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No. III. judgments shall be had, made, and given in and by such court, as 24George II. in other actions where the defendant is allowed to pay money into
court. C. 44.
V. And be it further enacted, That no evidence shall be permitted to be given by the plaintiff on the trial of any such action as aforesaid, of any cause of action, except such as is contained in the notice hereby
directed to be given. Action not to VI. And be it further enacted by the authority aforesaid, That from be brought a- and after the said twenty-fourth day of June, One thousand seven hungainst consta- dred and fifty-one, no action (1) shall be brought against any constable, ble till demand headborough, or other officer, (2) or against any person or persons made of copy, acting by his order and in his aid, for any thing done in obedience (3) of warrant, &c. to any warrant,(4) under the hand or seal of any justice of the peace,
until demand bath been made or left at the usual place of bis abode, by the party or parties intending to bring such action, or by his, her, or their attorney or agent, in writing, (5) signed by the party (6) demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six (7) days after such demand ; and in case after such demand and compliance therewith, by shewing, the said warrant to, and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such constable, headborough, or other officer, or against such person or persons acting in his aid for any such cause as aforesaid, without making the justice or justices who signed or sealed the said warrant, defendant or defendanis, that on producing or proving such warrant at the trial of such action, the jury shall give their verdict for the defendant or defendants, notwithstanding any defect of jurisdiction in such justice or justices; and if such action be brought jointly against such justice or justices, and also against such constable, headborough, or other officer, or person or persons acting in his or their aid as aforesaid, then on proof of such warrant the jury shall find for such constable, headborough, or other officer, and for such person and persons so acting as aforesaid, notwithstanding such defeci of jurisdiction as aforesaid ; and if the verdict shall be given against the justice or justices, that in such case the plaintiff or plaintiffs shall recover his, her, or their costs against him or them, to be taxed in such manner by the proper officer, as to include such costs as such plaintiff or plaintifis are fiable to pay to such defendant or defendants for whom such verdict
shall be found as aforesaid. Action wilfully VII. Provided always, That where the plaintiff in any such action committed, against any justice of the peace shall obtain a verdict, in case the double costs. judge before whom the cause shall be tried, shall in open court certify
on the back of the record, that the injury for wbich such action was (1) As to Replevins, see N. 1, p. 188. In is executed in a franchise out of the justice's Feltham v. Terry, B. N. P. 24, it was held jurisdiction, the officer is not entitled to the that the statute only extends to actions of benefit of the Act ; Milton v. Green, 5 East, tort, and not to assumpsit, to recover money 233. The constable is entitled to the benefit of levied on a conviction which has been quashed: the Act whether the warrant be legal or otherbut see Greenaway v. Hunt, 4 T. R. 553, men- wise. So, if under a warrant to seize stolen tioned in notes to the next number. See also goods of a certain kind, he seize goods which Wallace v. Smith, 5 East, 115.
do not appear to have been stolen ; Price v. (2) An overseer executing a warrant of dis- Messenger, 2 B, and P. 158. See Entick v. Cartress for a poor's rate is an officer within the rington, 2 Wils. 286. Act; Nutting v. Jackson, B. N. P. 24; Harper (5) If there are two copies, the one served 'v. Carr, 7 T. R. 270.
and the other kept, the production of the latter (3) An officer is not within the Act who ar- is sufficient, without giving notice to produce rests a wrong person ; Money v. Leach, 3 Bur. the other; Jory v. Orchard, 2 B. and P. 39. 1742; or who executes the warrant in an im- (6) The signature of the attorney on behalf proper manner, as by breaking open doors on a of the party is sufficient; Jory v. Orchard, 2B. warrant to distrain for a poor rate; Bell v. and P. 39. Oakley, 2 M. and S. 259. Per Dampier J.- (7) If the copy is delivered before the com" Where the justice cannot be liable, the officer mencement of the action, although after the is not within the protectiou of the statute." expiration of six days from the demand, it is
(4) If the warrant by a justice of the county sufficient; Jones v. Vaughan, 5 East, 443,
brought, was wilfully and maliciously committed, the plaintiff shall be No. III. intitled to have and receive double costs of suit.
24George II. VIII. Provided also, and be it enacted by the authority aforesaid,
c. 44. That no action shall be brought against any justice of the peace for any thing done in the execution of his office, or against any constable, Limitation of headborough, or other officer, or person acting as aforesaid, (1) un- actions. less commenced within six calendar months after the act committed. (2)
[ No. IV. ) 23 George III. c. 70:-An Act for the more 22
effectual preventing the illegal Importation of Foreign
by Excise Statutes.
