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Fiji Legislation |
LAWS OF FIJI
Ed. 1978
CHAPTER 25
ORDERS IN COUNCIL
Ordinance No. 4 of 1893
AN ACT
FOR THE PROTECTION OF PERSONS ACTING IN
FIJI UNDER ORDERS
MADE BY HER MAJESTY THE QUEEN IN COUNCIL
[12th December, 1893.]
Short title
1. This Act may be cited
as the Orders in Council Act.
Limitation as to commencement of proceedings
2. No action, suit,
prosecution or proceeding shall lie or be instituted in any court within Fiji
against any person for any act done
within Fiji in pursuance or execution or
intended pursuance or execution of any orders heretofore made or hereafter to be
made by
Her Majesty the Queen in Council or in pursuance or execution or
intended pursuance or execution of any such power or jurisdiction
of Her Majesty
as is mentioned in any such Orders in Council or any of them or in respect of
any alleged neglect or default in the
execution of any such Orders in Council,
power or jurisdiction as aforesaid, unless it is commenced within three months
next after
the act, neglect or default complained of or, in the case of a
continuance of injury or damage, within three months next after the
ceasing
thereof, nor unless notice in writing is given by the intending plaintiff or
prosecutor to the intended defendant one month
at least before the commencement
of the action, suit, prosecution or proceeding, in which said notice the cause
of action, suit,
prosecution or proceeding shall be clearly and explicitly
stated, and upon the back thereof shall be indorsed the name and place
of abode
of the intending plaintiff, and also the name and place of abode or of business
of the barrister and solicitor if such notice
shall have been served by a
barrister and solicitor.
Tender of sufficient amends
3. In any such action,
suit or proceeding the plaintiff shall not succeed if tender of sufficient
amends is made by the defendant
before the commencement thereof.
Costs
4. If the action, suit or
proceeding was commenced after such tender or is proceeded with after payment
into court of any money in
satisfaction of the plaintiff's claim, and the
plaintiff does not recover more than the sum tendered or paid in, he shall not
recover
any costs incurred after such tender or payment and the defendant shall
be entitled to costs to be taxed as between barrister and
solicitor and client
as from the time of such tender or payment.
Controlled by Ministry of the Attorney-General
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