CROWN PROCEEDINGS 1
THE CROWN PROCEEDINGS ACT
ARRANGEMENT OF SECTIONS
1. Short title.
PART I. Interpretation
2. Interpretation.
PART II. Substantive Law
3. Liability of the Crown in tort.
4. Provisions as to industrial property.
5. Application of law as to indemnity, joint and several tortfeasots.
and contributory negligence.
6. Liability in respect of Crown docks, harbours. etc.
7. Liability in connection with postal articles.
8. Provisions relating to the anned forces.
PART III. Jurisdiction and Procedure
9. Right to sue the Crown.
The Supreme Court
10. Civil proceedings in the Supreme Court.
Resident Magistrate’s Court
11. Civil procedure in the Resident Magistrate’s Court.
General
12. Interpleader.
13. Parties to proceedings.
14. Service of documents.
15. Removal and transfer of proceedings.
-
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2 CROWN PROCEEDINGS
16. Nature of relief.
17. Appeals and stay of execution.
18. Scope of Part 111.
PART IV. Judgments and Execution
19. Interest on debts, damages and costs.
20. Satisfaction of orders against the Crown.
21. Execution by the Crown.
22. Attachment of moneys payable by the Crown.
PART V. Miscellaneous and Supplementary
23. Discovery.
24. Exclusion of proceedings in rem against the Crown.
25. Limitation of actions.
26. Application to the Crown of certain statutory provisions.
27. No abatement on demise of Crown.
28. Abolition of certain writs.
Supplemental
29. Rules of court and Resident Magistrate’s Court rules.
30. Pending proceedings.
3 1. Financial provisions.
32. Repeals, etc.
33. Savings.
SCHEDULES
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C R O W PROCEEDINGS
THE CROWN PROCEEDINGS ACT Lam 68of19s3,
12 of 15m
1. This Act may be cited as the Crown Proceedings Act. sh~rc title.
1
PART I. Interpretation
2.-(1) Any reference in this Act to the provisions of this M q -
bon.
Act shall, unless the context otherwise requires, include
a reference to rules of court or Resident Magistrate's Court
rules made for the purposes of this Act.
(2) In this Act, except in so far as the context other-
wise requires or it is otherwise expressly provided, the
following expressions have the meanings hereby respectively
assigned to them, that is to say-
"agent", when used in relation to the Crown, includes an
independent contractor employed by the Crown;
"armed forces of the Crown" means the Jamaica 1211962
Defence Force, and any other military organization S. 215.
under the control of the Crown which the Minister by
order declares to be armed forces of the Crown for the
purposes of this Act;
"civil proceedings" does not include proceedings which in
England would be taken on the Crown side of the
Queen7 s Bench Division;
"Crown" means Her Majesty in right of Her Government in
the Island;
"officer", in relation to the Crown, includes any ser-
vant of Her Majesty, and accordingly (but with-
out prejudice to the generality of the foregoing
provision) includes a Minister of the Crown;
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CRO UW PROCEEDINGS
"order' includes a judgment, decree, rule, award or
declaration;
"prescribed means prescribed by rules of court or
Resident Magistrate's Court rules, as the case may
be;
"proceedings against the Crown" includes a claim by
way of set-off or counterclaim raised in proceed-
ings by the Crown;
Cap. 177. "rules of court" includes the Civil Procedure Rules,
(1953 Emn
omitted). 2002;
"statutory duty" means any duty imposed by or under any
enactment.
(3) The Crown shall not for the purposes of Parts
IV and V be deemed to be a party to any proceedings by
reason only that they are brought by the Attorney-General
upon the relation of some other person.
PART 11. Sz~bstantive Law
3.-(1) Subject to the provisions of this Act, the Crown
Crown in tort.
shall be subject to all those liabilities in tort to which, if
it were a private person of full age and capacity, it would
be subject-
(a) in respect of torts committed by its servants or
agents;
(b) in respect of any breach of those duties which a person
owes to his servants or agents at common law by
reason of being their employer; and
(c) in respect of any breach of the duties attaching at
common law to the ownership, occupation, possession
or control of property:
Provided that no proceedings shall lie against the Crown
by virtue of paragraph (a) in respect of any act or omission
of a servant or agent of the Crown unless the act or omission
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CROWN PROCEEDINGS 5
would, apart from the provisions of this Act, have given
rise to a cause of action in tort against that servant or
agent or his estate.
