SEC. 2. That such plaintiff shall not be entitled to recover any penalty levied, nor any damages or costs whatever, in case such justice shall prove at the trial that such plaintiff was guilty of the offence whereof he had been convicted, and that he had undergone no greater punishment than was assigned by law to such offence. 43 GEO. III. CH. 143. Act for rendering Justices of the Peace, and Governors and Deputy Governors of Counties and Places in Ireland more safe in the Execution of their Offices, and for indemnifying Constables and others acting in Obedience to the Warrants of such Justices of the Peace, Governors, and Deputy Governors respectively. IT IS ENACTED, [11th August, 1803. brought. SEC. 1.-That no writ shall be sued out, nor copy One month's noof process served, at the suit of a subject, on any jus- to magistrates tice to be given tice of the peace, or governor or deputy governor of before action any county or place in Ireland, for any thing done in the execution of his office, until notice in writing thereof shall have been delivered to him or left at his place of abode by the attorney of the party, at least one calendar month before suing out the same; in which notice shall be clearly and explicitly contained the cause of action, and on the back thereof, the name and residence of the attorney so serving the notice, who shall be entitled to a fee of twenty shillings for preparing and serving the same. SEC. 2. That such justice, governor, or deputy go- Within a month vernor, at any time within one calendar month after notice justice, &c. may tender given, may tender amends to the party or his agent, and amends. C Service of notice must be proved. Payment of money into court. if not accepted may plead the tender, together with the plea of not guilty, and any other plea with the leave of the court; and if the jury find the amends sufficient, they shall give a verdict for the defendant, and in such case, or in case plaintiff shall be non-suit, or discontinue the action, or that judgment be given for defendant on demurrer, such defendant shall be entitled to the like costs as he would have been entitled to had he pleaded the general issue only; and if, on issue so joined, the jury shall find that no amends were tendered, or that they were not sufficient, and also against the defendant or defendants on such other pleas, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, which the party shall recover, together with costs of suit. SEC. 3. That no such plaintiff shall recover, unless it be proved on the trial that such notice was given, and in default thereof, the defendant shall recover a verdict and costs. SEC. 4. That where such justice, governor, or deputy governor, shall neglect to tender amends, or shall have tendered insufficient amends before action brought, it shall be lawful for him, by leave of the court, at any time before issue joined, to pay such sum of money into court as he shall see fit, whereupon such proceedings shall be had as in other actions where the defendant is allowed to pay money into court. (a) (a) The effect of paying money into court by the defendant is thus expressed by Mr. Sergeant Williams : "If the defendant has never had an opportunity to make a tender, or has neglected to make one, he may however relieve himself by paying the debt into court after the action brought, 'together with the costs of the action up to that time. And in case the plain"tiff refuses to accept the money, he proceeds at his peril, insomuch that if "at the trial he be nonsuited, or the jury shall not give him a sum exceeding "the money paid into court, he will be obliged to pay the costs of the action : though he is still entitled to take the money out of court as well in this case confined to SEC. 5.-That no evidence shall be permitted to be Evidence to be given of any cause of action, except of such as is contained in the notice hereby directed to be given. cause stated in notice. to be brought. constables how SEC. 6. That no action shall be brought against any Actions against constable or other officer in Ireland, or against any person or persons acting by his order and in his aid, for any thing done in obedience to a warrant under hand or hand and seal of a justice of the peace, governor, or de puty governor, until demand hath been made or left at the place of abode, by the party intending to bring the action or his agent, in writing, signed by the party demanding, of the perusal and copy of such warrant, and the same has been refused or neglected for the space of six days after such demand; and in case, after demand and compliance, any action shall be brought against such constable, or other officer or person acting in his aid, without making the justices or other persons who signed or sealed the said warrant, defendants therein, on producing the warrant at the trial, the jury shall give a verdict for the defendants, notwithstanding any defect of jurisdiction in such justices or governors, and if such action be brought jointly against the justices and constables or other persons acting in aid, then on proof of the warrant the jury shall find for the constable or other person acting in aid, notwithstanding the defect of jurisdiction and if the verdict be given against such justice, or governor, or deputy governor, in such case the plaintiff "as on a plea of tender, for the defendant in both cases admits that the plain"tiff has a cause of action to the amount of the money tendered, or paid into "court."