Crown Suits, etc. Act 1865
| Jurisdiction | UK Non-devolved |
| Citation | 1865 c. 104 |
| Year | 1865 |
(28 & 29 Vict.) C A P. CIV.
[5th July 1865]
BE it 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:
PART I.
Preliminary
1 Short Title.
1. This Act may be cited as ‘TheCrown Suits, &c. Act, 1865.’
2 Division of Act into Parts.
2. This Act shall be deemed to be divided into Five Parts, as follows:
Part I., Preliminary:
Part II., relating to Proceedings byEnglish Information in the Court of Exchequer:
Part III., relating to Proceedings at Law on the Revenue Side of the Court of Exchequer:
Part IV., relating to certain other Classes of Proceedings where the Crown is interested:
Part V., relating to Recovery of Succession, Legacy, and Probate Duty in certain Cases.
3 Extent of Act.
3. This Act shall extend toEngland only.
4 Commencement of Act.
4. This Act shall commence from and immediately after the First Day ofNovember One thousand eight hundred and sixty-five; General Rules under this Act may nevertheless be made before that Time, but not so as to commence before it.
5 Construction of Act.
5. With respect to the Construction of this Act, the following Provisions shall have effect:
(1)Attorney General. (1.) The Provisions of this Act relative to Her Majesty's Attorney General shall be construed as applying also to Her Majesty's Solicitor General, when a Vacancy in the Office of Attorney General or other Occasion so requires:
(2)Crown. (2.) The Provisions of this Act relative to the Crown, or to Her Majesty in light of the Crown, shall be construed as applying also to the Duchy of Lancaster , or to Her Majesty in right of that Duchy, when the Case so requires:
(3)‘Party,’ ‘Parties.’ (3.) The Terms ‘Party’ and ‘Parties’ where used in this Act include, and the same Terms where used in any Enactment extended and applied by this Act shall for the Purposes of this Act include, Her Majesty's Attorney General, and the Attorney General of the Prince of Wales and Duke of Cornwall , as the Case may require:
(4)‘A Judge.’ (4.) The Term ‘a Judge’ where used in this Act means any Judge of One of Her Majesty's Superior Courts of Law at Westminster transacting Business out of Court.
PART II.
Proceedings by English Information in the Court of Exchequer.
6 Interpretation of Terms in Part II.
6. In this Part of this Act—
The Term ‘the Court of Exchequer’ or ‘the Court’ means Her Majesty's Court of Exchequer atWestminster exercising Jurisdiction or Authority in Suits relating to the Revenues of the Crown and of the Duchies of Lancaster and Cornwall instituted and conducted according to the Forms of equitable Procedure:
The Term ‘Information’ means an Information, styled anEnglish Information, exhibited in the Court of Exchequer in the Name of Her Majesty's Attorney General, or of the Attorney General of the Prince of Wales and Duke of Cornwall , as the Informant, and includes an Information and Bill:
The Term ‘Suit’ or ‘Cause’ means a Suit or Cause commenced by Information:
and, except as expressly provided otherwise, nothing in this Part of this Act shall be deemed to apply to any Proceedings other than Proceedings in Suits commenced by Information.
7 Printing of Information.
7. An Information shall be printed, and shall be received and filed in print, and not otherwise.
8 Service of printed Information.
8. The Writ of Subpoena to appear to and answer an Information, and the Writ of Distringas against a Corporation to appear to an Information, are hereby abolished; and in lieu of the Service of such Writs respectively there shall be served a printed Information having an Indorsement thereon in the Form given in the First Schedule to this Act, with such Variations as Circumstances require.
9 Mode and Effect of Service of printed Information.
9. Except in case of a Corporation Aggregate, such Service shall be effected as Service of a Writ of Subpoena is now effected (save that the original Information shall not be produced), and shall have the same Effect in all respects as Service of a Writ of Subpoena now has; and in case of a Corporation Aggregate such Service shall be effected by Delivery of a printed Information, having an Indorsement thereon as aforesaid, to the Mayor or other Head Officer, or to the Town Clerk, Clerk, Treasurer, or Secretary of the Corporation.
