538
Nonsuit or verdict or certain cases.
No. 3 of 1890.
MAGISTRATES.
(3) If, where money is so paid into Court in any such action, the plaintiff elects to accept the same in satisfaction of his damages in the action, he may obtain from a Judge an order that such money shall be paid out of Court to him, with or without costs, in the discretion of the Judge; and thereupon the action shall be determined, and such order shall be a bar to any other action for the same cause.
123. If, at the trial of any such action, the plaintiff does not prove that the action was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one month before the action was commenced, or if he does not prove the cause of action stated in such notice, then and in every such case the plaintiff shall be nonsuit or there shall be a verdict and judgment for the defendant. [11 & 12 Vict. c. 44 s. 12.]
Amount of damages in certain cases. [ib. s. 13.]
Rules.
Regulations as to costs and fees.
124. In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of 5 cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
PART VIII.
MISCELLANEOUS PROVISIONS.
125. The rules in the 2nd schedule shall be observed in carrying into effect this Ordinance.
126.-(1) It shall be lawful for the Governor-in-Council to make regulations as to the fees to be taken, if any, at the Magistrates' Court in respect of any proceedings or of the issuing, service, or execution of any process or otherwise, and as to the costs, if any,
* As amended by No. 50 of 1911.
* As amended by No. 1 of 1912 and No. 2 of 1912.
538
Nonsuit or verdict or
certain cases.
No. 3 of 1890.
MAGISTRATES.
(3) If, where money is so paid into Court in any such action, the plaintiff elects to accept the same in satisfaction of his damages in the action, he may obtain from a Judge an order that such money shall be paid out of Court to him, with or without costs, in the discretion of the Judge; and thereupon the action shall be determined, and such order shall be a bar to any other action for the same cause.
"
123. If, at the trial of any such action, the plaintiff does not prove judgment for that the action was brought within the time hereinbefore limited defendant in in that behalf, or that such notice as aforesaid was given one [11 & 12 Vict. month before the action was commenced, or if he does not prove c. 44 s. 12.]
the cause of action stated in such notice, then and in every such case the plaintiff shall be nonsuit or there shall be a verdict and judgment for the defendant.
Amount of damages in
certain cases. [ib. s. 13.]
Rules.
Regulations as to costs und fees.
+
124. In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of 5 cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
PART VIII.
MISCELLANEOUS PROVISIONS.
125. The rules in the 2nd schedule shall be observed in carrying into effect this Ordinance.
126.-(1) It shall be lawful for the Governor-in-Council to make regulations as to the fees to be taken, if any, at the Magistrates' Court in respect of any proceedings or of the issuing, service, or execution of any process or otherwise, and as to the costs, if any,
* As amended by No. 50 of 1911.
As amended by No. 1 of 1912 and No. 2 of 1912.
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