-Note (2) 1 Saund. 33d. A recent decision on this subject in Ireland deserves to be noticed. It is the case of Barton v. Crawford and Cooke, K. B. Trin. Term, 1826. One of the defendants, a magistrate, in an action against him paid £10 into court, and the plaintiff proceeding to trial got a verdict of one farthing damages. The court of K. B. held that the justice was entitled to the costs of the action as if a verdict passed in his favour.—Batty's Reports, 334. Limitation of actions. shall recover costs, to be taxed in such manner as to include such costs as plaintiff is liable to pay such defendant as obtains a verdict as aforesaid: Provided always, that where a plaintiff in such action against a justice, governor, or deputy governor, shall obtain a verdict, in case the judge shall certify in open court, on the back of the record, that the injury was wilfully and maliciously committed, the plaintiff shall be entitled to double costs. SEC. 7.-That no action shall be brought against any justice, governor, or deputy governor, or constable, or other officer or person acting in aid, for any thing done in the execution of his office, unless commenced within six calendar months after act committed (a). (a) Numerous decisions have taken place in the superior courts in England on the 24 Geo. 2, ch. 44, the English act analogous to the present. It has been frequently observed, that the notice of one month required to be given to the justices or other officers is of no use where they acted within the strict limits of their duty, but only where they intended so to do, and by mistake exceeded it. Per Ld. KENYON, Greenway v. Hurd, 4 T. R. 553. Ld. TENTERDEN in a very recent case, Beechey v. Sides, 9 Barn. and Cres. 809, states that where a party bona fide believes he is acting in pursuance of an act of parliament, he is within the protection of such a clause. The two other judges, BAYLEY and LITTLEDALE, concurred. But where the act in question has not been done in the capacity of justice, and cannot be referred to that character, notice is not required. Morgan v. Palmer, 2 Barn. and Cres. 729. The nature of the writ or process intended to be sued out, as well as the cause of action, must be stated in the notice. Lovelace v. Currie, 7 T. R. 631. The plaintiff must shew that he has commenced his action within six months from the date of the act complained of, and that the cause of action arose in the county in which the action is brought or the venue laid. The statute 43 Geo. 3, ch. 141, protects the magistrates only in the case of conviction quashed. Massey v. Johnston, 12 East, 71. In this case Lord ELLENBOROUGH, with whom the other judges concurred, said, “ it appears to me "that the true construction of the act is, to confine the protection given by it "to magistrates, to cases where there has been in fact a conviction." And to this LE BLANC, J. added, "that if the construction of the act were otherwise, "it would go the length of saying that in no case would trespass lie against a "magistrate for any act done by him in his official character, whether there "had been any conviction or not; which could not have been the meaning of "the legislature." 3 GEO. IV. CH. 23. Act to facilitate summary Proceedings before Justices of the Peace and others. IT IS ENACTED: [15th May, 1822. SEC. 1.-That in all cases wherein a conviction shall have taken place, and no particular form for the record thereof hath been directed, the justice or justices, deputy lieutenants or other persons, duly authorized to proceed summarily therein, and before whom the offender or offenders shall have been convicted, shall and may cause the record of such conviction to be drawn up in the manner and form following, or in any words to the same effect, mutatis mutandis; (that is to say,) may be,] personally came before me, [or, us, &c.] one [or, as the Information. case may be] of his Majesty's justices of the peace for the said and informed me [or, us] that E. F. of fact for which the information is laid,] contrary to the form of the statute in such case made and provided, whereupon the said E. F. after being duly summoned to answer the said charge, Summons and appeared before me [or, us, &c.] on the day of and having heard the appearance. charge contained in the said information, declared he was not |