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Exchequer Court (Scotland) Act 1856

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24 Costs may be given for and against the Crown.E+W+S+N.I.

In all causes which shall be instituted under this Act before the Court of Session acting as the Court of Exchequer in Scotland, and in all causes presently depending or which shall come to depend before any civil court in Scotland, at the instance or on the behalf of the Crown against any person or persons, or against the Crown at the instance of any person or persons, the Crown, or the Lord Advocate or other person or persons suing on its behalf, shall be entitled, when decree shall be given for the Crown, to move for and recover expenses of process, in the like manner as and under the like rules, regulations, and provisions as are or may be in force touching expenses of process in proceedings between subject and subject; and, where in any cause, whether to be brought under this Act, or presently depending, or which may come to depend before any civil court in Scotland, decree shall be given against the Crown, the subject obtaining such decree shall be entitled to move for and, if awarded, to recover expenses of process, in the like manner and subject to the like rules, regulations, and provisions as aforesaid; and it shall also be competent to recover expenses of diligence to which the Crown is a party, in the like manner and to the like extent as such expenses may be recovered in cases between subject and subject.

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