MUNICIPAL BOARDS ACT Sanitary Boards changed to Municipal Boards · s 39

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39.
Protection of persons acting under this Act
(1) No action shall be brought against any person for anything done or bona fide intended to be done in the exercise or supposed exercise of the powers given by this Act or by any by-law made thereunder —
(a) without giving to such person one month’s previous notice in writing of the intended action and of the cause thereof;
(b) after the expiration of 3 months from the date of the accrual of the cause of action;
(c) after tender of sufficient amends.
(2) In every action so brought it shall be expressly alleged that the defendant acted either maliciously or negligently and without reasonable or proper cause, and if at the trial the plaintiff fails to prove such allegation, judgment shall be given to the defendant.
(3) Though judgment is given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge or
Magistrate before whom the action is tried shall certify his approbation of the action.

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s 39Protection of persons acting under this Act

(1)

No action shall be brought against any person for anything done or bona fide intended to be done in the exercise or supposed exercise of the powers given by this Act or by any by-law made thereunder —

(a)

without giving to such person one month’s previous notice in writing of the intended action and of the cause thereof;

(b)

after the expiration of 3 months from the date of the accrual of the cause of action;

(c)

after tender of sufficient amends.

(2)

In every action so brought it shall be expressly alleged that the defendant acted either maliciously or negligently and without reasonable or proper cause, and if at the trial the plaintiff fails to prove such allegation, judgment shall be given to the defendant.

(3)

Though judgment is given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge or

Magistrate before whom the action is tried shall certify his approbation of the action.