1964 Ed.]
Crown Proceedings.
[CAP. 300
19
this Ordinance; and for the purpose of this section proceedings against the Crown shall be deemed to have been so instituted if a statement of claim with respect to the matter in question has been filed and a sealed copy thereof has been served upon the Attorney General before the commencement of this Ordinance.
32. (1) Any expenditure incurred by or on behalf of the Crown in right of Her Majesty's Government in the Colony by reason of the passing of this Ordinance shall be defrayed out of moneys provided by the Legislative Council.
(2) Any sums payable to the Crown by reason of the passing of this Ordinance shall be paid into the Treasury.
33. The statutes set out in the Second Schedule to this Ordinance shall no longer have effect in the Colony to the extent specified in the third column of that Schedule.
34. (1) Nothing in this Ordinance shall apply to proceedings by or against, or authorize proceedings in tort to be brought against, Her Majesty in Her private capacity.
(2) Except as therein otherwise expressly provided, nothing in this Ordinance shall-
(a) affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of any court as a prize court or to any criminal proceedings; or
(b) authorize proceedings to be taken against the Crown under or in accordance with the provisions of this Ordinance in respect of any alleged liability of the Crown arising otherwise than in respect of Her Majesty's Government in the Colony, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid; or
(c) authorize proceedings to be taken against the Crown under or in accordance with the provisions of this Ordinance in respect of any act, neglect, or default of any officer or agent of the Crown, unless-
(i) such 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 revenues of the Colony or any other fund certified by the Governor for the purposes of this paragraph or was at the material time holding an office in respect of which the Governor certifies that the holder thereof would normally be so paid;
(ii) such agent was at the material time acting for and on behalf of the Government; or
Financial provisions.
{cf. 10 & 11 Geo. 6 c. 44, s. 37.]
Statutes no longer effective. Second Schedule. let. 10 & 11 Geo. 6 c. 44, s. 39.1
Saving.
[cf. 10 & 11 Geo. 6 c. 44, s. 40.]
Page 20
Page 21
1964 Ed.]
Crown Proceedings.
[CAP. 300
19
this Ordinance; and for the purpose of this section proceedings against the Crown shall be deemed to have been so instituted if a statement of claim with respect to the matter in question has been filed and a sealed copy thereof has been served upon the Attorney General before the commencement of this Ordinance.
32. (1) Any expenditure incurred by or on behalf of the Crown in right of Her Majesty's Government in the Colony by reason of the passing of this Ordinance shall be defrayed out of moneys provided by the Legislative Council.
(2) Any sums payable to the Crown by reason of the passing of this Ordinance shall be paid into the Treasury.
33. The statutes set out in the Second Schedule to this Ordinance shall no longer have effect in the Colony to the extent specified in the third column of that Schedule.
34. (1) Nothing in this Ordinance shall apply to proceed- ings by or against, or authorize proceedings in tort to be brought against, Her Majesty in Her private capacity.
(2) Except as therein otherwise expressly provided, nothing in this Ordinance shall-
(a) affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of any court as a prize court or to any criminal pro- ceedings; or
(b) authorize proceedings to be taken against the Crown under or in accordance with the provisions of this Ordinance in respect of any alleged liability of the Crown arising otherwise than in respect of Her Majesty's Government in the Colony, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid; or
(c) authorize proceedings to be taken against the Crown under or in accordance with the provisions of this Ordinance in respect of any act, neglect, or default of any officer or agent of the Crown, unless-
(i) such officer has been directly or indirectly ap- pointed 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 revenues of the Colony or any other fund certified by the Governor for the purposes of this paragraph or was at the material time holding an office in respect of which the Governor certifies that the holder thereof would normally be so paid;
(ii) such agent was at the material time acting for and on behalf of the Government; or
Financial provisions.
{cf. 10 & 11 Geo. 6 c. 44, s. 37.]
Statutes no longer effective. Second Schedule. let. 10 & 11 Geo. 6 c. 44, s. 39.1
Saving.
[cf. 10 & 11 Geo. 6 c. 44, s. 40.]
Page 20Page 21
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