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Act.Such provisions
10-31-11



apparently permitted a plea of the general issue and evidence to be given thereunder of tfie Act and special matter and that the same was done under the Act.The section in question has in its limitation clause the words within six months next after the right to bring such action accrued instead of the words after the matter or thing done or omitted Ralph Lauren Outlet Online to be done.And the defendant is permitted to plead that the same was done under this Act and give this Act and the special matter in evidence at any trial thereof.This examination seems to explain the presence of the words or contrary to its provisions which having regard to the meaning put by the decisions upon the words done under this Act seem to me not only unnecessary but as obscuring the meaning of the section.It is manifest Nike Max Air 90 that if the officer had done the act complained of under the Act that is under and in accordance Judgment with its provisions no protection would be necessary for ROSJJ. upon proving such to have been the fact he must have judgment in his favour.I may extract a passage from the judgment of Palles C.B in the Exchequer Division in OBeav. Hickman L. R. Ir. at p for reference to which I am indebted to my learned Polo Outlet Online brother Osler and which most clearly states the law. He says: It is of course elementary that the words in pursuance Nike Free Run of the Act occurring in a section such as that before us do not mean in strict pursuance as if they did the act complained of would be lawful and -could not be the foundation of an action. The protection of notice would on that construction only exist where it was not required. It was therefore held early after enactments of this description became usual that in pursuance of in such a context meant in intended pursuance of the statute. It then became a matter of much controversy what acts were or might be in intended pursuance of the statute; and it The North Face Outlet Store has in modern times at least been settled that the defendant must honestly and really Nike Free although mistakenly believe that the act which constitutes the cause of action was in pursuance of the statute and such belief should not be a mere vague general belief involving matter of law only or mixed matter Nike Argentina of law and fact but should be a bond fidebelief in such a state of facts as had it existed would have justified the act the subject of the action.The judgment was affirmed on appeal: ib.vol p See also North Face Outlet Store observations of Blackburn J in Selmesv. JudgeL.R. Q.B at p quoted by OSLERJ.A in Corporation of Nike Max Air Brucev. McLay A.R at p The words there were under the authority of an Act etc. See also Venningv. Steadman Polo Ralph Lauren Outlet S.C.R at pp. - perGWYNNE J.Mr. Justice GWYNNErefers to ch. of Ralph Lauren Outlet the Consolidated Statutes of New Brunswick which may be read in the consideration of the section now under discussion. See VOL. XIX. O.R.Judgment aiS; Hollatidv. Northwick Highway Board L.T.N.S Kose J. at p as to the meaning of pursuant to statute.In the light of these cases we may read anything done under this Act as anything intended to be done under this Act and it will follow that if the defendant was acting bond fideintending to perform his duty under the Actthen under sec. he was at libert to plead the general issue and shew that he in good faith intended to do his duty and this appearing he would be entitled to judgment.It is apparent that an anomaly exists for by the first clause a limited protection is afforded i. esix months limitation and by the remaining clause absolute protection. The first clause possibly is unnecessary in view of the remaining clauses.If one construed done under this Act as intended to be done under this Act in the limitation clause and literally in the remaining clauses then North Face Outlet the remaining clauses would be unnecessary save as to the provision for treble The North Face Outlet costs for if the defendant had acted under the Act he could successfully defend without any special protection.According Nike Shop to