shall in all cases be served upon the Q Service of copy of petition. All persons interested to be par ties to pro ceedings. Proceed Attorney-General, or in his absence the Solicitor-General, on behalf of the Government. 4. All persons whose interests are or may be or are sought to be in any way affected by the order or decree of the Court, or other relief sought for by the said petition, shall be made parties to the proceedings under the said petition or be served with a copy thereof in the same manner and subject to the same directions and consequences as in a suit on the equity side of the Supreme Court in relation to the subject-matter of the said petition. 5. The proceedings upon such petition shall be in all respects as ings to be nearly as may be in accordance with the practice on the equity side of equity side the Supreme Court. as on of Court. Court to make decree as in other cases. Appeal. Saving clause. Suspending clause. Claimant tion Govern ment. 6. The Supreme Court and the judges thereof shall at any stage of the proceedings under such petition or upon the hearing of such petition have the power to make, pronounce, and grant such decree, order, or judgment, or to grant such other relief legal or equitable in relation to the subject-matter of the said petition as might be given, pronounced, or granted in, under or by virtue of any other suit, action, or other proceeding in relation to any deed, conveyance, contract, or document other than a Crown grant, and to make such order as to costs as to the Court or judge shall seem meet, which costs shall be taxed in accordance with the scale on the equity side of the Supreme Court: Provided that in no case shall the Crown or Government be entitled to recover or be made liable to the payment of costs. 7. Any party to any proceeding under this Act may appeal to Her Majesty in Council in the same manner as in ordinary cases between party and party under the Royal Charter. 8. The provisions of this Act shall not be held to take away or affect any action, suit, right or remedy which any persons would before the passing of this Act have been entitled to have or maintain. 9. This Act shall not come into operation till the assent of Her Majesty has been signified thereto. NEW SOUTH WALES. 39 Vict., No. 38. "An Act to enforce Claims against the Colonial Government and to give Costs in Crown Suits." [Reserved:-23rd March, 1876.] 1. [Repeal of Acts 20 Vict., No. 15, and 24 Vict., No. 27.] 2. Any person having or deeming himself to have any just claim or may peti- demand whatever against the Government of this Colony 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 with the advice of the Executive Council may by notification in the Gazette appoint any person resident in the Colony to be a nominal defendant nal defend- accordingly. Provided that if within one month after presentation of Governor may ap point nomi ant. such petition no such notification be made the Colonial Treasurer for the time being shall be the nominal defendant. 3. Any such petitioner may sue such nominal defendant at law or in Petitioner equity in any competent Court, and every such case shall be com- may sue as menced in the same way, and the proceedings and rights of parties in ordinary 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. cases. 4. The nominal defendant in any case under this Act or arising from Limited the working of this Act shall not be individually liable in person or liability of property by reason of his being such defendant. nominal defendant. Nature of 5. In any action or suit under this Act all necessary judgments, decrees, and orders may be given and made, and shall include every relief species of relief whether by way of specific performance or restitution of afforded by rights or recovery of lands or chattels or payment of money or damages. judgment. 6. In any action or suit by the Crown or Attorney-General on behalf Costs. 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 Treasurer against any such nominal defendant or costs awarded against the Crown to pay damages or Attorney-General under this Act out of any moneys in his hands awarded. then legally applicable thereto and forming part of or belonging to the Consolidated Revenue of this Colony or thereafter voted by Parliament for that purpose, and in the event of such payment not being duly 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 as to which such last-mentioned Government has any claim or is in anywise entitled. 8. The judges of the Supreme Court may make rules, &c., for carrying Rules of this Act into effect. Court. 9. This Act shall be styled and may be cited as the "Claims against Short title. the Colonial Government Act." N.B.-Upon what claims are cognisable under this Act, see Farnell v. Bowman, Times, 23rd June, 1887. STRAITS SETTLEMENTS. Ordinance No. 15 of 1876: "An Ordinance to amend the law relating to Crown suits." Part IV-Suits for Redress against the Crown. 