Crown Suits Act, 1855

CROWN SUITS ACT 1855

CHAPTER XC.

An Act for the Payment of Costs in Proceedings instituted on behalf of the Crown in Matters relating to the Revenue; . . . [1] [14th August 1855.]

[Preamble.]

Costs in Crown suits, &c. where the Crown is successful.

1. [2] 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 or 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.

Costs where defendant is successful.

2. [2] 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 Treasury, and they are hereby required, to pay such costs out of any monies which may be hereafter voted by Parliament for that purpose.

[S. 3 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

[1Short title, “The Crown Suits Act, 1855.” See 55 & 56 Vict. c. 10.]

[2 Ss. 1, 2 are extended to the Isle of Man. €25 & 26 Vict. c. 14. c. 1.]