4
CAP. 300]
Crown Proceedings.
[1964 Ed.
"statutory duty” means any duty imposed by or under any Act of
Parliament or Ordinance.
(3) Any reference in this Ordinance to Her Majesty in Her private capacity shall be construed as including a reference to Her Majesty in right of Her Duchy of Lancaster.
(4) Any reference in Part IV or V of this Ordinance to civil proceedings by or against the Crown, or to civil proceedings to which the Crown is a party, shall be construed as including a reference to civil proceedings to which the Attorney General, or any Government department, or any officer of the Crown as such, is a party:
Provided that the Crown shall not for the purposes of Parts IV and V of this Ordinance 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.
(5) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by or under any enactment, including this Ordinance.
Right to sue the Crown.
(cf. 10 & 11 Geo. 6 c. 44, s. 1.)
Liability of the Crown in tort.
[cf. 10 & 11 Geo. 6 c. 44, s. 2.)
PART II.
SUBSTANTIVE LAW.
3. Where any person has a claim against the Crown after the commencement of this Ordinance and, if this Ordinance had not been passed, the claim might have been enforced, subject to the consent of the Governor, under the rules of the Supreme Court, or might have been enforced by the proceedings provided by any statute ceasing to have effect in the Colony by virtue of this Ordinance, or by any enactment repealed by this Ordinance, then, subject to the provisions of this Ordinance, the claim may be enforced as of right, and without the consent of the Governor, by proceedings taken against the Crown for that purpose in accordance with the provisions of this Ordinance.
4. (1) Subject to the provisions of this Ordinance, the Crown 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:
Page 6
4
CAP. 300]
Crown Proceedings.
[1964 Ed.
"statutory duty” means any duty imposed by or under any Act of
Parliament or Ordinance.
(3) Any reference in this Ordinance to Her Majesty in Her private capacity shall be construed as including a reference to Her Majesty in right of Her Duchy of Lancaster.
(4) Any reference in Part IV or V of this Ordinance to civil proceedings by or against the Crown, or to civil proceedings to which the Crown is a party, shall be construed as including a reference to civil proceedings to which the Attorney General, or any Government department, or any officer of the Crown as such, is a party:
Provided that the Crown shall not for the purposes of Parts IV and V of this Ordinance be deemed to be a party to any pro- ceedings by reason only that they are brought by the Attorney General upon the relation of some other person.
(5) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by or under any enactment, including this Ordinance.
Right to sue the Crown.
(cf. 10 & 11 Geo. 6 c. 44, s. 1.)
Liability of the Crown in tort.
[cf. 10 & 11 Geo. 6 c. 44, s. 2.)
PART II.
SUBSTANTIVE LAW.
3. Where any person has a claim against the Crown after the commencement of this Ordinance and, if this Ordinance had not been passed, the claim might have been enforced, subject to the consent of the Governor, under the rules of the Supreme Court, or might have been enforced by the proceedings provided by any statute ceasing to have effect in the Colony by virtue of this Ordinance, or by any enactment repealed by this Ordinance, then, subject to the provisions of this Ordinance, the claim may be enforced as of right, and without the consent of the Governor, by proceedings taken against the Crown for that purpose in accordance with the provisions of this Ordinance.
4. (1) Subject to the provisions of this Ordinance, the Crown 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 com- mon law to the ownership, occupation, possession or control of property:
EPage 6
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