78.
(1) No action shall be instituted against any Development Council, or the Chairman, or any member, or any person acting under the direction of the Council or Chairman, for anything done or omitted to be done under the provisions of this Act or any other written law or of any by-law or regulation made thereunder, until the expiration of one month next after notice in writing shall have been given to the Council or to the defendant, stating with reasonable certainty the cause of such action, and the name and the place of abode of the intended plaintiff and of his attorney-at-law or agent, if any, in the action. |
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(2) Every action referred to in subsection (1) shall be commenced within two years next after the accrual of the cause of action and not afterwards. |
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(3) Where any person to whom notice of any action is given under subsection (1) tenders, before action is brought, sufficient amends to the plaintiff, such plaintiff shall not recover in any such action when brought, and the defendant shall be entitled to be paid his costs by the plaintiff. |
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(4) If no tender of amends is made under subsection (3) it shall be lawful for the defendant in such action, by leave of, the court before which such action is pending, at any time before issue is joined, to pay into court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. |
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