Section 20Part 5 — Miscellaneous and Supplementary
Exclusion of proceedings in rem against the Crown
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Nothing in this Act authorises proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any vessel, cargo or other property belonging to the Crown, or gives to any person any lien on any such vessel, cargo or other property.
Where proceedings in rem have been instituted in the Court against any such vessel, 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 Crown to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the vessel, cargo or other property did not belong to the Crown, order that proceedings shall be treated as if they were in personam duly instituted against the Crown 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.
Any such order may be made upon such terms as the Courts thinks just; and where the Court makes any such order it may make such consequential orders as the Court thinks expedient.