CHAPTER XI. HUNDREDORS. THE liability of the hundred for damage done by rioters acting feloniously is regulated by 7 & 8 Geo. 4, c. 31. For damage done under 301. the remedy is at petty sessions. If the damage done to the plaintiff is above 30l., the plaintiff, or his servant having charge of the property injured, must, within seven days exclusive(') after the injury is committed, state, on oath before some justice residing near and having jurisdiction, the names of the offenders, and enter into a recognizance to prosecute.(2) All the persons cognizant of the circumstances should be examined on such occasions before the magistrate. (3) But in the first instance those servants only who have the general superintendence, and not those under them having special care of particular portions only, need to make the oath.(*) Where the action was brought for maliciously setting on fire, it was held that a reversioner might sue for injury to the premises, that his oath was sufficient if he had no servant on the premises, and that he was not bound to state his suspicions as to the offenders. (5) When the party is before the justice, he submits to examination; but it is enough that the party should take a deposition, previously prepared, and swear to it, if the justice requires nothing further. (") The examinations, (1) Pellew v. Wonford Hundred, 9 B. & C. 135. (2) 7 & 8 Geo. 4, c. 31, s. 3; Bull. N. P. 186. Rolfe v. Elthorne Hundred, 1 M. & M. 185; Duke of Somerset v. Mere Hundred, 4 B. & C. 167; 6 D. & R. 247; Nesham v. Armstrong, 1 B. & Aid. 146. Love v. Broxtowe Hundred, 3 B. & Ad. 550. 9 Geo. 1, c. 22; Pellew v. Wonford Hundred, 9 B. & C. 134; 4 M. & R. 130. (*) Lowe v. Broxtowe Hundred, 3 B. & Ad. 550. it seems, need not be taken down in writing.(1) The action must be brought within three calendar months after the day on which the offence was committed. (2) It is not decided, whether the executor of a term for years can sue for injury to the premises sustained in the lifetime of the testator.(3) 66 Writ of summons and service and appearance.]-The writ of summons is the mode of commencing the action,(*) and should be addressed "to the inhabitants of the hundred of in the county of ," but not to any of them individually by name, for they may cease to be inhabitants before the damages are leviable.(5) Every writ issued against the inhabitants of a hundred or other like district may be served on the high constable thereof, or any one of the high constables thereof, and every such writ issued against the inhabitants of any county of any city or town, or the inhabitants of any franchise, liberty, city, town, or place not being part of a hundred, or other like district, on some peace officer thereof."() The high constable or peace officer, within seven days after service, must give notice thereof to two justices residing in and acting for the hundred, &c.; and he then enters an appearance as in other cases on behalf of the hundred, and acts afterwards according to his instructions.(") If the two justices, to whom notice of service must have been given, so advise, the constable may allow judgment to go by default.(*) Costs and damages.]-The plaintiff, if successful, is entitled to his costs in the usual way.() If the plaintiff is nonsuited, the hundred will be entitled to costs. (1) In assessing the damages the jury are to consider, what sum will be necessary to repair the injury and replace the building in the state it was in when the outrage was committed, and not whether the plaintiff was likely to make it his residence or whether it was suitable for such residence.(") The high (1) Graham v. Beantree Hundred, Bull. N. P. 186 (2) 7 & 8 Geo. 4, c. 31, s. 3. (3) Adam v. Bristol Inhabitants, 2 A. & E. 389; 4 N. & M. 144. (4) 2 Will. 4, c. 39. (5) Jackson v. Pearson, 1 B. & C. 304. (6) C. L. P. Act, 1852, s. 16. (7) 7 & 8 Geo. 4, c. 31, s. 4. See 2 Wms. Saund. 378 b. (8) 7 & 8 Geo. 4, c. 31, s. 4. () Witham v. Hill, 2 Wils. 91; 2 Lord Raym. 474. (10) Greetham v. Theele Hundred, 3 Burr. 1723. (1) Duke of Newcastle v. Broxtowe Hundred, 4 B. & Ad. 273. constable is reimbursed his costs in defending the action on producing the bill of costs and proving the same before two justices of the peace, who thereupon make an order on the treasurer of the county or division. If judgment go against the plaintiff, the constable is reimbursed in the same way for any expenses incurred over and above taxed costs. (1) Execution.]