9. And be it enacted, That no such action shall 11 & 12 Vict. c. 44. be commenced against any such Justice of the Notice of action. Peace until one calendar month at least after a notice in writing of such intended action shall have been delivered to him, or left for him at his usual place of abode, by the party intending to commence such action, or by his attorney or agent, in which said notice the cause of action, and the Court in which the same is intended to be brought, shall be clearly and explicitly stated; and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said attorney or agent, if such notice have been served by such attorney or agent.

plead the general

evidence.

10. And be it enacted, That in every such Venue. action the venue shall be laid in the county where the act complained of was committed, or in actions in the County Court the action must be brought in the Court within the district of which the act complained of was committed; and Defendant may the defendant shall be allowed to plead the general issue, and special issue therein, and to give any special matter of matter, &c., in defence, excuse, or justification in evidence under such plea, at the trial of such action: Provided always, that no action shall be brought in any such County Court against a Justice of the Peace for any thing done by him in the execution of his office if such Justice shall object thereto; and if within six days after being served with a summons in any such action such Justice, or his Attorney or Agent, shall give a written notice to the plaintiff in such action that he objects to being sued in such County Court for such cause of action, all proceedings afterwards had in such County Court in any such action shall be null and void.

By sec. 8 of the Act of Council 14 Vict. No. 48, ante p.7, no action can be brought against any Justice in respect of anything done by him in the execution of his office, in any Court of Requests or Petty Sessions. 11. And be it enacted, That in every after notice of action shall be so given as aforesaid, into Court.

such case

Tender, and payment of money

11 & 12 Viet.c. 44. and before such action shall be commenced, such Justice to whom such notice shall be given may tender to the party complaining, or to his Attorney or Agent, such sum of money as he may think fit as amends for the injury complained of in such notice; and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, or either of them, may afterwards be given in evidence by the defendant at the trial under the general issue aforesaid; and if the jury at the trial shall be of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into Court, or beyond the sums so tendered and paid into Court, then they shall give a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the plaintiff; or if, where money is so paid into Court in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from any Judge of the Court in which such action shall be brought an order that such money shall be paid out of Court to him, and that the defendant shall pay him his costs to be taxed, and thereupon the said action shall be determined, and such order shall be a bar to any other action for the same cause.

In what cases nonsuit, or ver

ant.

12. And be it enacted, That if at the trial of diet for defend any such action the plaintiff shall not prove that such action was brought within the time hereinbefore 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, 11 & 12 Vict. c. 44. 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. 13. And be it enacted, That in all cases where Damages. 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 two-pence 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 respect 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 nonpayment of the sum he was so ordered to pay.

14. And be it enacted, That if the plaintiff in Costs. any 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

11 & 12 Vict c.44. suit, to be taxed as between attorney and client; and in every action against a Justice of the Peace for anything 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.

Extent of Act.

Commencement

of Act.

After commencement of this Act

of Statutes

repealed.

15. And be it enacted, That this Act shall extend only to England and Wales and the town of Berwick-upon-Tweed.

16. 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.

17. And be it enacted, That from and after the the following time this Act shall so commence and take effect Statutes or parts 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

7 Jac. 1, c. 5.

against troublesome and contentious suits prose"cuted 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 twenty-first year of the reign of His said Majesty 21 Jac 1, c. 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 con"tentious 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 Majesty King George 24 G. 2, c. 44, ss. the Second, intituled, "An Act for the ren

1, 2, and part of

s. 8.

43 G. 3, e. 141.

"dering Justices of the Peace more safe in the 11&12 Vict.c.44. "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 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.

66

persons protect

ed Statutes.

18. And be it enacted, That this Act shall Act to apply to apply for the protection of all persons for anything ed by the repealdone in the execution of their office, in all cases in which, by the 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.

19. And be it enacted, That this Act may be Act may be amended or repealed by any Act to be passed in amended, &c. the present Session of Parliament.