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Bengal Presidency - Section

Section 99 in The Calcutta Police Act, 1866

99. Limitation of action

Clause I.-- All actions and prosecutions against any person which may be lawfully brought for anything done, or intended to be done, under the provisions of this Act, shall be commenced within three months after the act complained of shall have been committed, and not otherwise;Notice of actionsAnd notice in writing of such action, and of the causes thereof shall be given to the defendant one month at least before the commencement of the action;and in every such action it shall be expressly alleged in the plaint that the act complained of was done maliciously and without reasonable or probable cause;and if at the trial of any such action, upon the general issue being pleaded as hereinafter provided, the plaintiff shall fail to prove such allegation, he shall be non-suited, and a verdict shall be given for the defendant.PleaClause 2.--The defendant in any such action may plead the general issue and give this act and the special matter in evidence at any trial to be had thereupon;Tender of amendsAnd no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant;CostsAnd if a verdict shall pass for the defendant or the plaintiff shall become non-suit, or discontinue any such action after issue joined, or if upon demurrer or otherwise, judgment shall, be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath be law in other cases;and though a verdict shall be given for the plaintiff in any such action, shall 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 thereupon.