The Short Title of this Act shall be “The Unincorporated Boards Suits Act 1870.”

Whenever any Board has been or hereafter shall be created by any Act of the General Assembly or by any Act or Ordinance of any Provincial Council for the purpose of carrying on works or services of a public nature and such Board shall not be incorporated such Board whether designated by a collective name or title or not in the Act or Ordinance creating the same may sue and be sued in all actions for money founded upon contract and in all actions for money in respect of any tort founded upon contract and in all actions for specific relief in the name of the Chairman thereof if there be a Chairman and if not in the name of any of the Members thereof.

In any action to be commenced by or against any such Board under the provisions of this Act in addition to the name of the Chairman or of the Member of the said Board who shall be the plaintiff or defendant as the case may be in such action there shall be added in the writ of summons or other first process in such action words to designate that such Chairman or Member is suing or is sued as the case may be on behalf of such Board.

No action shall abate or be discontinued by reason of the Chairman or other Member of the Board ceasing to be Chairman or Member nor shall such Chairman or other Member discontinue any action brought in his name or suffer judgment by default or confess any judgment or consent to any decree in any action brought against him without the consent of the Board.

No Chairman or Member of any Board suing or being sued as aforesaid shall be liable to execution either against his person or estate for any moneys or costs recovered against him either as plaintiff or defendant in any such action or decreed to be paid in such action unless by some instrument in writing he shall have expressly made himself or his estate liable thereto.

In any such action as is mentioned in section two of this Act commenced in the Supreme Court before the passing of this Act by or against any such Board it shall be lawful for the said Court or any Judge thereof whether such action shall have been abated by reason of any change in the members of the said Board or not to order that the title of the said action shall be amended by substituting the name of the Chairman or some Member of the said Board as the plaintiff or defendant as the case may be in the said action, and adding thereto such words as are mentioned in section three of this Act and all further proceedings in the said action shall thenceforth be conducted as if the same had been commenced under the provisions of this Act.

In case any action so amended shall previously have abated by reason of change in the Members comprising such Board such amendment shall without any further proceedings be deemed to have duly revived the said action.