Howes J:

This is an action for damages for false imprisonment. In these States the subject seems to be given greater powers to sue Government than in other places. In England, for instance, this will be a tort, and the suit would be against the Government only by petition of right. Here, the Enactment No. 20 of 1928 specifically entitles the subject to sue Government if the claim is one which can be enforced as between subject and subject, and therefore includes the right to sue Government in tort. That is by Section 10.

There is however, this important limitation; by Sub-section (ii) (a) of Section 11 -

No suit shall lie against the Government in respect of any act, neglect or default committed by any public officer, unless proceedings for damages in respect of that act, neglect or default would have lain against that officer personally.

The result is, that the subject can only sue the Government if it is shown that the public officer concerned would have been liable in his personal capacity; and unless he is so liable, it is clear that no action can be brought against the Government.

Now, in a case of this nature, for false imprisonment, the only people who would be