the-ordinances-of-the-legislative-counci-1890v2 — Page 634

1224 [ 10 of 1890. ] MAGISTRATES .



the cause of suit shall be clearly and explicitly stated ; and
upon the back thereof shall be endorsed 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
have been served by such solicitor.
Tender and
payment of
123. In every such case after notice of suit shall be so given
money into as aforesaid, and before such suit shall be commenced , such
Court. Magistrate to whom such notice shall be given may tender to
( 11 & 12 V.
c . 41 , s. 11. ) the party complaining, or to his solicitor such sum of money as
he inay think fit as amends for the injury complained of in such
notice ; and after such suit shall have been commenced, and at
any time before the suit is placed in the general hearing list ,
such defendant, if he have 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, and which said tender and payınent
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 ) shall be 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 non -suit, and the sum of money, if any, so
paid into Court, « r so much thereof as shall be sufficient to pay
or satisfy the defendant's costs in that behalt, shall thereupon
be paid out of Court to him , and the residue ( if any ) to the
plaintiff'; or if, where money is so paid into Court in any such
suit, the plaintiff shall elect to accept the same in satisfaction
of bis damages in the sail suit, he may obtain froin any Judge
of the Court in which such suit shall be brought 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 said suit
shall be determined , and such order shall be a bar to any other
suit for the silme cause .
Non -suit or
judgment or
124. If at the trial of any such snit the plaintiff shall not
verdict for prove that such suit was brought within the time hiereinbefore
defendant in limited in that behalf, or that such notice as aforesaid was given
certain cases.
( 11 & 12 V. one calendar month before such suit was comenced, or if he
c. 44 , s. 12. ] shall not prove the cause of suit stated in such notice, then an !!
in every such case, such plaintiff shall be non-suit, or there
shall be aa verdict and judgment for the defendant.
Damages.
( 11 & 12 V.
125. In all cases where the plaintiff in any such suit shall
č. 44 , s. 13.) be entitled to recover, and he shall prove the levying or payment
ofany fine or sum of money under any conviction or order as
part of the damages he seeks to recover, or if he prove that he
was imprisoned under such conviction or order, and shall seek
to recover damages for any such imprisonment, he shall not be