(2) Where the Crown is bound by a statutory duty
which is binding also upon persons other than the Crown
and its officers, then, subject to the provisions of this Act,
the Crown shall, in respect of a failure to comply with that
duty, be subject to all those liabilities in tort (if any) to
which it would be so subject if it were a private person of
full age and capacity.
(3) Where any functions are conferred or imposed
upon an officer of the Crown as such either by any rule of
the common law or by statute, and that officer commits a
tort while performing or purporting to perform those
functions, the liabilities of the Crown in respect of the tort
shall be such as they would have been if those functions
had been conferred or imposed solely by virtue of instruc-
tions lawfully given by the Crown.
(4) Any enactment which negatives or limits the
amount of the liability of any Government department or
officer of the Crown in respect of any tort committed by
that department or officer shall, in the case of proceedings
against the Crown under this section in respect of a tort
committed by that department or officer, apply in relation
to the Crown as it would have applied in relation to that
department or officer if the proceedings against the Crown
had been proceedings against that department or officer.
(5) No proceedings shall lie against the Crown by
virtue of this section in respect of anything done or omitted
to be done by any person while discharging or purporting
to discharge any responsibilities of a judicial nature vested
in him, or any responsibilities which he has in connection
with the execution of judicial process.
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6 CROWN PROCEEDINGS
Provisions
as to
industrial
property.
Application
of law as to
indemnity,
ioint and
several tort-
(6) No proceedings shall lie against the Crown by
virtue of this section in respect of any act, neglect or de-
fault of any officer of the Crown, unless that officer has been
directly or indirectly appointed by the Crown and was, at
the material time, paid in respect of his duties as an officer
of the Crown wholly out of the Consolidated Fund of the
Island, or any fund certified by the Accountant-General
for the purposes of this subsection or was, at the materid
time, holding an office in respect of which the Accountant-
General certifies that the holder thereof would normally
be so paid.
4.-(1) Where after the commencement of this Act any
servant or agent of the Crown infringes a patent, or in-
fringes a registered trade mark, or infringes any copyright
(including any copyright in a design) and the infringement
is committed with the authority of the Crown, then, sub-
ject to the provisions of this Act, civil proceedings in
respect of the infringement shall lie against the Crown.
(2) Save as expressly provided by this section, no
proceedings shall lie against the Crown by virtue of this
Act in respect of the infringement of a patent, in respect
of the infringement of a registered trade mark or in respect
of the infringement of any such copyright as is mentioned
in subsection (1).
5 - 4 1 ) Where the Crown is subject to any liability by
virtue of this Part, the law relating to indemnity and con-
tribution shall be enforceable by or against the Crown
feasoys,and in respect of the liability to which it is so subject as if the
negligence. Crown were a private person of full age and capacity.
(2) Without prejudice to the effect of subsection (I),
the Law Reform (Tortfeasors) Act (which relates to pro-
ceedings against, and contribution between, joint and several
tortfeasors) shall bind the Crown.
contributory
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CROWN PROCEEDINGS
(3) Without prejudice to the general effect of section 3
the Law Reform (Contributory Negligence) Act (which amends
the law relating to contributory negligence) shall bind the
Crown.
6.-(1) It is hereby declared that the provisions of kcs;"
section 410 of the Shipping Act, which limit the amount of the c , ~
liability of the owners of docks, and of harbour or harbour g-,
authority, apply for the purpose of limiting the liability of the *c.
Crown as the owner of any dock or canal, or as a harbour or
harbour authority, and that all the relevant provisions of the
Shipping Act have effect in relation to the Crown accordingly.
(2) In this section the expressions "dock", "harbour",
"owner and harbour authority" have respectively the same
meanings as they have for the purposes of section 410 of the
Shipping Act.
(3) In this section references to the Crown include
references to any Government department and to any
officers of the Crown in his capacity as such.
7.-(1) NO
for anything
postal article
proceedings in tort shall lie against the Crown habilityin
co~ect ian
done or omitted to be done in relation to a w i t h p a l
by any person while employed as a servant dcles.
or agent of the Crown, or for anything done or omitted to
be done in relation to a telephonic communication by any
person while so employed; nor shall any officer of the
crown be subject, except at the suit of the Crown, to any
civil liability for the matters aforesaid.
