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i3Vic.ci5. and such summons were served upon such person, either personally or by leaving the same tor 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 any thing done under such warrant.
previously nerved, and nut obeyed.
If one justice make a co:ivic'.ion, or order, and another grant a warrant upon It, (lie action Tor a defect in the conviction or order mui't be brought against tho former.
If a justice refuse to do an act, the supreme court may order him to do it, and no action shall be brought against him thereon.
After conviction or order affirmed on appeal, no action for any thing done under a warrant upon it.
3. Where a conviction or order shall be made by one or more justice or justices of the peace, and a warrant of distress or commitment shall be granted thereon by some other justice of the peace, bona 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, for any want of jurisdiction in the justice or justices who made the same, but the action (if any) shall be brought against the justice or justices who made such conviction or order.
4. And whereas it would conduce to the advancement of justice, and render more effective and certain the performance of the duties of justices, and give them protection in the performance of the same, if some simple means, not attended with much expense, were devised, by which the legality of any act to be done by such justices might be considered and adjudged by a court of competent jurisdiction, and such justice enabled and directed to perform it without risk of any action or other proceedings being brought or had against him: Be it therefore enacted, That in all cases where a justice or justices of the peace shall refuse to do any act relating to the duties of his or their office as such justice or justices, it shall be lawful for the party requiring such act to be done to apply to the supreme court of judicature, upon an affidavit of the facts, for a rule calling upon such justice or justices, and also the party to be affected by such act, to show cause why such act should not be done; and if, after due service of such rule, good cause shall not be shown against it, the said court may make the same absolute, with or without, or upon payment of costs, as to them shall seem meet; and the said justice or justices, upon being served with such rule absolute, shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted against such justice or justices for having obeyed such rule, and done such act, so thereby required as aforesaid.
5. In all cases where a warrant of distress, or warrant of commitment shall be granted by a justice of the peace, upon any conviction or order, which either before or after the granting of such warrant shall have been, or shall be confirmed upon appeal, no action shall be brought against such justice, who so granted such warrant, for any thing which may have been done under the same, by reason of any defect in such conviction or Order.
6. In all cases where, by this act, it is enacted that no action 13 vice. is. shall be brought under particular circumstances, if any such Jj^^J, action shall be brought, it shall be lawful for a judge of the court 'm»in which the same shall be brought, upon application of the brought, defendant, and upon an affidavit of facts, to set aside the proceedings tw« act* in such action, with or without costs, as to him shall seem meet: J*?„Jjbj'J*, Provided nevertheless, That if such action shall be brought in any set a»ide of the courts of common pleas in this island, it shall not be law- pro8CC mg"' ful for any but the chief judge of such court to set aside such proviso, proceedings as aforesaid.
7. No action shall be brought against any justice of the peace Limitation for any thing done by him in the execution of his office, unless
the same be commenced within six calendar months next after the act complained of shall have been committed.
8. No such action shall be commenced against any such justice Notice or of the peace, until one calendar month at least after a notice, in ac"°" 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.
In every such action, commenced in the supreme court, the vena*, venue shall be laid in the county where the act complained of was committed; or in actions in the common pleas, the action must be brought in the court within the parish or precinct in which the act complained of was committed, and the defendant Defendant shall be allowed to plead the general issue, and to give any special uTgmni matter of defence, excuse, or justification in evidence, under such g"e<an,"d plea, at the trial of such action: Provided always, That no action special shall be brought in any court of common pleas against a justice in evidence! 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 court of common pleas for such cause of action, all proceedings afterwards had in such court of common pleas in any such action, shall be null and void.
10. In every case, after notice of action shall be so given as Tender and aforesaid, and before such action shall be commenced, such jus- moneylnto ticc, to whom such notice shall be given, may tender to the coun
Mami Ac?" Partv complaining, or to his attorney or agent, such sum of v_-^-^J. money as he may may think fit, as amends for the injury corn's*9 plained 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 sums so tendered or paid into court, or beyond the sum 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, or from the chief judge, if the action is brought in the common pleas, 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 catei nonruit or verdict fur defendant.
11. If, at the trial of 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, 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 a court of common pleas) within the parish or precinct 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.
12. 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 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 i^Y"-^1,5law to pay the sum he was ordered to pay, and (with respect ^^/—»J. to such imprisonment) that he had undergone no greater punish- 18*9ment 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.
13. If the plaintiff in any such action shall recover a verdict Costs. or the defendant snail 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 that the act complained of was done maliciously, and without reasonable and probable cause, the plantiff, 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 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.
INTERPRETATION OF WORDS. (»)
«.i». 9 Geo. IV. c. 19.] For improving the administration ofcrimi
1828. Isld. [Dec. 24, 1828.]
relating to 9 Geo. IV. c. 19, sec. 8.] Wherever any act of this island
mMcu'm'io'"' relating to any offence, whether punishable upon indictment or
fua" "in"" summary conviction, in describing or referring to the offence
ciude the or subject-matter, on or with respect to which it 6ball be commit
tnc^inpTiar ted, or the offender or the party affected or intended to be
th« plum, affected by the offence, hath used or shall use words importing
the singular number or the masculine gender only, yet the act
shall be understood to include several matters as well as one
matter, and several persons as well as one person, and females
as well as males, unless it be otherwise specially provided, or
there be something in the subject or context repugnant to such
Will. iv. 7 Will. IV. c. 41.] For consolidating and amending the laws ■■land Act. relating to offences against the person. ^^ Isld. [March 4, 1837.]
h?bTMr'll*rd 7 Wil1- c' 41»*ec- 30-] Tbe term "hard labour," when used in this act, shall be deemed to mean hard labour on the treadmill, or otherwise, within the house of correction, or upon the highways or otherwise, as the convict gang of any such house of correction may be employed.
t\vf'M 2 an(ls WlLL. IV. c. 34.] For consolidating and amending
Brituh'atat the laws against offences relating to the coin.
^^- Brit. [May 23, 1832.]
im'!"r0Jta. 2 and 3 W,U- JV- c- 34' sec- 210 Where "tne faV* current iion m to gold or silver coin," or "the king's current copper coin," shall be
(a) For titles of acts, vide Text. (Po.il.)