A.D. 1926. section relates is brought against the Crown, the pro11 & 12 Geo. visions thereof shall have effect in substitution for 5. c. 57. paragraph (a) of section one of the Public Authorities Protection Act, 1893. 56 & 57 Vict. c. 61. Saving for 15. (1) Nothing in this Act shall be construed as 5 prerogative giving any cause of action against the Crown in respect of anything properly done or omitted to be done in the lawful exercise of the prerogative of the Crown or of any right conferred upon the Crown by any statute. acts and prohibition of proceedings in rem against the Crown. Power to ex tend Part II. to subjects of foreign States. : (2) Nothing in this Act shall authorise proceedings 10 in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of His Majesty's ships or aircraft, or of any cargo or other property belonging to the Crown, or give to any person any lien on any of His Majesty's ships or aircraft or property: 15 Provided that where proceedings in rem have been commenced against any ship, cargo or other property belonging to the Crown, the High Court, either on an application by the plaintiff for an order under this proviso or on an application by the Crown to set aside the writ, 20 if satisfied that the proceedings were so commenced by the plaintiff in the reasonable belief that the ship, cargo or property in question did not belong to the Crown, may, instead of setting aside the writ, order that the writ shall be treated as if it had been a writ in personam 25 duly served on the Crown under the provisions of Part I. of this Act, and that the proceedings shall continue accordingly. 16. If it appears to His Majesty that by the laws of any foreign State His Majesty's subjects are entitled, 30 or would, if an order were made under this section, be entitled, to rights as against the government of that State substantially corresponding to the rights conferred by this Part of this Act as against the Crown, His Majesty may by Order in Council declare that the provisions of 35 this Part of this Act shall extend so as to entitle subjects of that State to such rights against the Crown as are conferred by this Part of this Act, but except as aforesaid a subject of a foreign State shall not be entitled to the rights conferred by this Part of this Act as against 40 the Crown. PART III. SUPPLEMENTAL AND MISCELLANEOUS. A.D. 1926. 17.-(1) In any of the following proceedings, that Costs in is to say 5 10 15 (i) any Crown proceedings: (ii) proceedings in which the Crown appears to show the costs of and incidental to the proceedings shall be in 20 the discretion of the court or arbitrator to be exercised in the same manner and on the same principles as in cases between subjects, and the court or arbitrator shall have power to make an order for the payment of costs by or to the Crown accordingly: 25 30 35 40 Provided that (a) In the case of proceedings to which by reason (b) Nothing in this section shall affect the power Crown proceedings. A.D. 1926. Satisfaction of orders against the Crown. costs out of any particular fund or property, or any enactment expressly relieving any department or officer of the Crown of the liability to pay costs. (2) This section shall apply to proceedings pending 5 at the commencement of this Act. 18.--(1) Where in any of the proceedings to which the last preceding section applies, any order (including an order for costs) is made by any court in favour of any person against the Crown, the proper officer 10 of the court shall on an application in that behalf made by or on behalf of that person at any time after the expiration of twenty-one days from the date of the order issue to that person a certificate in the prescribed form containing particulars of the order: Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs (if any) ordered to be paid to the applicant. 15 (2) A copy of any certificate issued under this section may be served by the person in whose favour the order is 20 made either on the Government department concerned, if any, or on the Treasury, as he may think fit. (3) If the order provides for the payment of any money by way of damages or otherwise or of any costs, the certificate shall state the amount so payable, and, 25 the Government department on which the notice is served or the Treasury, as the case may be shall, subject as hereinafter provided, out of any moneys in their hands for the time being legally applicable or thereafter voted by Parliament for the purpose, pay to the person entitled or 30 to his solicitor the amount appearing by the certificate to be due to him together with the interest, if any, lawfully due thereon: Provided that the court by which any such order as aforesaid is made or any court to which an appeal against 35 the order lies may direct that pending an appeal or otherwise payment of the whole of any amount so payable, or any part thereof, shall be suspended, and if the certificate has not been issued may order any such directions to be inserted therein. (4) Save as aforesaid no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Crown of any such 40 5 money or costs as aforesaid, and no person shall be A.D. 1926. individually liable under any order for the payment by the Crown, or any Government department, or any officer of the Crown as such, of any such money or costs. (5) This section shall apply to proceedings pending at the commencement of this Act. 19.--(1) Any order made in any Crown proceedings Execution by in favour of the Crown against any person shall be enforced the Crown. in the same manner as an order made in an action between 10 subjects, and not otherwise : 15 Provided that nothing in this section shall apply to an order made in favour of the Crown in proceedings brought by the Crown for the recovery of any fine or penalty or the forfeiture or condemnation of any goods. (2) Sections four and five of the Debtors Act, 1869 32 & 33 Vict. (which provide respectively for the abolition of imprison- c. 62. ment for debt, and for saving the power of committal in case of small debts), shall apply to sums of money payable and debts due to the Crown, subject in the case of the 20 said section four to the modification that there shall be deemed to be included among the exceptions therein. mentioned default in payment of any sum due in respect of death duties: 25 30 35 40 Provided that (a) no person shall be imprisoned for any such (b) on an application for such an order the court shall enquire into the case and, as the court A.D. 1926. Discovery against the Crown. on his part to collect any such property or to his having improperly distributed any such property. (3) This section shall apply to proceedings pending at the commencement of this Act. 5 20.-(1) Nothing in the provisions of this Act shall operate to impose on any officer of the Crown any obligation in the case of any Crown proceedings to make discovery of documents on oath, but provision may be made by rules of court for authorising the court to make 10 orders requiring the Crown, subject to the provisions of this section, to make and deliver to the other party to the proceedings, by such officer of the Crown as the court may by the order direct, a list in the prescribed form of such documents, not being documents the existence of 15 which it would be contrary to the public interest to disclose, relating to the matters in question as are or have been in the possession, custody or power of the Crown. (2) Any documents which the Crown objects to produce on the ground that the production thereof would 20 be injurious to the public interest shall be set forth in a separate schedule to the list to be delivered by the Crown as aforesaid with the same particularity as is required in the case of documents for which privilege is claimed in proceedings between subjects, but with no greater par- 25 ticularity, and, subject to the provisions of this section, no reference shall be made in any such list to any document the existence of which it would be injurious to the public interest to disclose. (3) Subject to the provisions of this section, nothing 30 in the provisions of this Act shall operate to impose on the Crown or any officer of the Crown any obligation to produce in any Crown proceedings, either to the court or to any party to the proceedings, any document the production of which would be injurious to the public 35 interest, whether because the document is one of a class of documents which it is contrary to the public interest to produce or because the contents of the document are such as would make the production thereof injurious to the public interest. (4) Where in any Crown proceedings an order is made requiring interrogatories to be answered by the 40 |