(2) In this section the expression "postal article"
includes any telegram.
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CROWN PROCEEDINGS
(3) Any reference in this section to a postal article shall
be construed as including a reference to the contents of such an
article.
(4) Nothing in this section shall be deemed to affect
any provisions of the Post Ofice Act or of any regulations
made thereunder in relation to the payment of compensa-
tion for the loss of or damage to a postal article.
Provisions
relating to the
8.-(1) Nothing done or omitted to be done by a member
srmedforces. of the armed forces of the Crown while on duty as such
shall subject either him or the Crown to liability in tort
for causing the death of another person, or for causing
personal injury to another person, in so far as the death
or personal injury is due to anything suffered by that other
person while he is a member of the armed forces of the
Crown if-
(a) at the time when that thing is suffered by that
other person, he is either on duty as a member of
the armed forces of the Crown or is, though not
on duty as such, on any land, premises, ship, air-
craft or vehicle for the time being used for the
purposes of the armed forces of the Crown; and
(b) the Minister certifies that his suffering that thin8
has been or will be treated as attributable to service for
the purposes of entitlement to an award under any law
for the time being relating to the disablement or death
of members of the force of which he is a member:
Provided that this subsection shall not exempt a member of
the said forces from liability in tort in any case in which the
court is satisfied that the act or omission was not connected with
the execution of his duties as a member of those forces.
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CROWN PROCEEDINGS 9
(2) No proceedings in tort shall lie against the Crown
for death or personal injury due to anything suffered by
a member of the armed forces of the Crown if-
(a) that thing is suffered by him in consequence of the
nature or condition of any such land, premises,
ship, aircraft or vehicle as aforesaid, or in con-
sequence of the nature or condition of any equip-
ment or supplies used for the purposes of those
forces; and
(b) the Minister certifies as mentioned in subsection
(11,
nor shall any act or omission of an officer of the Crown
subject him to liability in tort for death or personal injury
in so far as the death or personal injury is due to anything
suffered by a member of the armed forces of the Crown
being a thing as to which the conditions aforesaid are
satisfied.
(3) The Minister, if satisfied that it is the fact-
(a) that a person was or was not on any particular
occasion on duty as a member of the armed forces
of the Crown; or
(b) that at any particular time any land, premises,
ship, aircraft, vehicle, equipment or supplies was
or was not, or were or were not, used for the
purposes of the said forces,
may issue a certificate certifying that to be the fact; and
any such certificate shall, for the purposes of this section,
be conclusive as to the fact which it certifies.
PART III. Jurisdiction and Procedure
9.-(1) Where any person has a claim against the Crown Right to
after the commencement of this Act, and, if this Act had Crown.
not been passed, the claim might have been enforced,
whether subject to the grant of a fiat or not, by a proceed-
sue the
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80 CROWN PROCEEDINGS
ing provided by the common law or by any statutory pro-
vision repealed by this Act, then, subject to the provisions
of this Act, the claim may be enforced as of right, and
without the grant of a fiat, by proceedings taken against
the Crown for that purpose in accordance with the pro-
visions of this Act.
(2) In any civil proceedings in tort in the Supreme
Court to which the Crown is or becomes a party the pro-
cedure and practice for the time being of the Supreme
Court of Judicature in England shall, in relation to the
mode of trial, be followed and the rules of court shall for
this purpose be adapted and modified accordingly.
(3) In any civil proceedings in tort in a Resident
Magistrate’s Court to which the Crown is or becomes a
party the procedure and practice for the time being of the
County Courts in England shall, in relation to the mode
of trial, be followed and the Resident Magistrate’s Court
rules shall for this purpose be adapted and modified
accordingly.
Mode of
trial.
The Supreme Court
10. Subject to the provisions of this Act, all such civil
proceedings by or against the Crown as are mentioned in
the First Schedule are hereby abolished, and all civil pro-
ceedings by or against the Crown in the Supreme Court shall
be instituted and proceeded with in accordance with rules of
court and not otherwise.
Civil
Supreme Cou t.
First
proceedings
in the
Schedule.
Resident Magistrate’s Court
11.-(1) Subject to the provisions of this Act, and to
any enactment limiting the jurisdiction of a Resident
Magistrate’s Court (whether by reference to the subject
matter of the proceedings to be brought or the amount
Civil
in procedure th
Resident
Court.