aforesaid. That in 23 George III. to trial, on account of the seizure of any goods, merchandizes, or if the claimer commodities whatsoever, seized as forfeited by any Act or Acts of Par- gain a verdict, liament now in force, or hereafter to be made, relating to his Majesty's and it appear to revenue of excise or inland duties, or of any ship, vessel, or boat, or of the judge that any horses or other cattle, or of any carriages used or employed in re- the officer had moving or carrying the same, wherein a verdict shall be found for the probable cause claimer thereof; and it shall appear to the judge or court before whom of seizure, the the same shall be tried, that there was a probable cause of seizure, the claimant shall judge or court before whom the same shall be tried, shall certify on the not be intitled record that there was a probable cause for the prosecutor seizing the
to costs, &c. said goods, merchandizes, commodities, ships, vessels, boats, horses, or other cattle, or carriages, as the case may be; and in such case the claimant shall not be entitled to any costs of suit whatsoever, nor shall the person who seized the said goods, merchandizes, or commodities, or the said ships, vessels, or boats, or the horses or other cattle or carriages, be liable to any action, indictment, or other suit or prosecution on account of such seizure; and that in case any action, indictment, or prosecution, shall be commenced and brought to trial, against any person or persons whatsoever, on account of the seizure of any such goods, merchandizes, or commodities, or of any ships, vessels, boats, horses, or other cattle or carriages, used and employed in removing or carrying the same, wherein a verdict shall be given against the defendant or defendants, if the court or judge before whom such action, indictment, or prosecution, shall be tried, shall certify on the said record, that there was a probable cause for such seizure, then the plaintiff, besides the thing so seized, or the value thereof, shall not be entitled to above twopence damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above one shilling.
• XXX. And, for the more effectual preventing vexatious suits against the officers of excise, and their assistants, acting under the • authorities and powers to them given by the several statutes made for
securing the duties of excise and inland duties;' Be it further enacted by the authority aforesaid, That, from and after the first day of August, One thousand seven hundred and eighty-three, no writ shall
(1) A constable acting without warrant is the injury (false imprisonment) continued not within the provision; Postlethwaite v. Gib- down to the time of suing out the second writ. son, 3 Esp. Rep. 226.
The notice fixes the plaintiff to the trespass on (2) A writ sued out within time, but not which he means to proceed; Weston v. Fourserved, cannot be connected with another, sued mier, 14 East, 491. But a continued imprisonout after the time ; Stanway v. Perry, 2 B. and ment is one entire trespass, and the action may P. 157. The writ must be sued out within six be brought within six months after its termimonths from the time of giving notice, although nation; Pickersgill v, Palmer, B. N. P. 24.
No.IV. be sued out against, nor a copy of any process served upon, any officer 23 Geo. II. or officers of excise, or against any person or persons acting by his or c. 70.
their order, and in his or their aid, for any thing done (1) in the exe
cution of, or by reason of(2)his or their office, until one calendar month Officers not to
next after notice in writing shall have been delivered to him, or left at be sued until
the usual place of his abode, by the attorney or agent for the party who after a month's intends to sue out such writ or process as aforesaid ; in which notice notice. shall be clearly and explicitly contained the cause of action, the name Particulars to
and place of abode of (3) the person who is to bring such action, and the be contained in name and place of abode of the said attorney or agent, and that a fee such notice. of twenty shillings shall be paid for the preparing and serving of every
such notice, and no more. Officers may XXXI. And be it further enacted, That it shall and may be lawful to tender amends. and for any of the said officers, or other persons acting in their aid, to
whom such notice shall be given as aforesaid, at any time within one calendar month after such notice shall have been given, to tender amends to the party complaining, or to bis or her agent or attorney, and in case the same is not accepted, to plead such tender in bar to any action to be brought against him, grounded on such writ or pro
cess, together with the plea of Not Guilty, and any other plea, with If sufficient, a
leave of the court : and if upon issue joined thereon, the jury shall verdict to be find the amends so tendered to have been sufficient, then they shall give given for the a verdict for the defendant or defendants ; and in such case, or in case defendant, who the plaintiff shall become nonsuited, or discontinue his or her action, shall be intitled or in case judgment shall be given for such defendant or defendants to costs, &c. upon demurrer, then such detendant or defendants shall be entitled to
the like costs as he would have been entitled to in case he had pleaded the general issue only; and if upon issue so joined the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant or defendants in such other plea or pleas, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, together with his or her costs of suit.
XXXII. Provided always, and be it further enacted, That no plaintiff, in any case where an action shall be grounded on any act done by the defendant, shall be permitted to produce any evidence of the cause of such action, except such as shall be contained in the notice to be given as aforesaid, or shall recover any verdict against such officer, or persons acting in his aid, unless he shall prove on the trial of such action that such notice was given, and that in default of such proof the defendant in such action shall recover a verdict and costs as afore
said. Money into
XXXIII. And be it further enacted, That in case such officer, or others acting in his aid, shall neglect to tender any amends, or shall have tendered insufficient amends, before the action brought, it shall and may be lawful for him, by leave of the court where such action shall be brought, at any time before issue joined, to pay into court such sum of money as he shall see fit, whereupon such proceedings, orders, and judgments, shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court.
