Western Australian Current Acts Western Australian Current Acts And be it enacted that
no action, suit, or proceedings shall be commenced or prosecuted against any
person or persons for anything done in pursuance of this Act until 30
days’ notice thereof shall be given to such person or persons, nor after
sufficient satisfaction or tender of amends hath been made to the part or
parties aggrieved, nor after the expiration of 6 calendar months next after
the fact committed; and the defendant or defendants in every such action,
suit, or prosecution, shall and may, at his or their election, plead
specially, or the general issue, and give this Act and the special matter in
evidence at any trial to be had thereupon, and that the same was done in
pursuance and by the authority of this Act; and if it shall appear that the
matter on which the cause of action arose was done in pursuance and by
authority of this Act, or that such action or suit shall have been brought
before 30 days’ notice thereof was given as aforesaid, or after a
sufficient satisfaction made or tendered as aforesaid, or after the time
limited for bringing the same as aforesaid, then the Court or Jury shall find
for the defendant or defendants; and upon such verdict or finding, or if the
plaintiff or plaintiffs shall be nonsuited, or shall discontinue his, her, or
their action, suit, or prosecution, after the defendant or defendants shall
have appeared, or if upon demurrer judgment shall be given against the
plaintiff or plaintiffs, defendant or defendants shall recover double costs,
and have such remedy for the same as any defendant or defendants hath or have
in other cases of costs given by law, and though a verdict shall be given for
the plaintiff in any such action, such plaintiff shall not have costs against
the defendant unless the Judge before whom the trial shall be shall certify
his approbation of the action and of the verdict obtained thereon.
[Section 13 amended: No. 35 of 1935 s. 48A(2) 3 .]