Magistrate’s
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CROWN PROCEEDINGS 11
sought to be recovered in the proceedings or otherwise) any
civil proceedings by or against the Crown may be instituted
in a Resident Magistrate’s Court.
(2) Subject to the provisions of subsection (3) of
section 9 any proceedings by or against the Crown in a
Resident Magistrate’s Court shall be instituted and proceed-
ed with in accordance with Resident Magistrate’s Court
rules and not otherwise.
General
proceedings, and may be made a party to such proceedings,
in the same manner in which a subject may obtain relief by
way of such proceedings or be made a party thereto, and
may be made a party to such proceedings notwithstanding
that the application for relief is made by a bailiff or other
like officer; and all rules of court and Resident Magistrate’s
Court rules relating to interpleader proceedings shall, sub-
ject to the provisions of this Act, have effect accordingly.
12. The Crown may obtain relief by way of interpleader Inter-
13.-(1) Civil proceedings by the Crown shall be in- Parties
to pro- stituted by the Attorney-General. ceedings.
(2) Civil proceedings against the Crown shall be
instituted against the At t orney-General.
(3) No proceedings instituted in accordance with
this Part by or against the Attorney-General shall abate
or be affected by any change in the person holding the
office of Attorney-General.
14. All documents required to be served on the Crown Serviceof
documents. for the purpose of or in connection with any civil proceed-
ings by or against the Crown shall be served on the
prescribed officer.
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12 CROWN PROCEEDlNGS
Removal
and
transfer of
proceedings.
15.41) If in a case where proceedings are instituted
against the Crown in a Resident Magistrate’s Court an
application in that behalf is made by the Crown to the
Supreme Court, and there is produced to the Court a
certificate of the Attorney-General to the effect that the
proceedings may involve an important question of law,
or may be decisive of other cases arising out of the same
matter, or are for other reasons more fit to be tried in the
Supreme Court, the proceedings shall be removed into the
Supreme Court notwithstanding the provisions of section
130 of the Judicature (Resident Magistrate’s) Act.
Where any proceedings have been removed into the
Supreme Court on the production of such a certificate as
aforesaid, and it appears to the Court by whom the proceed-
ings are tried that the removal has occasioned additional
expense to the person by whom the proceedings are brought,
the Court may take account of the additional expense so
occasioned in exercising its powers in regard to the award
of costs.
(2) Without prejudice to the rights of the Crown
under the preceding provisions of this section, all rules of
law and enactments relating to the removal or transfer of
proceedings from a Resident Magistrate’s Court to the
Supreme Court or the transfer of proceedings from the
Supreme Court to a Resident Magistrate’s Court, shall apply
in relation to proceedings by or against the Crown:
Provided that an order for the transfer to a Resident
Magistrate’s Court of any proceedings by or against the
Crown in the Supreme Court shall not be made without
the consent of the Crown.
Nature of 16.-(1) In any civil proceedings by or against the Crown
the Court shall, subject to the provisions of this Act, have
power to make all such orders as it has power to make in
relief.
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CROWN PROCEEDINGS 13
proceedings between subjects, and otherwise to give such
appropriate relief as the case may require :
Provided that-
(a) where in any proceedings against the Crown any
such relief is sought as might in proceedings
between subjects be granted by way of injunction
or specific performance, the Court shall not grant
an injunction or make an order for specific per-
formance, but may in lieu thereof make an order
declaratory of the rights of the parties; and
(b) in any proceedings against the Crown for the
recovery of land or other property the Court shall
not make an order for the recovery of land or the
delivery of the property, but may in lieu thereof
make an order declaring that the plaintiff is
entitled as against the Crown to the land or pro-
perty or to the possession thereof.
(2) The Court shall not in any civil proceedings
grant any injunction or make any order against an officer
of the Crown if the effect of granting the injunction or
making the order would be to give any relief against the
Crown which could not have been obtained in proceedings
against the Crown.
17. Subject to the provisions of this Act, all enact- Appeals
ments, rules of court and Resident Magistrate’s Court rules stayof
relating to appeals and stay of execution shall, with any execution.
necessary modifications, apply to civil proceedings by or
against the Crown as they apply to proceedings between
subjects.
and
18.-(1) Subject to the provisions of this section, any Scopeof
reference in this Part to civil proceedings by the Crown shall Part In.
be construed as a reference to the following proceedings
only-
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14 CROWN PROCEEDINGS
First
Schedule.
