CO129-203 - Acting Governor Marsh - 1882 [10] — Page 484

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Notice in writing of every such action or plaint and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the action or plaiut.

In any such action or plaint the defondant may plead generally or set up by way of special defence that the act complaint of was done in pursuance or execution, or intended execution of this Ordinance, or of any such regulation or bye-law as aforesaid, and give this Ordinance and such regulation or bye-law and the special matter in evidenco at any trial to be had thereupon,

The plaintiff shall not recover if tender of sufficient amends is made before action brought, or if after action brought a sufficient sum of money is paid into Court by or on behalf of the defendant.

If a vordiet passes or decree is given for the defendant, or the plaintiff becomes nonsuit or discontinues the action after issue joined, or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs and shall have the like remedy for the same as any defondant has by law for costs in other cases.

Though a verdict or decree is given for the plaintiff, be shall not have cost against defendant unless the Judge before whom the trial is had certifies his approbation of the action or plaint.