5

10

15

20

25

A.D. 1926.

for any person Power to

7. It shall not be necessary before instituting proceedings against the Crown under proceed this Part of this Act to obtain His Majesty's fiat that right against the be done.

Crown without fiat.

8. Subject to the provisions of this Act, the Crown Proceedings proceedings to which this Part of this Act applies to which

are

30 to

35

(i) so far as relates to proceedings by the Crown, all
such proceedings as immediately before the com-
mencement of this Act were cognizable in the
High Court on the information of the Attorney-
General on behalf of His Majesty, or might
have been instituted by writ of extent, diem
clausit extremum, or scire facias, or were cog-
nizable in the High Court at the suit of any
Government department, or any officer of the
Crown as such, and all such proceedings as are
authorised by Part II. of this Act to be brought
by the Crown; and

(ii) so far as relates to proceedings against the
Crown, all such proceedings as could immediately
before the commencement of this Act have been
instituted against the Crown by means of a
petition of right, or by an action against the
Attorney-General, any Government department,
or any officer of the Crown as such, and all
such proceedings as are authorised by Part II.
of this Act to be brought against the Crown:
Provided that this Part of this Act shall not apply

(a) proceedings by or against the Public Trustee ;
(b) proceedings by or against the Charity Commis.
sioners;

(c) proceedings under the Acts relating to charitable
trusts by or against the Attorney-General;

(d) proceedings by or against the Registrar of the
Land Registry or any officers of that registry.

Part I. applies.

9.-(1) Except as otherwise expressly provided, Saving for nothing in this Act shall affect any Crown proceedings existing pro40 pending at the commencement of this Act, and for the ceedings and purposes of this Act proceedings against the Crown shall

claims.

A.D. 1926. be deemed to be pending at the commencement of this Act if before that date a petition of right with respect to the matter in question has been left with a Secretary of State for submission to His Majesty.

10 & 11 Geo. 5. c.

Part I. of

full effect

48.

(2) Where at any time after the commencement of 5 this Act any person has a claim against the Crown which arose before the commencement of this Act and in respect of which a petition of right might, but for the coming into operation of this Part of this Act, have been presented, but proceedings in respect of that claim would, if 10 instituted under the provisions of this Part of this Act, be liable to be defeated by reason of the expiration of the period limited by any statute for bringing proceedings in respect of such a claim, that person may, with the leave of the Attorney-General, institute proceedings under 15 this Part of this Act in respect of that claim at any time within two years after the commencement of this Act, and a claim so instituted shall not be defeated by reason only that the said period had expired before the institution of the proceedings:

20

Provided that nothing in this subsection shall be taken to render enforceable any claim, proceedings in respect of which are prohibited by the Indemnity Act, 1920. (3) No proceedings shall, without the leave of the Attorney-General, be brought against the Crown under 25 this Part of this Act in respect of any matter if before the commencement of this Act a petition of right with respect to that matter has been left with a Secretary of State for submission to His Majesty and the grant of His Majesty's fiat in respect of the petition has before that 30 date been, or is thereafter, refused.

10. (1) The provisions of this Part of this Act shall Act to have have full effect notwithstanding any right, privilege, or prerogative of the Crown, rule of law, or enactment to the contrary, which existed or was in force immediately 35 before the commencement of this Act.

notwith

standing prerogative

of the

Crown, &c.

(2) Where any enactment in force at the commencement of this Act prescribes the method of procedure to be followed in any Crown proceedings to which this Partof this Act applies, those proceedings shall be instituted 40 and proceeded with in accordance with the provisions of this Part of this Act and not otherwise, and the said enactment shall have effect accordingly.

PART II.

SUBSTANTIVE RIGHTS.

A.D. 1926.

11. (1) Subject to the provisions of this Act, the Liability of Crown shall, notwithstanding any rule of law to the the Crown 5 contrary, be liable in tort.

(2) Subject to the provisions of this Act, the Crown shall be liable for any wrongful act done, or any neglect or default committed, by an officer of the Crown in the same manner and to the same extent as that in 10 and to which a principal, being a private person, is liable for any wrongful act done, or any neglect or default committed, by his agent, and for the purposes of this subsection, and without prejudice to the generality thereof, any officer of the Crown acting, or purporting in good 15 faith to be acting, in pursuance of a duty imposed by law shall be deemed to be the agent of and to be acting under the instructions of the Crown.

for tort.

(3) Except as otherwise provided in this Part of this Act, proceedings against the Crown under this section 20 shall be subject to the provisions of the Public Autho- 56 & 57 Vict. rities Protection Act, 1893.