(b)
Second
Schedule.
(C)
proceedings for the enforcement or vindication of
any right or the obtaining of any relief which, if
this Act had not been passed, might have been
enforced or vindicated or obtained by any such
proceedings as are mentioned in paragraph 1 of
the First Schedule;
proceedings for the enforcement or vindication of
any right or the obtaining of any relief which,
if this Act had not been passed, might have been
enforced or vindicated or obtained by an action at
the suit of the Attorney-General or any officer of
the Crown as such or by proceedings taken by
virtue of any of the enactments set out in the
Second Schedule;
all such proceedings as the Crown is entitled to
bring by virtue of this Act,
and the expression “civil proceedings by or against the
Crown” shall be construed accordingly.
(2) Subject to the provisions of this section, any
reference in this Part to civil proceedings against the Crown
shall be construed as a reference to the following proceed-
ings only--
(a) proceedings for the enforcement or vindication of
any right or the obtaining of any relief which,
if this Act had not been passed, might have been
enforced or vindicated or obtained by any such
proceedings as are mentioned in paragraph 2 of
the First Schedule;
(b) proceedings for the enforcement or vindication of
any right or the obtaining of any relief which, if
this Act had not been passed, might have been
enforced or vindicated or obtained by an action
against the Attorney-General or any officer of the
Crown as such or by proceedings taken by virtue
-
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CROWN PROCEEDINGS 15
of any of the enactments set out in the Second
Schedule; and
(c) all such proceedings as any person is entitled to
bring against the Crown by virtue of this Act,
and the expression “civil proceedings by or against the
Crown” shall be construed accordingly.
(3) Notwithstanding anything in the preceding pro-
visions of this section, the provisions of this Part shall not
have effect with respect to any of the following proceed-
ings, that is to say-
(a) proceedings brought by the Attorney-General on
(b) proceedings by or against the Registrar of Titles
(c) proceedings by or against the Administrator-
(d) proceedings by or against the Trustee in Bank-
the relation of some other person;
or any officer of that Registry;
General;
ruptcy.
PART IV. Judgments and Execution
19.-(1) Section 51 of the Judicature (Supreme Court) Interest
on dcbts, Act and section 210 of the Judicature (Resident Magistrates) d amagrs
Act (which provide that judgment debts shall carry interest) and
shall apply to judgment debts due from or to the Crown.
(2) Where any costs are awarded to or against the
Crown in the Supreme Court, interest shall be payable
upon those costs unless the Court otherwise orders, and any
interest so payable shall be at the same rate as that at which
interest is payable upon judgment debts due from or to the
Crown.
(3) The Interest (Allowance by Jury) Act (which
empowers a jury to award interest on debts and damages)
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16 CROWN PROCEEDINGS
and section 3 of the Law Reform (Miscellaneous Provi-
sions) Act (which empowers Courts of Record to award
interest on debts and damages), shall apply to judgments
given in proceedings by and against the Crown.
(4) This section shall apply both in relation to pro-
ceedings pending at the commencement of this Act and in
relation to proceedings instituted thereafter .
Satisfaction
against&e
20.-(1) Where in any civil proceedings by or against the
Crown, or in connection with any arbitration to which the
Crown is a party, any order (including an order for costs)
is made by any Court in favour of any person against the
Crown or against an officer of the Crown as such, the proper
officer 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
or, in case the order provides for the payment of costs and
the costs require to be taxed, at any time after the costs
have been taxed, whichever is the later, issue to that person
a certificate in the prescribed form containing particulars
of the order :
Provided that, if the Court so directs, a separate certifi-
cate shall be issued with respect to the costs (if any) ordered
to be paid to the applicant.
(2) A copy of any certificate issued under this
section may be served by the person in whose favour the
order is made upon the person for the time being named in
the record as the solicitor, or as the person acting as
solicitor, for the Crown or for the officer concerned.
(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 the
appropriate Government department shall, subject as here-
of orders
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CROWN PROCEEDINGS 17
inafter provided, pay to the person entitled or 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
the order lies may direct that, pending an appeal or other-
wise, 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 money
or costs as aforesaid, and no person shall be individually
liable under any order for the payment by the Crown or
any officer of the Crown as such, of any such money or
costs.
