Public Authorities Protection Act 1893



Public Authorities Protection Act, 1893

(56 & 57 Vict.) CHAPTER 61.

An Act to generalize and amend certain statutory provisions for the protection of persons acting in the execution of statutory and other public duties.

[5th December 1893]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Protection of persons acting in execution of statutory or other public duty.

1 Protection of persons acting in execution of statutory or other public duty.

1. Where after the commencement of this Act any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority, the following provisions shall have effect:

a. ) The action, prosecution, or proceeding shall not lie or be instituted 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
b. ) Wherever in any such action a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client
c. ) Where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the 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 the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment; but this provision shall not affect costs on any injunction in the action:
d. ) If, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the court may award to the defendant costs to be taxed is between solicitor and client.

This section shall not affect any proceedings by any department of the Government against any local authority or officer of a local authority.

S-2 Repeal.

2 Repeal.

2. There shall be repealed as to the United Kingdom so much of any public general Act as enacts that in any proceeding to which this Act applies—

a ) the proceeding is to be commenced in any particular place; or
b ) the proceeding is to be commenced within any particular time; or
c ) notice of action is to be given; or
d ) the defendant is to be entitled to any particular kind or amount of costs, or the plaintiff is to be deprived of costs in any specified event; or
e ) the defendant may plead the general issue;

and in particular there shall be so repealed the enactments specified in the schedule to this Act to the extent in that schedule mentioned.

This repeal shall not affect any proceeding pending at the commencement of this Act.

S-3 Saving as to Scotland.

3 Saving as to Scotland.

3. This Act shall not apply to any action, prosecution, or other proceeding for any act done in pursuance or execution, or intended execution, of any Act of Parliament, or in respect of any alleged neglect or default in the execution of any Act of Parliament, or on account of any act done in any case instituted under an Act of Parliament, when that Act of Parliament applies to Scotland only, and contains a limitation of the time and other conditions for the action, prosecution, or proceeding.

S-4 Commencement.

4 Commencement.

4. This Act shall come into operation on the first day of January one thousand eight hundred and ninety-four.

S-5 Short title.

5 Short title.

5. This Act may be cited as thePublic Authorities Protection Act, 1893.

S C H E D U L E.

Enactments Repealed.

Session and Chapter. Title.

43 Eliz. c. 2.

in part.

The Poor Relief Act, 1601

in part; namely,—

Section eighteen.

Session and Chapter. Title.

3 Jas. 1. c. 10.

in part.

An Acte for the rating and levying of the charges for conveying malefactors and offendors to the gaole—

in part; namely,—

Section three.

7 Jas. 1. c. 5.

An Acte for ease in pleading against troublesome and contencious suites prosecuted against Justices of the Peace, Maiors, Constables, and certaine other his Majesties officers, for the lawfull execucion of their office.

21 Jas. 1. c. 12.

An Acte for ease in Pleading against troublesome and contencious suits.

3 Chas. 1. c. 2.

in part.

An Act for the farther reformacion of sundry abuses committed on the Lord's Day commonlie called Sonday—

in part; namely,—

from ‘that such bill plaint or information’ to ‘Provided further.’

31 Chas. 2. c. 2.

in part.

The Habeas Corpus Act, 1679

in part; namely,—

Section nineteen.

8 & 9 Will. 3. c. 27.

in part.

An Acte for the more effectual relief of creditors in cases of escapes and for preventing abuses in prisons and pretended priviledged places—

in part; namely,—

Section seventeen.

1 Anne, c. 12.

in part.

An Act the title whereof begins with the words—An Act to explain—and ends with the words—Rochester Bridge—

in part; namely,—

Section seven.

1 Anne, Stat. 2. c. 6.

in part.

An Act for the better preventing escapes out of the Queen's Bench and Fleet Prisons—

in part; namely,—

Section five.

6 Geo. 2. c. 35.

in part.

An Act for enforcing the laws against foreign Lotteries—

in part; namely,—

Section thirty-two.

8 Gee. 2. c. 13.

in part;

The Engraving Copyright Act, 1734

in part; namely,—

Section three.

12 Geo. 2. c. 26.

in part.

