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FOREIGN JURISDICTION ACT 1890 - SECT 13

Provisions for protection of persons acting under Foreign Jurisdiction Acts.

13.(1) An action, suit, prosecution or proceeding against any person for any
act done in pursuance or execution or intended execution of this Act, or of
any enactment repealed by this Act, or of any Order in Council made under
this Act, or of any such jurisdiction of Her Majesty as is mentioned in
this Act, or in respect of any alleged neglect or default in the execution of
this Act, or of any such enactment, Order in Council, or jurisdiction as
aforesaid, shall not lie or be instituted

(a)in any court within Her Majesty's dominions, unless it is commenced within
six months next after the act, neglect, or default complained of, or in case
of a continuance of injury or damage within six months next after the ceasing
thereof, or where the cause of action arose out of Her Majesty's dominions
within six months after the parties to the action, suit, prosecution, or
proceeding have been within the jurisdiction of the court in which the same is
instituted; nor

(b)in any of Her Majesty's courts without Her Majesty's dominions, unless the
cause of action arose within the jurisdiction of that court, and the action is
commenced within six months next after the act, neglect, or default complained
of, or, in case of a continuance of injury or damage, within six months next
after the ceasing thereof.

(2) In any such action, suit, or proceeding, tender of amends before the same
was commenced may be pleaded in lieu of or in addition to any other plea. If
the action, suit, or proceeding was commenced after such tender, or is
proceeded with after payment into court of any money in satisfaction of the
plaintiff's claim, and the plaintiff does not recover more than the sum
tendered or paid, he shall not recover any costs incurred after such tender or
payment, and the defendant shall be entitled to costs, to be taxed as between
solicitor and client, as from the time of such tender or payment; but this
provision shall not affect costs on any injunction in the action, suit, or
proceeding.

S.14 rep. by SL(R) 1973. S.15 rep. by 1947 c.3 s.5(3) sch.2; SL(R) 1973

© 1890 Crown Copyright

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