18. I. And whereas it is expedient to make better provision by law for giving redress to persons having claims against the Crown in the Colony it is further enacted: Claims by private II. Any claim against the Crown founded on the use or occupation or right to use or occupation of Crown lands in the Colony, any claim arising out of the Revenue Laws or out of any contract entered into or which should have or might have been entered into on behalf of the Crown by or by the authority of the Government of the Colony which would if such claim had arisen between subject and subject be the ground of an action at law or suit in equity, and any claim against the Crown for damages or compensation arising in the Colony shall be a claim cognizable under this Ordinance. Petition of Right. 19. [Any person having such claim may present a petition to Governor in Council-Governor in Council may fiat-Filing-Copy with request to answer to be left with Attorney-General- Petition to form a suit.] Answer. 20. [Attorney-General to answer-May move to dismiss petition on point of law-Court may order dismissal or amendment-Form of Answers by Attorney-General.] Subsequent Proceedings. 21. [Subsequent proceedings to be same as in ordinary suits.] Judgment and Execution. 22. [Judgment and appeal as in ordinary suits.] 23. [No execution to issue against the Crown, but a certificate of the judgment to be given the petitioner.] 24. The amount with any costs given by the judgment, decree, or order of the Court shall be payable out of any moneys in the Treasury legally applicable thereto, or out of any moneys which may be voted by the Legislative Council for the purpose: and the Governor shall order payment accordingly, and shall also order the performance of any decree or order which may be pronounced or made in the suit by the Court. 25. [Appeal.] TOBAGO. Ordinance No. 4 of 1884: "To consolidate and amend the laws relating to the process, practice, and mode of pleading in the Supreme Court in suits and proceedings at common law and in equity: and to make better provision for the execution of judgments and decrees, and for other matters." Suits against the Government. 343. All claims against the Government of the Colony being of the same nature as claims which may be preferred against the Crown of Govern England under the provisions of the Imperial Act, 23 & 24 Vict. c. 34, persons entitled the Petitions of Right Act, 1860, may with the consent of the against the Governor be preferred in the Supreme Court in a suit instituted by the ment. claimant as plaintiff against the Attorney-General as defendant. 344. It shall not be necessary for the claimant to issue a writ of Suits how summons, but the suit shall be commenced by the filing of a statement commenced. of complaint in the Supreme Court and the delivery of a copy thereof at the Chambers of the Attorney-General. defence. 345. The Registrar shall forthwith transmit the statement of claim to Fiat of the Colonial Secretary, and the same shall be laid before the Governor in Governor. Council. In case the Governor shall grant his consent as aforesaid the Delivery of statement of claim shall be returned to the Supreme Court with the fiat of the Governor endorsed thereon, and the Court may on the application of the claimant fix a time within which the Attorney-General shall file and deliver a statement of defence on behalf of the Government or demur to the action. 346. All documents which in a suit of the same nature between Service of documents. private parties would be required to be served upon the defendant, shall be delivered at the Chambers of the Attorney-General. and proceedings thereon. 347. Whenever in any such suit a decree shall be made against the Judgment Government, no execution shall issue thereon, but a copy of such decree, under the seal of the Court, shall be transmitted by the Court to the Governor, who, if the decree shall be for the payment of money, shall have power, by warrant under his hand, to direct the amount awarded by such decree to be paid by the Colonial Treasurer, and in case of any other decree to take such measures as may be necessary to cause the same to be carried into effect. 348. In all suits by or against the Government costs may be awarded Costs of in the same manner as in suits between private parties, but no personal such suits. liability shall attach to the Attorney-General in respect thereof. TASMANIA. 23 Vict. No. 1. "An Act to give redress to persons having claims against the Crown arising in the Colony of Tasmania. 1. Any claim against Her Majesty, founded on and arising out of any contract entered into on behalf of Her Majesty, or by the authority of Her Majesty's Local Government of the Colony, which would, if such claim had arisen between subject and subject, be the ground of an action at law or suit in equity, shall be a claim cognizable under this Act. 2. [Act to extend to claims to land and water arising before commencement thereof, and to other claims since 1st November, 1856.] 3. Any person having a claim cognizable under this Act may commence a suit against Her Majesty in the Supreme Court of Tasmania |