Crown Suits Act 1855

1855 CHAPTER 90

An Act for the Payment of Costs in Proceedings instituted on behalf of the Crown in Matters relating to the Revenue, and for the Amendment of the Procedure and Practice in Crown Suits in the Court of Exchequer.

[14th August 1855]

WHEREAS in divers Proceedings instituted by or on behalf of the Crown against the Queen's Subjects in respect of Matters relating to the Revenue 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 is 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 Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

I In all Crown Suits, &c., where the Crown is successful Costs to be recovered as between Subject and Subject.

In all Informations, Actions, Suits, and other legal Proceedings to be hereafter instituted before any Court or Tribunal whatever in the United Kingdom of Great Britain and Ireland, by or on behalf 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, the Proceeds whereof, or the Rents or Profits of which said Lands, Tenements, or Hereditaments, by any Act now in force or hereafter to be passed are to be carried to the Consolidated Fund of Great Britain and Ireland, or in respect of any Sum or Sums of Money due and owing to Her Majesty by virtue of any Vote of Parliament for the Service of the Crown, or of any Act of Parliament relating to the Public Revenue, Her Majesty's Attorney General, or in Scotland the Lord Advocate, 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 pr 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 Exchequer, and shall become Part of the Consolidated Fund.

II Defendant entitled to Costs, if successful against the Crown.

If 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, as though such Proceeding had been had between Subject and Subject; and it shall be lawful for the Commissioners of Her Majesty's Treasury and they are hereby required to pay such Costs out of any Monies which may be hereafter voted by Parliament for that Purpose.

III Power to Judges to make Rules and Orders for Regulation of Pleading and Practice in Crown Suits.

And whereas the Procedure and Practice in Informations, Suits, and other Proceedings instituted by or on behalf of the Crown in Her Majesty's Court of Exchequer is dilatory, and requires Amendment, and it is desirable that the same should be assimilated as nearly as may be to the Course of Practice and Procedure now in force in Actions and Suits between Subject and Subject: Be it enacted, That it shall be lawful for the Barons of Her Majesty's Court of Exchequer in England, or any Three of them, and also for the Barons of Her Majesty's Court of Exchequer in Ireland, or any Three of them, in their respective Courts, to make all such General Rules and Orders for the Regulation of the Pleading and Practice in such Informations, Suits, and other Proceedings, and to frame such Writs and Forms of Proceedings, as to them may seem expedient for the Purpose aforesaid ; and all such Rules, Orders, or Regulations shall be laid before both Houses of Parliament, if Parliament be then sitting, immediately upon the making of the same, or if Parliament be not sitting, then within Five Days after the next Meeting thereof; and no such Rule, Order, or Regulation shall have Effect until Three Months after the same shall have been so laid before both Houses of Parliament; and any Rule, Order, or Regulation so made shall, from and after such Time aforesaid, be binding and obligatory on the said Court, and on all Courts of Error into which any Judgment of the said Court shall be carried by any Writ of Error, and be of the like Force and Effect, as if the Provisions contained therein had been expressly enacted by Parliament : Provided always, that it shall be lawful for the Queen's most Excellent Majesty, by any Proclamation inserted in the London Gazette, or for either of the Houses of Parliament, by any Resolution passed at any Time within Three Months next after such Rules, Orders, and Regulations shall have been laid before Parliament, to suspend the whole or any Part of such Rules, Orders, or Regulations, and in such Case the whole, or such Part thereof as shall be so suspended, shall not be binding and obligatory on the said Courts, or on any other Court of Common Law or Court of Error.