NEW ZEALAND. 34 Vict. c. 49. "An Act to provide for the Enforcement of Claims against the Crown in New Zealand." 1. The short title of this Act shall be the Crown Redress Act, 1871. Short title. 2. [Repealed and replaced by sect. 2 of the Crown Redress Act, 1877, Subjects q. v. infra.] enabled Petition to law. 3. The proceedings on such petition shall, subject to the provisions Crown. of this Act, be conducted in the same manner and subject as nearly as may be to the same rules of practice as an ordinary action between be analosubject and subject, but an office copy of such petition shall be gous to an delivered at the office of the Attorney-General, and such delivery shall action at be equivalent to service of the writ and declaration in an ordinary action, and the Attorney-General or such person being a solicitor of the Supreme Court of New Zealand as shall from time to time be appointed by him for the purpose, may, for and on behalf of her said Majesty, appear to plead or demur to such petition at any time within twentyeight days after such delivery as aforesaid of a copy thereof, or such further time as the Supreme Court or any judge thereof may allow, and it shall be lawful for the Attorney-General or such solicitor as aforesaid to plead and demur at the same time to any such petition or any other pleading thereon without leave of the Court or a judge, and the Attorney-General shall have the right to select the place of trial of the issues raised. 4. All pleadings after the delivery of such petition shall be respectively delivered between the petitioner and the Attorney-General or such solicitor to be appointed as aforesaid, and every such petition and pleadings respectively shall and may be in the form contained in the First Schedule to this Act, or to the like effect, and shall be entitled of the said Court and of the day and of the month and year when the same is filed or delivered, and shall bear no other time or date. and costs. 5. The said Court shall and may give and pronounce such and the Judgment like judgment order or decree in any such petition as such Court or decree would give and pronounce in any action between subject and subject and a writ of error or appeal from any such judgment order or decree of the said Court in any action between subject and subject, and the costs of suit shall follow on either side as in ordinary cases between other suitors at law, any law or practice to the contrary notwithstanding. Crown. 6. Except as hereinafter mentioned no execution or attachment or Execution process in the nature thereof shall be issued out of the said Court in against the any such action, but after any such judgment order or decree as aforesaid against the Crown, shall have been given or pronounced, the Registrar of the said Court at the place where the same shall have been given shall give to the petitioner a certificate in the form contained in the Second Schedule to this Act, or to the like effect. Governor may pay damages and costs and perform decrees. Execution against the petitioner. What claims 7. On receipt of such certificate it shall be lawful for the Governor to cause to be paid out of any money especially appropriated by the General Assembly to the purpose, such damages as may under the authority of this part of this Act be assessed to or in favour of any such petitioner, and any costs which may be adjudged or awarded to him by the said Court, and also to perform any decree or order which may be pronounced or made by this Court. 8. Notwithstanding anything herein before contained it shall be lawful for Her Majesty to 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 or suit between subject and subject could or might enforce the same. 9. [Repealed and replaced by sect. 3 "Crown Redress Act, 1877," within this . v. infra]. Act. Judges of the Supreme Court may make rules. 10. It shall and may be lawful for the judges of the Supreme Court or any two of them to make such rules as they may 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 is or shall be applicable. A.B. v. That, &c. [Here set forth the grounds on which petitioner claims relief.] Your suppliant therefore most humbly prays that your Majesty will be graciously pleased to order that right be done in this matter, and that your Majesty's Attorney-General in New Zealand 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, shall ever pray. A. B. Attorney-General of our Lady the Queen for the The Queen. Colony of New Zealand, for and on behalf of our said Lady the Queen, saith that, &c. SECOND SCHEDULE. In the Supreme Court of New Zealand. I do hereby certify that A. B., of &c., did on the day of in the Supreme Court at was awarded Registrar of the Supreme Court of New Zealand, A.B. v. " The Queen. at and 41 Vict. c. 39. "An Act to Amend 'The Crown Redress Act, 1871.'" 1. The short title of this Act shall be "The Crown Redress Act, Short title. 1877." proceed by petition. 