( 5 ) This section shall apply both in relation to pro-
ceedings pending at the commencement of this Act and in
relation to proceedings instituted thereafter.
21.-(1) Subject to the provisions of this Act, any order Execution
by the made in favour of the Crown against any person in any Crown,
civil proceedings to which the Crown is a party may be
enforced in the same manner as an order made in an action
between subjects, and not otherwise.
This subsection shall apply both in relation to proceed-
ings pending at the commencement of this Act and in rela-
tion to proceedings instituted thereafter.
(2) Sections 2 and 3 of the Debtors Act (which
provide respectively for the abolition of imprisonment for
debt, and for saving the power of committal in case of
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18 CROWN PROCEEDINGS
small debts) shall apply to sums of money payable and
debts due to the Crown.
Attachment
payableby
thecrown.
2 2 4 1 ) Where any money is payable by the Crown to
some person who, under any order of any Court, is liable
to pay any money to any other person, and that other person
would, if the money so payable by the Crown were money
payable by a subject, be entitled under rules of court to
obtain an order for the attachment thereof as a debt due or
accruing due, or an order for the appointment of a
sequestrator or receiver to receive the money on his behalf,
the Supreme Court may, subject to the provisions of this
Act and in accordance with rules of court, make an order
restraining the first-mentioned person from receiving that
money and directing payment thereof to that other person,
or to the sequestrator or receiver :
of moneys
Provided that no such order shall be made in respect of-
(a) any wages or salary payable to any officer of the
Crown as such;
(b) any money which is subject to the provisions of
any enactment prohibiting or restricting assign-
ment or charging or taking in execution; or
(c) any money payable by the Crown to any person on
account of a deposit in the Workers Savings and
Loan Bank.
(2) The provisions of subsection (1) shall, so far as
they relate to forms of relief falling within the jurisdiction
of a Resident Magistrate’s Court, have effect in relation to
Resident Magistrates’ Courts as they have effect in relation
to the Supreme Court, but with the substitution of a refer-
ence to Resident Magistrate’s Court rules for any reference
in the said subsection to rules of court.
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CROWN PROCEEDINGS 19
PART V. Miscellaneous and Supplementary
23.-(1) Subject to and in accordance with rules of court Discovery.
and Resident Magistrate’s Court rules-
(a) in any civil proceedings in the Supreme Court or a
Resident Magistrate’s Court to which the Crown
is a party, the Crown may be required by the
Court to make discovery of documents and pro-
duce documents for inspection; and
(b) in any such proceedings as aforesaid, the Crown
may be required by the Court to answer interrog-
atories :
Provided that this section shall be without prejudice to
any rule of law which authorizes or requires the with-
holding of any document or the refusal to answer any
question on the ground that the disclosure of the document
or the answering of the question would be injurious to the
public interest.
An order of the Court made under the powers conferred
by paragraph (b) shall direct by what officer of the Crown
the interrogatories are to be answered.
(2) Without prejudice to the proviso to subsection
(U, any rules made for the purposes of this section shall
be such as to secure that the existence of a document
will not be disclosed if, in the opinion of a Minister of the
Crown, it would be injurious to the public interest to disclose
the existence thereof.
24.-(1) Nothing in this Act shall authorize proceedings Exclusion
in rem in respect of any claim against the Crown, or the gmedingS
arrest, detention or sale of any vessef, cargo or other pro- inrern
perty belonging to the Crown, or give to any person any crown.
lien on any such vessel, cargo or other property.
(2) Where proceedings in rem have been instituted
in the Supreme Court or in Resident Magistrate’s Court,
against the
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20 CROWN PROCEEDINGS
against any such vessel, cargo or other property, the Court
may, if satisfied, either on an application by the plaintiff
for an order under this subsection or an application by the
Crown to set aside the proceedings, that the proceedings
were so instituted by the plaintiff in the reasonable belief
that the vessel, cargo or other property did not heIong to
the Crown, order that proceedings shall be treated as if
they were in personam duly instituted against the Crown
in accordance with the provisions of this Act, or duly
instituted against any other person whom the Court
regards as the proper person to be sued in the circum-
stances, and that the proceedings shall Continue accord-
ingly.