10 Information to be marked.
10. The Information served shall be first so marked by the proper Officer of the Court as to indicate the filing of the Information and the Date of the filing.
11 Sale of Copies to Defendant.
11. A Defendant shall be entitled to have as many printed Copies of the Information as he requires, on paying for them at such Rate as General Rules under this Part of this Act direct.
12 Amendments to be subject to same Rules.
12. On Amendment of an Information the foregoing Provisions shall extend and apply,mutatis mutandis , to the Information as amended; but an Information may be amended in Writing in such Cases as General Rules direct.
13 Form, &c. of Interrogatories
13. An Information shall not contain Interrogatories, but the Informant within such Time as General Rules direct may file Interrogatories for the Examination of Defendants from whom he requires an Answer, and deliver to each such Defendant, or his Solicitor, a Copy of the Interrogatories, or of such of them as are applicable to the particular Defendant.
14 Defendant's Answer.
14. A Defendant shall not be bound to put in an Answer unless Interrogatories have been filed, and unless a Copy has been delivered as aforesaid.
15 Time for Defendant to put in Plea, Answer, orDemurrer, &c.
15. A Defendant, whether required to answer or not, may, without Leave of the Court or a Judge, put in a Plea, Answer, or Demurrer within such Time as General Rules direct, but after that Time a Defendant not required to answer shall not be at liberty to put in a Plea, Answer, or Demurrer, except by Leave of the Court or a Judge; nevertheless the Power of the Court or a Judge to grant further Time for pleading, answering, or demurring, on the Application of a Defendant, whether required to answer or not, shall remain unaffected.
16 Contents of Answer.
16. An Answer may contain not only the Defendant's Answers to the Interrogatories, if any, but also such Statements material to the Case as he thinks fit to set forth therein.
17 Abolition of Commissions to take Answers, &c.
17. Commissions to take Pleas, Answers, Disclaimers, and Examinations are, with respect to Pleas, Answers, Disclaimers, and Examinations taken within the Jurisdiction of the Court, hereby abolished; and any such Plea, Answer, Disclaimer, or Examination may be filed without any Formalities other than such as are required in relation to an Affidavit.
18 Swearing of Answers, &c. in Scotland, &c.
18. Pleas, Answers, Disclaimers, Examinations, Affidavits, Declarations, Affirmations, and Protestations of Honour in Causes depending in the Court may be sworn and taken inScotland , Ireland , the Isle of Man , or the Channel Islands, or in any Colony, Island, Plantation, or Place under the Dominion of Her Majesty in Foreign Parts, before any Court or Judge, or before any Notary Public, or before any Person authorized to administer Oaths there, or in any Foreign Parts out of Her Majesty's Dominions before any of Her Majesty's Consuls or Vice Consuls there; and every such Instrument may be used and shall be admitted in Evidence, saving just Exceptions; and judicial and official Notice shall be taken of the Seal or Signature of any such Court, Judge, Notary Public, Person, Consul, or Vice Consul affixed, appended, or subscribed to any such Document.
19 False swearing, &c. Perjury.
19. Any Person wilfully and corruptly swearing, declaring, affirming, or protesting falsely in any Plea, Answer, Disclaimer, Examination, Affidavit, Declaration, Affirmation, or Protestation of Honour so taken out ofEngland shall be deemed guilty of Perjury in every Case where, having so sworn, declared, affirmed, or protested before competent Authority in England , he would be deemed guilty of Perjury, and may be dealt with, indicted, tried, and (if convicted) sentenced, and his Offence may be laid and charged to have been committed, in any County or Place in England in which he is in Custody as if the Offence had been actually there committed.
20 Oath of Messenger abolished.
20. Pleas, Answers, Disclaimers, and Examinations, whether taken by Commission out of the Jurisdiction of the Court or otherwise, may be filed without the Oath of a Messenger, and any Alteration made therein before the taking thereof shall be authenticated as in the Case of an Affidavit.
21 Alteration of Mode of taking Evidence.
21. By General Rules the Examination of Witnesses on written Interrogatories may be discontinued, and such Amendments as from Time to Time seem fit may be made in the Mode of taking Evidence and the Practice relative thereto; and...
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