(4) Any enactment which expressly limits or negatives the liability of any particular officer of the Crown or any particular class of officers of the Crown in respect 25 of any tort committed by him or them shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that officer or any officer of that class, apply for the purpose of limiting or negativing the liability of the Crown as it would have 30 applied if the proceedings had been brought against that officer or an officer of that class personally.

35

40

(5) No proceedings shall lie under this section

(a) in respect of any act, neglect, or default com-
mitted by any officer of the Crown, unless
proceedings for damages in respect of that
act, neglect, or default would have lain against
that officer personally; or

(b) for or in respect of anything done or permitted
to be done in the furtherance of, or in the
course or in execution of, any judicial pro-
ceedings or process; or

c. 61.

A.D. 1926.

8 Edw. 7. c. 48.

8 Edw. 7. c. 48.

10 & 11 Geo. 5 c. 72.

Salvage

claims by or against the Crown.

(c) for or in respect of the loss of or any deteriora-
tion or damage occasioned to, or any delay in
the release of, any goods or merchandise by
reason of anything done or omitted to be
done by any officer of customs and excise 5
acting as such; or

(d) for or in respect of anything done or omitted
to be done by the Postmaster-General or any
officer of the Post Office acting as such in
relation to the receipt, carrying, transmission, 10
delivery or other dealing with any postal
packet as defined by the Post Office Act, 1908,
not being a registered postal packet, or any
telegram.

(6) Section thirteen of the Post Office Act, 1908, so 15
far as it provides that the registration of a postal packet
is not to render the Postmaster-General or the Post Office
revenue in any manner liable for the loss of the packet or
the contents thereof, shall, so far as it relates to postal
packets within the meaning of the said Act other than 20
telegrams, cease to have effect, but no damages shall be
recoverable in respect of anything done or omitted to be
done by an officer of the Crown in relation to the receipt,
carrying, delivery or other dealings with any registered
postal packet above the amount insured by the registration 25
fee paid in respect thereof under any regulations made in
pursuance of the said Act.

(7) No person shall for the purposes of this Part of this Act be deemed to be an officer of the Crown, and no proceedings shall lie against the Crown under this 30 section in respect of any act, neglect or default of any person, unless that person holds his office directly or indirectly from the Crown and is paid for and in respect of his duties in that office wholly out of the Consolidated Fund of the United Kingdom, moneys provided by 35 Parliament, or the Road Fund established under the Roads Act, 1920.

12. Subject to the provisions of this Act, the law relating to salvage, whether of life or property (including the provisions of the Merchant Shipping Acts, 1894 to 40 1921, the Air Navigation Act, 1920, and any other enactment relating to salvage), shall apply―

(a) as respects salvage services rendered in assisting

any of His Majesty's ships or aircraft, or in

saving life therefrom, or in saving any cargo, or A.D. 1926.
apparel belonging to the Crown; and

(b) as respects salvage services rendered by any of
His Majesty's ships or aircraft;

5 in the same manner as if the ship, aircraft, cargo, or
apparel did not belong to the Crown:

Provided that where salvage services are rendered by one of His Majesty's ships or by one of His Majesty's aircraft, no claim for salvage by the commander or crew, 10 or part of the crew, shall be finally adjudicated upon, unless it is proved that the Government department controlling or managing the ship or aircraft has consented to the prosecution of the claim.

Any document purporting to be a consent by a 15 Government department for the purposes of the foregoing provision and to be signed by or on behalf of the Secretary of the department shall be evidence of that consent.

13.-(1) The provisions of the Merchant Shipping Limitation of Acts, 1894 to 1921, relating to the limitation of the liability liability in 20 of owners of ships or docks and of harbour authorities respect of Crown ships, shall, notwithstanding anything in section seven hundred &c. and forty-one of the Merchant Shipping Act, 1894, apply 57 & 58 Vict. to His Majesty and to His Majesty's ships, and to docks c. 60. and harbours belonging to His Majesty, as they apply 25 in the case of such owners and authorities as aforesaid being subjects, and of the ships, docks, and harbours of such owners and authorities, and the provisions of sections one, two, and three of the Maritime Conventions 1 & 2 Geo, 5. Act, 1911 (which relate to damage or loss caused to or by 30 vessels), shall apply in the case of His Majesty's ships as they apply in the case of other vessels.

(2) Where for the purpose of any enactment applied by this section it is necessary to ascertain the tonnage of any of His Majesty's ships and that ship is not registered 35 under the Merchant Shipping Acts, 1894 to 1921, the tonnage of the ship shall be ascertained in manner provided by the rules set out in the First Schedule to this Act.

c. 57.

14. Section eight of the Maritime Conventions Act, Application 1911 (which relates to the limitation of actions), shall apply of s. 8 of 40 in the case of His Majesty's ships as it applies in the case Maritime of other vessels, and where any action to which that Act, 1911.

Conventions