CAP. 92]
Originally
10 of 1917. Fraser
10 of 1917.
9 of 1950.
Short title.
Interpretation.
Actions not to lie against
public servants in
certain cases.
9 of 1950, Schedule.
Proceedings in contravention of this Ordinance
to be void.
Public Servants (Liabilities).
CHAPTER 92.
PUBLIC SERVANTS (LIABILITIES).
To protect certain public servants from legal proceedings in
respect of certain liabilities.
[30th March, 1917.]
1. This Ordinance may be cited as the Public Servants (Liabilities) Ordinance.
2. In this Ordinance-
"action" includes legal proceedings and process of every description other than criminal and includes proceedings in bankruptcy;
"public servant" means any person holding any permanent appointment the emoluments of which are wholly or in part directly derived from the revenues of the Colony.
3. (1) No action shall be maintained against a public
servant-
(a) upon any promise express or implied to repay money paid or advanced to him or to another person at his request;
(b) upon any promise express or implied to be answerable for the debt or default of another person; or
(c) upon any bond, bill of exchange, promissory note or other like instrument made, drawn, accepted, indorsed or given by him.
(2) This section shall not apply to any public servant whose substantive pay, at the date when the liability sought to be enforced is contracted, exceeds five hundred dollars a month, exclusive of any allowances.
(3) Nothing in this section shall affect the right of the holder of any security to realize the same by sale or foreclosure.
4. All proceedings and documents in or incidental to an action in contravention of this Ordinance shall be absolutely null and void for all purposes, whether the Ordinance be raised as a defence or not.
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