In what cases non suit, or ver fendant. to actions in the county court. This is a mistake; the section has reference to both; the defence of a tender before action brought, or a payment into court after action, are as familiar to the practice of one court as of the other. I have now noticed all this gentleman's objections to the third of these Acts; and I trust I have convinced the reader that there is not the slightest ground or pretence for any one of them. XII. And be it enacted, that if at the trial of any such action the plaintiff shall not prove that such action was dict for de- brought within the time herein-before limited in that behalf, or that such notice as aforesaid was given one calendar month before such action was commenced, or if he shall not prove the cause of action stated in such notice, or if he shall not prove that such cause of action arose in the county or place laid as venue in the margin of the declaration, or (when such plaintiff shall sue in the county court,) within the district for which such court is holden, then and in every such case such plaintiff shall be nonsuit, or the jury shall give a verdict for the defendant. Damages. NOTE. These provisions are the same in substance as those formerly in force upon the same subject. See 2 Arch. J. P. 45, 46. XIII. And be it enacted, that in all cases where the plaintiff in any such action shall be entitled to recover, and he shall prove the levying or payment of any penalty or sum of money under any conviction or order as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of twopence as damages for such imprisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with re spect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay. NOTE. The law was the same formerly, where the action was brought against the justice for having convicted the plaintiff, or for any act done by him in causing the penalty to be levied, or the plaintiff to be imprisoned, provided the action were brought after the conviction quashed. 43 G. 3, c. 141, s. 1. See ante, p. 193. XIV. And be it enacted, that if the plaintiff in any Costs. such action shall recover a verdict, or the defendant shall allow judgment to pass against him by default, such plaintiff shall be entitled to costs, in such manner as if this Act had not been passed; or if in such case it be stated in the declaration, or in the summons and particulars in the county court if he sue in that court, that the act complained of was done maliciously and without reasonable and probable cause, the plaintiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit, to be taxed as between attorney and client; and in every action against a justice of the peace for any thing done by him in the execution of his office, the defendant, if he obtain judgment upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf, to be taxed as between attorney and client. NOTE. There is some slight difference between these provisions as to costs, and those formerly in force on the same subject. In actions of trespass the plaintiff will be entitled to his costs, if he recover, in the same manner as in ordinary cases, except under the circumstances stated in the next preceding section, in which case, although he recover, he is not entitled to costs. But in actions on the case, where it is alleged that the act complained of was done maliciously and without Act to ex- Commencement of Act. Repeal of statutes 7 Jac. 1, c. 5. reasonable and probable cause, he shall be entitled to his full costs, to be taxed as between attorney and client. Formerly in this latter case he was entitled to double costs; 24 G. 2, c. 44, s. 7; but double costs are now abolished in all cases. The defendant, formerly, was entitled to double costs, if he obtained a verdict, or the plaintiff were nonsuit, &c. By this section, he is entitled to his full costs as between attorney and client. XV. And be it enacted, that this Act shall extend only to England and Wales, and the town of Berwick-uponTweed. XVI. And be it enacted, that this Act shall commence and take effect on the second day of October, in the year of our Lord one thousand eight hundred and forty-eight. XVII. And be it enacted, that from and after the time this Act shall so commence and take effect as aforesaid, the following statutes and parts of statutes, except so far as they may repeal other statutes, shall be and shall be deemed and taken to be repealed; that is to say, so much of an Act of parliament made and passed in the seventh year of the reign of his Majesty King James the First, intituled "An Act for ease in pleading against troublesome and contentious suits prosecuted against justices of the peace, mayors, constables, and certain other his Majesty's officers, for the lawful execution of their office," as relates to actions against justices of the peace; and so much of an Act made and passed in the 21 Jac. 1, c. twenty-first year of the reign of his said Majesty 12, s. 5. King James the First, intituled "An Act to enlarge and make perpetual the Act made for ease in pleading against troublesome and contentious suits, prosecuted against justices of the peace, mayors, constables, and certain other his Majesty's officers, for the lawful execution of their office, made in the seventh year of his Majesty's most happy reign," as relates to actions against justices of the peace; and so much of an Act made and passed in the twenty-fourth year of the reign of his and part of Majesty King George the Second, intituled "An Act for 24 G. 2, c. 44, s. 1 to 2, s 8. 141. the rendering justices of the peace more safe in the execution of their office, and for indemnifying constables and others acting in obedience to their warrants," as relates to actions against justices of the peace; and a certain other Act made and passed in the forty-third 43 G. 3, c. year of the reign of His late Majesty King George the Third, intituled "An Act to render justices of the peace more safe in the execution of their duty;" and all other Act or Acts or parts of Acts which are inconsistent with the provisions of this Act; save and except so much of the said several Acts as repeal any other Acts or parts of Acts, and also except as to proceedings now pending, to which the same or any of them may be applicable. statutes. XVIII. And be it enacted, that this Act shall apply Act to apply to persons for the protection of all persons for any thing done in protected by the execution of their office, in all cases in which, by the the repealed provisions of any Act or Acts of parliament, the several statutes or parts of statutes herein-before mentioned and by this Act repealed would have been applicable if this Act had not passed. amended, &c. this session. XIX. And be it enacted, that this Act may be amended Act may be or repealed by any Act to be passed in the present sessions of parliament. |