459
44. Where power is given to the Governor to issue a Extent of proclamation or notification, it shall include the power of power to amending, revoking, or suspending the said proclamation issue pro- or notification, and of declaring the date of its coming into forec, and also of substituting another therefor.
Provided always that where any Ordinance is to come into force on a day to be fixed by proclamation, the power to issue such proclamation shall not include the power of amending, revoking or suspending the same.
clamations,
45. Where power is given to the Governor to make any Signification order or give any direction, it shall be sufficient, unless of orders of it is otherwise expressed, for such order or direction to be the Governor, signified under the hand of the Colonial Secretary or of the Assistant Colonial Secretary,
This section shall not apply to the issue of any warrant by the Governor snch warrant shall be under his band and seal.
46. Sections 43 and 14 shall apply to proclamations and notifications issued by the Governor-in-Conncil: and section 45 shall apply to orders and directions of the Gov- ernor-in-Council, except that the signification thereof shall be under the hand of the Clerk of the Councils.
PART VII.
Of Public Officers.
47.—(1.) Unless it is otherwise expressly provided in interfering any Ordinance; if any person shall, by force or violence, with public resist, oppose, molest, hinder, or obstruct any public officer officers, in the performance of his duty, or any person lawfully engaged, authorised or employed in the performance of any public duty, or any person lawfully acting in aid or assistance of any such public officer or person, lie shall be liable to a fine hot exceeding 100 dollars, and to impri- somment not exceeding 3 months.
(2.) The following enactments are repealed :-
Ordinance No. 2 of 1885, section 6 (3).
No. 1 of 1903, section 25,
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No. 15 of 1903, so much of section 5 as relates to obstructing and bind- ering officers.
No. 23 of 1909, section $6.
48.-11.) Unless it is otherwise expressly provided in Protection of any Ordinance; all actions and prosecutions to be com- public offi- cers acting menced against any public officer for anything done or under omitted to be done in pursuance of any enactment shall be authority of commenced within six months after the act or omission, enactment, and not otherwise.
(2.) Notice in writing of such action and of the „cause thereof shall be given to the defendant one mouth at least before the commencement of the action.
(3.) In any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.
(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf of the defendant.
(5.) If a verdict passes for the defendant, or the plain- tiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plain- tiff in any such action, the plaintiff shail not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the action.
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