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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.

Miscellaneous

Miscellaneous.

49. Limitation of actions.

No action shall be brought against any Collector, Inspector, or officer appointed under this Act for anything done in pursuance of this Act unless such action shall be commenced within three months after the cause of action has arisen, nor unless notice in writing of such action and the cause thereof is given to the defendant one month at least before the commencement of the action; and the defendant may plead the general issue and give this Act and the special matter in evidence, and the plaintiff shall not recover in such action if tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court after action brought.

If a verdict is given for the defendant, or the plaintiff is nonsuited or discontinues his action, or if judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and, though a verdict is given against the defendant, the plaintiff shall not have costs against the defendant unless the Judge who tries the case certifies his approbation of the action and of the verdict.

50.Repeals. The Acts and parts of Acts enumerated below are hereby repealed to the extent therein mentioned, without prejudice, however, to any Proclamation, Order in Council, rule or regulation, or any appointment, notice, license, lease, or other grant made thereunder respectively, and subsisting at the commencement of this Act:—
  • 1866, No. 57.—"The Oyster Fisheries Act, 1866."
  • 1869, No. 50.—"The Oyster Fisheries Act Amendment Act, 1869."
  • 1874, No. 71.—"The Oyster Fisheries Act Amendment Act, 1874."
  • 1884, No. 48.—"The Fisheries Conservation Act, 1884." In part: namely, in so far as relating to matters provided for by this Act.