496
No. 3 of 1890.
Notice of action.
c. 44, s. 9.
MAGISTRATES:
121. No such action shall be commenced against any magistrate until one month at least after a notice in writing of such intended action has been delivered to him or left for him at his usual place of abode by the party intending to commence such action or by his solicitor, in which said notice the cause of action shall be clearly and explicitly stated; and on the back thereof shall be indorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said solicitor, if such notice has been served by such solicitor.
Tender and payment of money into court.
c. 44, s. 11.
122.—(1) In every such case, after notice of action has been so given as aforesaid, and before the action is commenced, the magistrate to whom the notice is given may tender to the party complaining or to his solicitor such sum of money as he may think fit as amends for the injury complained of in the notice; and after the action has been commenced, and at any time before it is placed in the general hearing list, the defendant, if he has not made such tender or in addition to such tender, shall be at liberty to pay into court such sum of money as he may think fit.
(2) The said tender and payment of money into court or either of them may afterwards be given in evidence by the defendant at the trial; and if the judge or jury at the trial, as the case may be, is or are of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into court, then he or they shall give judgment or a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into court, or so much thereof as may be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of court to him, and the residue, if any, to the plaintiff.
(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
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496
No. 3 of 1890.
Notice of action.
c. 44, s. 9.
MAGISTRATES:
121. No such action shall be commenced against any 11 & 12 Vict. magistrate until one month at least after a notice in writing. of such intended action has been delivered to him or left for him at his usual place of abode by the party intending to commence such action or by his solicitor, in which said notice the cause of action shall be clearly and explicitly stated; and on the back thereof shall be indorsed the name; and place of abode of the party so intending to sue, and also: the name and place of abode or of business of the said solicitor, if such notice has been served by such solicitor.
Tender and payment of money into court.
c. 44, s. 11.
122.-(1) In every such case, after notice of action has: been so given as aforesaid, and before the action is com- menced, the magistrate to whom the notice is given may 11 & 12 Vict. tender to the party complaining or to his solicitor such sum of money as he may think fit as amends for the injury complained of in the notice; and after the action has been commenced, and at any time before it is placed in the general hearing list, the defendant, if he has not made such tender or in addition to such tender, shall be at liberty to pay into court such sum of money as he may think fit.
Nonsuit or verdict or
(2) The said tender and payment of money into court or either of them may afterwards be given in evidence by the defendant at the trial; and if the judge or jury at the trial; as the case may be, is or are of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into court, then he or they shall give judgment or a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into court, or so much thereof as may be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon" be paid out of court to him, and the residue, if any, to the plaintiff.
(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 there- upon 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 herein judgment for defendant in before limited in that behalf, or that such notice as aforesaid certain cases. was given one month before the action was commenced, or if
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