CROWN COSTS ACT.

Nelson Examiner and New Zealand Chronicle, Volume XVII, Issue 76, 22 September 1858, Page 4

CROWN COSTS ACT.

An Act to provide for the payment of Costs in Proceedings instituted on behalf of the Crown.

[28th May, 1858.

Preamble. — Whereas, in divers proceedings instituted by or on behalf of the Crown against the Queen's subjects, no costs are recovered by the Crown, except in certain cases, and no costs are paid by the Crown to the subject : And whereas it 13 expedient to assimilate the law as to the recovery of costs in such proceedings by or on behalf of the Crown to that in force as to proceedings between subject and subject : Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows : —

1. In certain Crown Suits, fyc, where the Crown is successful, costs to be recovered as between subject and subject. — In all informations, actions, suits, and all other legal proceedings, to be hereafter instituted before any court or tribunal, by or on hehalf of the Crown, against any corporation or person or persons, in respect of any lands, tenements, or hereditaments, or of any goods or chattels belonging or accruing to the Crown, or in respect of any sum or sums of money due and owing to her Majesty, her Majesty's AttorneyGeneral for the colony shall be entitled to recover costs for and on behalf of her Majesty, where judgment shall be given for the Crown, in the same manner and under the same rules, regulations, and provisions as are or may be in force touching the payment or receipt of costs in proceedings between subject and subject, and such costs shall be paid into the Treasury for the public uses of the colony, 2. Defendant entitled to costs if successful against the Crown.-^i in any such information, action, suit, or other proceeding, judgment shall be given against the Crown, the defendant or defendants shall be entitled to recover costs in like manner and subject to the same rules and provisions ns though such proceedings had been between subject and subject ; and it shall be lawful for the Colonial Treasurer, upon the warrant of the Governor, wbich he is hereby required to issue, to pay such costs out of any moneys which may be hereafter voted by the Parliament of the colony for that purpose. 3. Short Title.— The short title of this act shall be "Crown Costs Act, 1858."