CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 58

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ment under this section being brought in the name of the Attorney General. (cf. Ordinance No. 10 of 1899, s. 17 (7), and Section 5 (3) makes it clear that proceedings in rem cannot be taken against a British or foreign man of war (V. 1 Halsbury paragraphs 121, 122).

3. Sections 4, 6, 7, 9, and 12 of this Ordinance are based on sections 7, 8, 10, 13 and 9 respectively of Ordi- nance No. 39 of 1909. But section 8 (which is derived from section 12 of Ordinance No. 39 of 1909 and from section 3 of Ordinance No. 15 of 1901 as amended in 1932) and section 1 of this Ordinance, unlike section 12 of the 1909 Ordinance, make it clear that claimants must prove their rights to compensation independently of this

Ordinance before it can be awarded under this Ordinance. Sub-section (4) of section 8 providing for assessors is new but may be compared with rule 76 in the Schedule to Ordinance No. 6 of 1896, s. 16 of Ordinance No. 2 of 1901 and s. 6 (2) of Ordinance No. 10 of 1900 as enacted by s. 2 of Ordinance No. 27 of 1930.

4. Section 10 excludes claims in respect of public rights and provides that claims in respect of private rights must be presented in accordance with the procedure laid down in the Ordinance. It is based to some extent on section 8 of Ordinance No. 10 of 1900.

5. Section 13 saves the rights of the Admiralty in respect of the Naval Yard area (v. Dispatch No. 130 from the Secretary of State, dated 7.5.32).

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C. G. ALABASTER,

Attorney General.

March, 1933.