Public Authorities, Protection Of - Definition - Law Dictionary Home Dictionary Definition public-authorities-protection-of

Definition :

Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for the action, but does not apply to an action in rem (The Burns, 1907, P. 137); or if the cause of action alleged is fraud, Pearson v. Dublin Corporation, 1907 AC 351, or if there is a continuance of the injury or damage, Hague v. Doncaster Rural Council, (1909) 100 LT 121; Brownlie v. Barrhead Magistrates, 1923, SC 915; and (2) costs as between solicitor an client if judgment given for defendant; and also (3) deprives a plaintiff of costs if he fail to recover more than the sum tendered or paid into Court by the defendant; besides (4) empowering the Court to award costs as between solicitor and client to the defendant if the plaintiff has not given the defendant a sufficient opportunity of tendering amends. These provisions only apply to an action, prosecution or other proceeding against any person for any act done in pursuance or execution or intended execution of any Act of Parliament or any public duty or authority or in respect of any alleged neglect or default in the execution of any such act, duty or authority. See Bradford Corporation v. Myers, (1916) 1 AC 242, and also Betts v. Receiver, Metroplitan District and Betts v. Carter Paterson & Co., (1932) 2 KB 595, for the meaning of 'intended execution of a public duty.' The Act repeals all prior enactments by which in any proceeding to which it applies the proceeding is to be commenced in any particular place, or within any particular time, or notice of action is to be given, or the defendant is to be entitled to or the plaintiff deprived of costs, or the defendant may plead the general issue. As to taxation in the county Court of solicitor and client costs under this Act, see Tory v. Dorchester Corporation, (1907) 1 KB 393. For discussion on the Act, see Pearson v. Dublin Corporation, 1907 AC 351; Bradford Corp. v. Myers, 1916 AC 242; and as to 'public authority' The Johannesburg, 1907, P. 65; The Wilhelmina, 1923, P. 112. See also CROWN JUSTICES; NUISANCE.