-The 7 & 8 Geo. 4, c. 31, ss. 6, 14, enacts that, if the plaintiff succeeds in the action, no writ of execution shall be executed on any inhabitant of the hundred or the constable; but the sheriff, on receipt of the writ of execution, makes his warrant to the treasurer of the county, commanding him to pay the sum, and which the latter is authorized to do. Form of Fieri Facias against the Inhabitants. we command you that of the goods and chattels of the men inhabiting within the hundred called in your bailiwick, you cause to be made £ which A. B., lately in our Court of recovered against the said men, whereof the said men, inhabiting within the hundred aforesaid, are convicted, together with interest, &c. immediately after the execution hereof, to be rendered to the said A. B., and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this writ make appear, &c. (1) 7 & 8 Geo. 4, c. 31, s. 7. CHAPTER XII. JUSTICES, CONSTABLES, AND PARTIES ACTING UNDER STATUTES. 1. Justices of the Peace. 2. Constables. (a) In what cases actions lie. 3. Special borough and county (b) Limitation of action. (d) Venue and plea, &c. 4. constables. Revenue officers. 5. Officers and persons generally acting under statutes. 1. Justices of the Peace. THE actions against justices of the peace for anything done in the execution of their duty are regulated by 11 & 12 Vict. c. 44, which repeals all prior acts relating to such actions, and applies for the protection of all persons for anything done in the execution of their office in all cases in which such repealed statutes were formerly applicable.(1) (a) Acts done within his jurisdiction.]-"Every action hereafter to be brought against any justice of the peace for any act done by him in the execution of his duty as such justice, with respect to any matter within his jurisdiction as such justice, shall be an action on the case as for a tort, and in the declaration it shall be expressly alleged that such act was done maliciously, and without reasonable and probable cause, and if at the trial of any such action, upon the general issue being pleaded, the plaintiff shall fail to prove such allegation, he shall be nonsuit, or a verdict shall be given for the defendant."(*) (1) 11 & 12 Vict. c. 44, s. 18. (2) Ibid. s. 1. Acts done without jurisdiction.]—"For any act done by a justice of the peace in a matter of which by law he has not jurisdiction, or in which he shall have exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made, or warrant (1) issued by such justice in any such matter, may maintain an action against such justice in the same form, and in the same case as he might have done before the passing of this act, without making any allegation in his declaration that the act complained of was done maliciously, and without reasonable and probable cause: provided, nevertheless, that no such action shall be brought for anything done under such conviction or order, until after such conviction shall have been quashed, either upon appeal or upon application to Her Majesty's Court of Queen's Bench; nor shall any such action be brought for anything done under any such warrant, which shall have been issued by such justice to procure the appearance of such party, and which shall have been followed by a conviction or order in the same matter, until after such conviction or order shall have been so quashed as aforesaid; or if such last-mentioned warrant shall not have been followed by any such conviction or order, or if it be a warrant upon an information for an alleged indictable offence, nevertheless, if a summons were issued previously to such warrant, and such summons were served upon such person either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of such summons, in such case no such action shall be maintained against such justice for anything done under such warrant."(2) Conviction by one, and warrant by another justice.]—“Where a conviction or order shall be made by one or more justice or justices of the peace, and a warrant of distress or of commitment shall be granted thereon by some other justice of the peace bonâ fide and without collusion, no action shall be brought against the justice who so granted such warrant, by reason of any defect in such conviction or order, or for any want of jurisdiction in the justice or justices who made (1) See Bessell v. Wilson, 1 E. & B. 489. (2) 11 & 12 Vict. c. 44, s. 2. The notice of action required (see post, p. 705) may be given before the quashing of the order, the cause of action being complete before the quashing, which is only a condition to the prosecution of the action, like the delivery of an attorney's signed bill of costs. Haylock v. Sparke, 1 E. & B. 471. |