2. Except as to causes of action which have arisen before the passing of this Act, sect. 2 of the Crown Redress Act, 1871, is hereby repealed, and this section shall be read in its place and stead: When any Persons person has any claim or demand against Her Majesty the Queen within having claims the Colony of New Zealand, it shall be lawful for such person to set against forth in a petition the particulars of his claim or demand as nearly as Crown in may be in the same manner as in a declaration in an ordinary action in New Zealand to the Supreme Court; and such petition shall be filed in the Supreme Court in the district in which the cause of action, claim, or demand shall have arisen, or maiuly arisen, in order that such Court may proceed to 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: Provided that where any person has any claim or demand which is within the jurisdiction of a district court or resident magistrate's court, he may apply to Her Majesty's Attorney-General or Solicitor-General in New Zealand for his consent to the hearing and determination of such claim and demand in any such court to be named in the application; and if such consent shall be so given, the claim or demand may be heard and determined in the district court or resident magistrate's court, as the case may be, in like manner in all respects as in suits between subject and subject; and the provisions of the Crown Redress Act, 1871, and this Act, so far as applicable, shall apply to such suits accordingly. 3. Except as to causes of action which have arisen before the passing of this Act, sect. 9 of the said Crown Redress Act, 1871, shall be repealed, and this section shall be read in its place and stead: "Nothing What is a shall be deemed a claim or demand within the meaning of this Act claim or unless the same shall be founded on or arise out of some contract, act, demand. Statutes and rules in force in certain cases to apply. Saving clause. Filing of petition. deed, matter, or thing done, executed, or entered into by or under the authority, express or implied, of Her Majesty's Local Government in New Zealand, or for which the said Local Government would be responsible if they were private subjects of Her Majesty in New Zealand: Provided that no person shall be entitled by virtue of this Act to prosecute or enforce any claim against Her Majesty in the nature of an action for specific relief, or the performance of nor any action for damages for the breach of any contract for the purchase of waste or other lands of the Crown." 4. So far as the same may be applicable, the laws, statutes, and rules in force, or that may hereafter be in force, as to pleading, evidence, hearing, and trial, security for costs, amendment, arbitration, special cases, the means of procuring and taking evidence, set-off, limitations, appeal, and proceedings in error, and all other statutes available as between plaintiffs and defendants in personal actions between subject and subject, and the practice and course of procedure of the Supreme Court in its legal and equitable jurisdiction respectively for the time being in reference to such suits and personal actions, shall, unless the Court shall otherwise order, be applicable and apply and extend to proceedings on a petition under the said Act and this Act. 5. Nothing in this Act contained shall repeal or affect any of the provisions of "The Government Contractors Arbitration Act, 1872," or "The Public Works Act, 1876," and nothing in this Act shall apply to claims or causes of action which have arisen before the passing of this Act. 6. No person shall be entitled to prosecute or enforce any claim under this Act unless the petition setting forth the relief sought shall be filed within twelve months after the claim or demand has arisen; nor shall any such petition be so filed unless and until one month's previous notice in writing has been given to or left at the office of or forwarded by post to Her Majesty's Attorney-General or SolicitorGeneral in New Zealand, signed by the party intending to file such petition, his solicitor or agent, in which notice the claim or demand and the nature of the relief sought shall be explicitly stated, together with the name of the Court in which it is intended to file such petition. INDEX. ABATEMENT of petition of right by where petition for tort, ib. Lord Lyndhurst's judgment, ib., 32 in other cases, 32 common law doctrine thereon, ib., 33 not provided for by Petitions of Right Act, 1860..33 the true rule suggested, 34 death of subject, 40 bankruptcy of subject, 41 all the king's titles not being pleaded, 160 ABODE OF SUPPLIANT, petition should state, 158 ACCOUNTS AND ENQUIRIES, ACTION, right of, against the Crown. none at the present day, 1, 24 or has never existed at common law, 3 right of action and right of petition considered, 52, 63 ADMIRALTY, LORDS OF, Crown not liable for infringement of patent by, 58 ADMIRALTY DIVISION, Petitions of right may be intituled in, 154, 158 ADVOWSON recoverable on petition of right, 73 AGENT, can Crown be, for subject, 99, 100 |