Crown Suits (Scotland) Act 1857
(20 & 21 Vict.) C A P. XLIV.
[17th August 1857]
'WHEREAS Doubts are entertained as to the proper Instance to be employed in the Institution of Actions, Suits, and Proceedings in the Courts of Justice inScotland on the Behalf of Her Majesty and of Public Departments:' 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:
I Crown Suits, &c. may be in Name of Lord Advocate;
I. Every Action, Suit, or Proceeding to be instituted inScotland on the Behalf of or against Her Majesty, Her Heirs and Successors, or in the Interest of the Crown, or on the Behalf of or against any Public Department, may be lawfully raised in the Name and at the Instance of or directed against Her Majesty's Advocate for the Time being as acting under this Act.
II with Sanction of Department having Interest.
II. Provided always, That before instituting or defending any such Action, Suit, or Proceeding Her Majesty's Advocate shall have the Authority of Her Majesty or of the Public Department respectively on whose Behalf or against whom such Action, Suit, or Proceeding shall be instituted, to the Institution or Defence thereof.
III Persons prosecuted not entitled to object to the Instance.
III. Provided also, That it shall not be competent to any private Party in any Action, Suit, or Proceeding instituted as aforesaid to challenge or impugn the Instance of or the Title to defend such Action, Suit, or Proceeding, or the Right or Title of Her Majesty's Advocate to raise and prosecute or to defend the same, upon any Allegation that such Authority (as aforesaid) has not been granted, or that Evidence of such Authority is not produced.
IV Meaning of ‘Public Department.’
IV. The Expression ‘Public Department’ shall include the Commissioners of Her Majesty's Treasury, the War Department, the Post Office, the...
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