Fifth Report of the Vestry of the Parish of Chelsea in the County of Middlesex, Appointed Under the Metropolis Local Management Act, 1855: 1860-1Lahee, Charles
History
Fifth Report of the Vestry of the Parish of Chelsea in the County of Middlesex, Appointed Under the Metropolis Local Management Act, 1855: 1860-1
Lahee, Charles
Chelsea (London, England) -- History -- 19th century; Chelsea (London, England) -- Politics and government
such bank to their account as
they may direct, and shall be
applicable to the general
expenses of the board or vestry.
LXIII. No writ or process shall _To be given to contractors as
be sued out against or served well as to vestries_, _&c._ C.
upon, and no proceeding shall be of Wks. M.B. Vol. 2. Fo. 51.
instituted against the
Metropolitan Board of Works or
any vestry or district board, or
their clerk, or any clerks,
surveyor, or other officer or
person whomsoever, acting under
their or any of their directions,
for anything done or intended to
be done under the powers of such
board or vestry under the said
Acts, or this Act, until the
expiration of one month next
after notice in writing shall
have been delivered, as herein
provided concerning the service
of notices upon such board or
vestry, or, where the action or
proceeding shall be against such
other officer or person, shall
have been delivered to him or
left at his office or place of
abode, explicitly stating the
cause of action, or ground of the
proceeding or demand, and the
name and place of abode of the
intended plaintiff or claimant,
and of his attorney or agent in
the cause or proceeding; and upon
the trial of any action the
plaintiff shall not be permitted
to go into evidence of any cause
of action except such as is
stated in the notice so
delivered, and unless such notice
be proved the jury shall find for
the defendant: and every such
action and proceeding shall be
brought or commenced within six
months next after the accrual of
the cause of action or ground of
claim or demand, and not
afterwards, and every such action
shall be laid and tried in the
county or place where the cause
of action occurred, and not
elsewhere. And the defendant
shall in any such action be at
liberty to plead the general
issue, and give the said recited
Acts, and this Act, and all
special matter in evidence
thereunder. And it shall be
lawful for the board or vestry or
any person to whom such notice is
given as aforesaid to tender
amends to the plaintiff, his
attorney or agent, at any time
within one month after service of
such notice, and in case the same
be not accepted to plead such
tender in bar, and (by leave of
the court) with the general issue
or other plea or pleas; and if
upon issue joined upon any plea
pleaded to the whole action the
jury find generally for the
defendant, or if the plaintiff be
nonsuited or discontinued, or if
the judgment be given for the
defendant, then the defendant
shall be entitled to full costs
of suit and have judgment
accordingly. And in case amends
have not been tendered as
aforesaid, or in case the amends
tendered be insufficient, it
shall be lawful for the
defendant, by leave of the court,
at any time before trial, to pay
into court under plea such sum of
money as he may think proper, and
(by the like leave) to plead the
general issue or other plea or
pleas, any rule of court or
practice to the contrary
notwithstanding.
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