An Act for the better preventing frauds and abuses in gold and silver wares—

in part; namely,—

Section twenty-three.

12 Geo. 2. c. 28.

in part.

The Gaming Act, 1738

in part; namely,—

Section twelve.

12 Geo. 2. c. 29.

in part.

An Act for the more easy assessing, collecting, and levying of county rates—

in part; namely,—

Section twenty-four.

Session and Chapter. Title.

15 Geo. 2. c. 20.

in part.

An Act to prevent the counterfeiting of Gold and Silver Lace; and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making of Gold and Silver Thread—

in part; namely,—

Section ten.

17 Geo. 2. c. 38.

in part.

The Poor Relief Act, 1743

in part; namely,—

Sections nine and ten.

19 Geo. 2. c. 21.

in part.

The Profane Oaths Act, 1745

in part; namely,—

Section eleven.

29 Geo. 2. c. 36.

in part.

An Act for enclosing, by the mutual consent of the Lord and Tenants, Part of any Common for the purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees—

in part; namely,—

Section ten.

31 Geo. 2. c. 22.

in part.

An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions—

in part; namely,—

Section seventy-nine.

7 Geo. 3. c. 38.

in part.

The Engraving Copyright Act, 1766

in part; namely,—

Section eight.

10 Geo. 3. c. 47.

in part.

The East India Company Act, 1770

in part; namely,—

Sections five and seven.

13 Geo. 3. c. 82.

in part.

An Act the title whereof begins with the words—An Act for the better regulation of Lying-in Hospitals—and ends with the words—and Places—

in part; namely,—

Sections seventeen and eighteen.

15 Geo. 3. c. 53.

in part.

The Copyright Act, 1775

in part; namely,—

Section seven.

17 Geo. 3. c. 11.

in part.

An Act for more effectually preventing Frauds and Abuses committed by persons employed in the manufactures of Combing Wool, Worsted Yarn, and Goods made from Worsted, in the counties of York, Lancaster, and Chester—

in part; namely,—

Section twenty-four.

17 Geo. 3. c. 56.

in part.

An Act the title whereof begins with the words—An Act for amending—and ends with the words—by Journeymen Dyers—

in part; namely,—

Section twenty-five.

Session and Chapter. Title.

23 Geo. 3. c. 15.

in part.

An Act for rendering more effectual the provisions contained in an Act of the thirteenth year of King George the First, for preventing frauds and abuses in the dyeing trade—

in part; namely,—

Section fifteen.

26 Gee. 3. c. 71.

in part.

The Knackers Act, 1786

in part; namely,—

Section eighteen.

28 Geo. 3. c. 7.

in part.

An Act the title whereof begins with the words—An Act to amend—and ends with the words—Silver thread—

in part; namely,—

Section six.

36 Geo. 3. c. 52.

in part.

The Legacy Duty Act, 1796

in part; namely,—

Section forty-seven.

36 Geo. 3. c. 60.

in part.

An Act to regulate the making and vending of Metal Buttons, and to prevent the Purchasers thereof from being deceived in the real Quality of such Buttons—

in part; namely,—

Section twenty-one.

36 Geo. 3. c. 88.

in part.

An Act the title whereof begins with the words—An Act to regulate the buying and selling of Hay and Straw—and ends with the work—Limits therein mentioned—

in part; namely,—

Section thirty-one.

38 Geo. 3. c. 5.

in part.

The Land Tax Act, 1797

in part; namely,—

Section thirty-nine.

39 Geo. 3. c. 79.

in part.

The Unlawful Societies Act, 1799

in part; namely,—

Section thirty-seven.

41 Geo. 3. c. 79.

in part.

The Public Notaries Act, 1801

in part; namely,—

Section seventeen.

42 Geo. 3. c. 85.

in part.

An Act the title whereof begins with the words—An Act for trying—and ends with the words—safe custody—

in part; namely,—

Section six to ‘Provided always that.’

42 Geo. 3. c. 119.

in part.

The Gaming Act, 1802

in part; namely,—

Section eight.

45 Geo. 3. c. 28.

in part.

An Act for granting to His...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT