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Public Authorities Protection Act

Published: 1916

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Public Authorities Protection (CAP. 352 1



Arrangement of Sections

1. Short title.
2. Action, etc., against any person in respect ofact done

in execution of duty.
3. Effect on certain Acts.


1. This Act may be cited as the Public Authorities short title.
Protection Act.

2. Where any action, prosecution, or other proceeding ti4; :G3
is commenced against any person for any act done in pur- person in respect
suance or execution or intended execution of any Act or of of act done in

execution of any public duty or authority or of any alleged neglect or duty.
default in the execution of any such act, duty, or authority,
the following provisions shall have effect:

(a) The action, prosecution, or proceeding shall not
lie or be instituted unless it is commenced within six
months next after the act, neglect or default complained
of, or, in case of a continuance of injury or damage,
within six months next after the ceasing thereof.

( 6 ) Wherever in any such action a judgment is ob-
tained by the defendant, it shall carry costs to be taxed
as between solicitor and client.


2 CAP. 352) Public Authoritzes Protection

(c) Where the proceeding is an action for damages,
tender of amends before the action was commenced may,
in lieu of or in addition to any other plea, be pleaded.
If the action was commenced after the tender, or is pro-
ceeded with after payment into Court of any money in
satisfaction of the plaintiffs claim, and the plaintiff does
not recover more than the sum tendered or paid, he
shall not recover any costs incurred after the tender or
payment, and the defendant shall be entitled to costs,
to be taxed as between solicitor and client, as from the
time of the tender or payment: but this provision shall
not affect costs on any injunction in the action;

(d) If, in the opinion of the Court, the plaintiff has
not given the defendant a sufficient opportunity of
tendering amends before the commencement of the pro-
ceeding the Court may award to the defendant costs
to be taxed as between solicitor and client.
This section shall not affect any proceedings by the


Effect on certain

3. There shall be repealed so much of any Act as
enacts that in any proceeding to which this Act applies-

(a) The proceeding is to be commenced in any par-
ticular place; or

( b ) The proceeding is to be commenced within any
particular time; or

(c ) Notice of action is to be given; or

(d) The defendant is to be entitled to any particular
kind or amount of costs, or the plaintiff is to be deprived
of costs in any specified event; or

(e ) The defendant may plead the general issue.