Section 37
Exclusion of proceedings in rem against the Government
of Government Proceedings Act 1956
(1)
Nothing in this Act shall authorize proceedings in rem in respect of any claim against the Government, or the arrest, detention or sale of any ships or aircraft, or of any cargo or other property belonging to the Government, or give to any person any lien on such ship, aircraft, cargo or other property.
(2)
Where proceedings in rem have been instituted in the High
Court or in a subordinate Court against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Government to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Government, order that the proceedings shall be treated as if they were in personam duly instituted against the
Government in accordance with this Act, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly.
(3)
An order under subsection (2) may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient.
Limitation of actions 38.
Any written law relating to the limitation of time for bringing proceedings against public authorities may be relied upon by the
Government as a defence in any civil proceedings against the
Government.
Application to the Government of certain statutory provisions 39.
This Act shall not prejudice the right of the Government to take advantage of any written law although not named therein; and in any civil proceedings against the Government any written law which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Government.