Protection of persons acting under this Act against suits

§571

Summary

571. (1) No suit shall be instituted against the 1[Corporation] or against the 2[Municipal Commissioner], or against any 1[Corporation] officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act (a) until the expiration of two months next after notice in writing has been, in the case of the1[Corporation], left at the 1[Corporation] office and, in the case of the 2[Municipal Commissioner] or of a 1[Corporation] officer or servant delivered to him or left at his office, stating with reasonable particularity the cause of action, the nature of the relief sought, the amount of compensation claimed, if any, and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor (b) unless it is commenced within six months next after the accrual of the cause of action : Provided that nothing in this sub-section shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding. (2) At the trail of any such suit -- (a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid ; (b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs. (3) When the defendant in any such suit is a 1[Corporation] officer or servant, payment of sum or of any part of any sum payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the previous sanction of the Executive Committee from the 1[Corporation] Fund.

571. (1) No suit shall be instituted against the 1[Corporation] or against the 2[Municipal Commissioner], or against any 1[Corporation] officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act (a) until the expiration of two months next after notice in writing has been, in the case of the1[Corporation], left at the 1[Corporation] office and, in the case of the 2[Municipal Commissioner] or of a 1[Corporation] officer or servant delivered to him or left at his office, stating with reasonable particularity the cause of action, the nature of the relief sought, the amount of compensation claimed, if any, and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor (b) unless it is commenced within six months next after the accrual of the cause of action : Provided that nothing in this sub-section shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding. (2) At the trail of any such suit -- (a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid ; (b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs. (3) When the defendant in any such suit is a 1[Corporation] officer or servant, payment of sum or of any part of any sum payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the previous sanction of the Executive Committee from the 1[Corporation] Fund.

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