Any such order may be made upon such terms, if any, as
the Court thinks just; and where the Court makes any such
order it may make such consequential orders as the Court
thinks expedient.
Limitation
of actions.
25. Nothing in this Act shall prejudice the right of the
Crown to rely upon the law relating to the limitation of
time for brfnging proceedings against public authorities.
Application
to the
Crown
of certain
statutory
provisions.
26.-(1) This Act shall not prejudice the right of the
Crown to take advantage of the provisions of a statute
although not named therein; and it is hereby declared that
in any civil proceedings against the Crown the provisions
of any enactment which could, if the proceedings were
between subjects, be relied upon by the defendant as a
defence to the proceedings whether in whole or in part, or
otherwise, may, subject to any express provision to the
contrary, be so relied upon by the Crown.
(2) Section 4 of the Debtors Act (which empowers
the court in certain circumstances to order the arrest of a
defendant about to quit the Island) shall, with any neces-
sary modifications, apply to civil- proceedings by the
Crown.
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CROWN PROCEEDINGS 21
27. No claim by or against the Crown, and no proceed- Noabate-
ings for the enforcement of any such claim, shall abate or demiseof
be affected by the demise of the Crown.
ment on
Crown.
28. No writ of extent or of diem clausit extremurn shall Abolition
of certain
writs. issue after the commencement of this Act.
Supplemental
29.-(1) Any power to make rules of court or Resident Rulesof
for the purpose of giving effect to the provisions of this ~ ~ ~ , ! ; ~ ~ ~ ~ ;
Act, and any such rules may contain provisions to have
effect in relation to any proceedings by or against the Crown
in substitution for or by way of addition to any of the pro-
visions of the rules applying to proceedings between
subjects.
(2) Provision shall be made by rules of court and
Resident Magistrate’s Court rules with respect to the
following matters-
(a) for providing for service of process, or notice
thereof, in the case of proceedings by the Crown
against persons, whether Commonwealth citizens
or not, who are not resident in the Island;
(b) for securing that where any civil proceedings are
brought against the Crown in accordance with
the provisions of this Act the plaintiff shall, before
the Crown is required to take any step in the
proceedings, provide the Crown with such inform-
ation as the Crown may reasonably require
as to the circumstances in which it is alleged that
the liability of the Crown has arisen and as to
the departments and officers of the Crown con-
cerned;
(c) for providing that in the case of proceedings
against the Crown the plaintiff shall not enter
Magistrate’s Court rules shall include power to make rules court Resident a d
[The inclusion of this page is authorized by LN. 480/1973]
22 CROWN PROCEEDINGS
judgment against the Crown in default of appear-
ance or pleading without the leave of the Court
to be obtained on an application of which notice
has been given to the Crown;
(6) for excepting proceedings brought against the
Crown from the operation of any rule of court
providing for summary judgment without trial,
and for enabling any such proceedings to be put
in proper cases into any special list which may
be kept for the trial of short causes in which leave
to defend is given under any such rule of court as
aforesaid;
(e) for authorizing the Crown to deliver interrog-
atories without the leave of a Court in any proceed-
ings for the enforcement of any right for the
enforcement of which proceedings by way of
English information might have been taken if
this Act had not been passed, so, however, that
the Crown shall not be entitled to deliver any
third or subsequent interrogatories without the
leave of the Court;
( f ) for enabling evidence to be taken on commission
in proceedings by or against the Crown;
(g) for providing-
(i) that a person shall not be entitled to avail
himself of any set-off or counterclaim in any
proceedings by the Crown without leave
of the Court;
(ii) that the Crown shall not be entitled to
avail itself of any set-off or counterclaim
without the leave of the Court;
(h) for providing for the mode of trial where the
Crown becomes a party to any civil proceedings
in tort after such proceedings have commenced.
F e incluqion of this page is authorized by L.N. 480/1973]
CROWN PROCEEDINGS 23
34). Save as otherwise expressly provided, the provisions Pending
of this Act shall not affect proceedings by or against the
Crown which have been instituted before the commence-
ment of this Act; and for the purposes of this section pro-
ceedings against the Crown shall be deemed to have been
so instituted if a statement of complaint with respect to
the matter in question has been left with the Registrar of
the Supreme Court to be laid before the Governor before
the commencement of this Act.
31.-(1) Any expenditure incurred by or on behalf of the vinnn+l
Crown by reason of the passing of this Act shall be defrayed
out of money voted by Parliament.
