Salter v. Sawtell v. Berkholz Simpson v. Kemp Simounds v. Maybury Smedley v. The Council of the Municipality of Ashfield. Spicer & others v. The International Paper Co. 115 116 8 103 8 107 118, 123 102, 104 9 9, 120 Strachan v. Irmer Stafford v. Gordon Bros. Stewart, Re Stevenson v. Carpenter Sydney Harbor Trust v. Ryan Sydney Harbor Trust v. Warburton Tanner, In re 123 115 103 6, 108 2 109 113 Williams v. Mutual Life Association of Australasia Williams v. Mutual Life Association of Australasia (No. 2) Williams v. Australian Mutual Provident Society .. : 27, 104 117 117 102 104 119 117 117 108 118 : : 121 S.C.P. ROLIN AND INNES' SUPREME COURT PRACTICE. CLAIMS AGAINST THE GOVERNMENT AND CROWN SUITS ACT, 1912. COMMISSIONER'S MEMORANDUM AND CERTIFICATE. THIS Act consolidates : Act No. 30 (1897). Act No. 4 (1904). I certify that this Act solely consolidates, and in no way alters, adds to, or amends the law as contained in the Acts thereby consolidated. CHAS. G. HEYDON, Commissioner for the Consolidation of the Statute Law. TABLE Showing how the sections of Acts consolidated have been dealt with. Short title. Repeal. Schedule. Rules of Court under Acts hereby repealed. Act No. 30, 1897, s. 2. Claimant may petition Governor. Ibid s. 3. Governor may appoint nominal defendant. Petitioner may sue as in Ibid. s. 4. CROWN SUITS ACT. . ACT No. XXVII., 1912. An Act for consolidating enactments relating to Claims See generally the notes in S.C.P., pp. 197, et seq. BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the " Claims against the Government and Crown Suits Act, 1912." 2. (1) The Acts mentioned in the Schedule to this Act are hereby repealed. (2) All rules of court made or deemed to have been made under the authority of any Act hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been made under the authority of this Act. 3. (1) Any person having or deeming himself to have any just claim or demand whatever against the Government of New South Wales may set forth the same in a petition to the Governor praying him to appoint a nominal defendant in the matter of such petition, and the Governor may by notification in the Gazette appoint any person resident in New South Wales to be a nominal defendant accordingly. (2) If within one month after presentation of such petition no such notification is made, the Colonial Treasurer shall be the nominal defendant. 4. The petitioner may sue such nominal defendant at law ordinary cases. Or in equity in any competent court, and every such case shall be commenced in the same way, and the proceedings and rights of parties therein shall as nearly as possible be the same, and judgment and costs shall follow or may be awarded on either side as in an ordinary case between subject and subject. Action not to abate by reason of death of nominal defendant. Act No. 4, 1904, s. 2. Governor to appoint fresh nominal defendant. Ibid. s. 3 (2). Leave to proceed under the Employers Liability Act may be given: Sydney Harbor Trust v. Ryan, (1911) 13 C.L.R. 358. 5. The death of a nominal defendant appointed under this Act, or any Act hereby repealed, shall not cause the action or suit to abate, but it may be continued as hereinafter provided. 6. Where such death occurs the Governor shall, by notification in the Gazette, appoint any person resident in New South Wales to be a nominal defendant within fourteen days after being petitioned to do so by the claimant. |