INTERPRETATION.
No. 31 of 1911.
1971
This section shall not apply to the issue of any warrant by the Governor: such warrant shall be under his hand and seal.
previous
46. Sections 43 and 44 shall apply to proclamations and notifications issued by the Governor in Council; and section 45 shall apply to orders and directions of the Governor in Council, except that the signification thereof shall be under the hand of the Clerk of Councils.
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PART VII.
Of public officers.
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47. Unless it is otherwise expressly provided in any Ordinance, every person who, by force or violence, resists, opposes, molests, hinders or obstructs any public officer 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, shall be liable to a fine not exceeding one hundred dollars, and to imprisonment not exceeding three months.
48. (1) Unless it is otherwise expressly provided in any enactment, all actions and prosecutions to be commenced against any public officer for anything done or omitted to be done in pursuance of any enactment shall be commenced within six months after the act or omission, and not otherwise. [cf. No. 1 of 1903, s. 7]
(2) In any such action the defendant may plead the general issue, and give this Ordinance and any special matter in evidence at any trial to be had thereupon.
(3) 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.
(4) If a verdict passes for the defendant, or the plaintiff is nonsuited 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;
As amended by Law Rev. Ord., 1921.
enactment.
INTERPRETATION.
No. 31 of 1911.
1971
This section shall not apply to the issue of any warrant by the Governor: such warrant shall be under his hand and seal.
previous
46. Sections 43 and 44 shall apply to proclamations and Application notifications issued by the Governor in Council; and section of certain 45 shall apply to orders and directions of the Governor in sections. Council, except that the signification thereof shall be under the hand of the Clerk of Councils.
*
PART VII.
Of public officers.
officers.
*
47. Unless it is otherwise expressly provided in any interfering Ordinance, every person who, by force or violence, resists, with public opposes, molests, hinders or obstructs any public officer 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, shall be liable to a fine not exceeding one hundred dollars, and to imprisonment not not exceeding three months.
officers acting
48. (1) Unless it is otherwise expressly provided in any Protection enactment, all actions and prosecutions to be commenced of public against any public officer for anything done or omitted to under be done in pursuance of any enactment shall be commenced authority of within six months after the act or omission, and not otherwise. [ef. No. 1 of
1903. s. 270.7
(2) In any such action the defendant may plead the general issue, and give this Ordinance and any special matter in evidence at any trial to be had thereupon.
(3) 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.
(4) If a verdict passes for the defendant, or the plaintiff is nonsuited 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;
As amended by Law Rov. Ord., 1921.
enactment.
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