(2) Any sums payable to the Crown shall be paid
into the Consolidated Fund.
32.-(1) The enactments set out in the Second Schedule Repeals,
are hereby repealed to the extent specified in the third :Fiond
(2) The repeals effected by subsection (1) of this
section shall be operative only in so far as the repealed
enactment affects proceedings by or against the Crown or
any officer of the Crown as defined in this Act.
column of that Schedule. Schedule.
33.-(1) Except as therein otherwise expressly provided Savings.
(a) authorize proceedings to be taken against the
Crown under or in accordance with this Act in
respect of any alleged liability of the Crown
arising otherwise than in respect of Her Majesty’s
Government in the Island, or affect proceedings
against the Crown in respect of any such alleged
liability as aforesaid; or
nothing in this Act shall-
[The inclusion of this page is authorized by L.N. 480/1973]
24 CROWN PROCEEDINGS
affect any proceedings by the Crown otherwise
than in right of Her Majesty’s Government in the
Island; or
subject the Crown to any greater liabilities in
respect of the acts or omissions of any independ-
ent contractor employed by the Crown than
those to which the Crown would be subject in
respect of such acts or omissions if it were a
private person; or
affect any rules of evidence or any presumption
relating to the extent to which the Crown is
bound by any enactment; or
affect any right of the Crown to demand a trial at
bar or to control or otherwise intervene in
proceedings affecting its rights, property or profits;
or
(f) affect any proceedings for the recovery of any
taxes within the meaning of the Tax Collection
Act or of any fines or penalties, or for the for-
feiture and condemnation of any goods,
and without prejudice to the general effect of the foregoing
provisions, Part IV shall not apply to the Crown except
in right of Her Majesty’s Government in the Island.
(2) A certificate of the Minister responsibIe for
(a) to the effect that any alleged liability of the Crown
arises otherwise than in respect of Her Majesty’s
Government in the Island;
(b) to the effect that any proceedings by the Crown
are proceedings otherwise than in right of Her
Majesty’s Government in the Island,
shall, for the purposes of this Act, be conclusive as to the
matter so certified.
home affairs-
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CROWN PROCEEDINGS 25
(3) Where any property vests in the Crown by virtue
of any rule of law which operates independently of the acts
or the intentions of the Crown, the Crown shall not by
virtue of this Act be subject to any liabilities in tort by
reason only of the property being so vested; but the pro-
visions of this subsection shall be without prejudice to the
liabilities of the Crown under this Act in respect of any
period after the Crown or any person acting for the Crown
has in fact taken possession or control of any such pro-
perty, or entered into occupation thereof.
(4) This Act shall not operate to limit the discretion
of the Court to grant relief by way of mandamus in cases
in which such relief might have been granted before the
commencement of this Act, notwithstanding that by reason
of the provisions of this Act, some other and further remedy
is available.
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26 CROWN PROCEEDINGS
FIRST SCHEDULE (Seotions 10, 18)
Proceedings Abolished by this Act
1. (1) Latin informations and English informations.
(2) Writs of capias ad respondendum, writs of subpoena ad
(3) Writs of scire facias.
(4) Proceedings for the determination of any issue upon a writ of
respondendum, and writs of appraisement.
extent or of diem clousit extremum.
2. (1) Proceedings by way of petition of right.
( 2 ) Proceedings by way of monstrans de droit.
[The inclusion of this page is authorized by L.N. 480/1973]
Statute
Cap. 207
(1938 Edtn.
omitted.)
Cap. 177
(1953 Edtn.
omitted.)
CROWN PROCEEDINGS
SECOND SCHEDULE (Sections 18, 32)
Enactments Repealed
27
Short Title
Kingston Public
Wharf and Public
Bonding Warehouse
Law
Judicature (Civil
Procedure Code)
Law
Judicature (Residen
Magistrates) Act
Main Roads Act
Parishes Water
Supply Act
relegraph Act
Section
Section 2.
Sections 656-662.
Proviso to section 188.
Section 30, section 32 delete the
words appearing after the word
“Law”.
Section 62, section 63 delete the
words appearing after the word
“Law” where it appears for the
first time.
Section 7, section 17 delete the
words appearing after the word
“business”.
[The inclusion of this page is authorized by L.N. 480/1973]
