β¨ Public Works Ordinance
123
incur by reason of being so made Plaintiff
or Defendant.
-
Indictments, informations, and prose-
cutions by or on behalf of any Board of
Commissioners for any stealing or embezz-
lement of any money, or for any stealing,
embezzlement or wilful or malicious injury
of any other property or thing at the dispo-
sal or under the management of such Board
may be preferred and carried on in the name
of the chairman or clerk of such Board ;
and in all such indictments, informations,
and prosecutions it shall be lawful and suf-
ficient to state, that such money, property,
or thing belonged to the officer in whose
name the indictment, information, or prose-
cution is preferred or carried on, and any
offender or offenders may thereupon be law-
fully convicted for such crime or offence,
and the death, resignation, or removal of any
such officer shall not abate or prejudice any
such proceeding, but the same may be con-
tinued and prosecuted in the name of his
Successor. -
All Process and Notices in any ac-
tion, suit, or proceeding, instituted by or
against any Board of Commissioners repre-
sented by such officer as aforesaid, and all
other notices affecting the Board, shall be
served upon the clerk of the Board, or in
case there be no clerk, then upon any one
Commissioner. -
Every order, notice, summons, or
other such document requiring authentica-
tion by any Board of Commissioners, shall
(unless it be expressly provided to the con-
trary) be sufficiently authenticated if sign-
ed by the chairman, or by the clerk of the
Commissioners, and the same may be in
writing or in print, or partly in writing, and
partly in print. -
No conviction, order, warrant, or
other proceeding which shall be made, or
shall purport to be made, by virtue or in
execution of this Ordinance, shall be quashed
or deemed to be void or voidable for want
of form, or be impeached or affected by rea-
son of any mistake, defect, or omission
therein. Provided the person or property
charged or intended to be charged or affected
by any such proceeding, be designated there-
in to common intent and understanding,
and such proceedings be in substance and
effect in conformity with or according to the
intent and meaning of the Ordinance. -
Nothing in this Ordinance shall be
deemed to extend to or affect any Law re-
lative to the Revenue of the Crown, or any
claim of Her Majesty in right of her Crown
or otherwise howsoever, or any proceedings
at law or in equity by or on behalf of Her
Majesty. -
For the protection of persons acting
in the execution of this Ordinance, all ac-
tions and proceedings to be commenced a-
gainst any person for anything done or
omitted by him in or about or in anywise
relating to the execution of the powers of
this Ordinance, shall be commenced within
two months after the act, default, or thing
in respect whereof such actions and pro-
ceedings may be brought or taken was
done, committed or took place; and notice
in writing of every such action, or proceed-
ing, and of the cause thereof, shall be given
to the Defendant one month at least before
the commencement of such action: and in
any such action the Defendant may plead
the general issue, and give this Ordinance
and the special matter in evidence at any
trial thereupon, and a verdict shall be en-
tered for the Defendant in any such action if
tender of sufficient amends shall have been
made before such action brought, or if a
sufficient sum of money shall have been
paid into Court after such action brought
by or on behalf of the Defendant, together
with the costs incurred up to that time; and
if a verdict shall pass for the Defendant, or
the Plaintiff become nonsuited, or discon-
tinue any such action on issue joined, or
if upon demurrer or otherwise, judgment
shall be given against the Plaintiff, the
Defendant shall be entitled to his full costs
as between Attorney and Client, and shall
have the like remedy for recovering the
same as any Defendant may have by law
in other cases.
Passed the Provincial Council the fourth
day of January, one thousand eight hun-
dred and fifty five.
I. NEWTON WATT,
Speaker.
Assented to on behalf of the Governor the
first day of February one thousand eight
hundred and fifty five.
CHARLES BROWN,
Superintendent.
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β¨ LLM interpretation of page content
ποΈ
An Ordinance to provide for the maintenance of public works within the Province of New Plymouth
(continued from previous page)
ποΈ Infrastructure & Public Works1 February 1855
Public Works, Ordinance, New Plymouth, Commissioners, Superintendent, Legal Proceedings, Liability
- I. Newton Watt, Speaker
- Charles Brown, Superintendent
Taranaki Provincial Gazette 1855, No 2