(1) In Greenaway v. Hunt, 4 T. R. 553, it scize goods as forfeited, he does it colore officii; was ruled that no action could be maintained but if he takes money for delivering up the to recover duties paid after an Act imposing goods, there is no pretence to say that is done them was repealed, and paid over by the de- colore officii; Irving v. Wilson, 4 Í. R. 485. See fendant to his superior officer : but supposing Daniel v. Wilson, 5 T.R. 1, mentioned in notes such action maintainable, the court held that to the last number. the defendant was entitled to notice, although (3) Notice of action for breaking the plainit was urged that in Feltham v. Terry, B. N. P. tiff's dwelling-house at A. is not sufficient to 24, the preceding statute, 24 Geo. II., did not describe the place of abode; Williams v. Burextend to actions of assumpsit. See Wallace v. gess, 3 Taunt. 127. Notice of an action for Smith, 5 East. 113.
seizing a ship of J. S. of Rotherhithe, and A. B. (2) Notice is not necessary in assumpsit, to late of Rotherhithe, was held sufficient; Wood recover money extorted for restoring goods v. Folliott, 3 B. and P. 552. n. seized by mistake. Grose, J.-" If an officer
XXXIV. And be it further enacted by the authority aforesaid, That if No. IV. any action or suit shall be brought or commenced against any person or 23 Geo. II. persons for any matter or thing done by any officer or officers of excise, or any others acting in his or their aid, in execution of, or by reason of his or their office, such action or suit shall be brought or commenced within three months next after the cause of action shall arise, and not Limitation of
actions. afterwards; and shall be laid and tried in the county or place where the facts were committed, and not in any other county or place; and the defendant or defendants shall and may plead the general issue, and give General issue. the special matter in evidence at any trial to be had thereupon ; and if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her, or their action or suit, or if, upon a verdict or demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have such remedies Treble costs. for the same as any defendant or defendants can or may have in other cases where costs are given by law.
[ No. V. ] 24 George III. sess. 2. c. 47.–An Act for the
more effectual Prevention of Smuggling in this King
dom. *XXXV. AND whereas, by an Act made and passed in the twenty- 24 George III.
third year of the reign of his present Majesty, (intituled, sess. 2. c. 47. * An Act for the more effectual preventing the illegal Importation of 23 Geo. 3. c. 70. • Roreign Spirits, and for putting a stop to the private Distillation of • British-made Spirituous Liquors; for explaining such part of the Act, . imposing a duty upon male servants, as relates to the right of appeal • from the justices of the peace; to amend and rectify a mistake in an • Act of the last Session of Parliament, with respect to the removal of • tea from one part of this kingdom to other parts thereof; and for * preventing vexatious actions against officers of excise acting in pur• suance of the authority given by excise statutes), divers regulations are made for the more effectual preventing vexatious suits against the officers of excise, and their assistants, acting under the authorities and powers to them given by the several statutes made for securing • the duties of excise and ipland duties; which regulations ought to be • extended to officers of the customs, and their assistants, acting under • the authorities and powers to them given by the several statutes made. • for securing the duties of the customs ;' Be it enacted, That all and every clause, matter, and regulation, in the said Act contained, touching and concerning any action to be brought against any officer or afficers of the excise, or against any person or persons acting by his or their order, and in his or their aid, for any thing done in the execution of, or by reason of his or their office, or any proceeding thereupon, shall be extended to all actions to be brought against any officer or officers of the customs, or against any person or persons acting by bis Extended to or their order, and in his or their aid, for any thing done in the execu- officers of the tion of, or by reason of their office, and to all proceedings in every. Customs, &c. such action, in as full and ample manner as if the officers of the customs. had been named and included in the said. Act.(1).
[ No. VI. ] 42 George III. c. 85.-An Act for the try,
ing and punishing in Grent Britain Persons holding
public Employments, for Offences committed abroad; (1) Notice of action against a custom-house within the statutes 23 Geo. JII. c. 70. s. 30., and officer for breaking the plaintiff's dwelling- 24 Geo. III. sess. 2. c. 47. s. 35; Williams v. louse in C. Street, in the parish of G., is not a Burgess, 3 Taunt. 127, sufficient notice of the plaintiff's place of abode,
No. VI. and for extending the Provisions of an Act, passed in 42 Geo. IIL the twenty-first Year of the Reign of King James, c. 85. made for the Ease of Justices and others in pleading
in Suits brought against them, to all persons, either in or out of this kingdom, authorized to commit to
safe Custody.-[22d June 1802.] WHEREAS persons holding and exercising public employments
out of Great Britain often escape punishment for offences com'mitted by them, for want of courts having a sufficient jurisdiction, in
or by reason of their departing from the country or place where such 'offerices have been cominitted, and that such persons cannot be tried in Great Britain for such offences as the law now stands, in as much as such offences cannot be laid to bave been committed within the body of any county: And whereas it is therefore expedient that such
and the like provisions as are contained in an Act passed in the eleventh 11 & 12 Gul. 3. and twelfth years of the reign of his late Majesty King William the
Third, intituled, “ An Act to punish governors of plantations of this
• kingdom for crimes by them committed in the plantations,” and in an 13 Geo. 3. c. 63. Act passed in the thirteenth year of the reign of his present Majesty,
intituled, “ An Act for establishing certain regulations for the better
management of the affairs of the East India Company, as well in India 24 Geo. 3. c. 25. as in Europe,” and in an Act passed in the twenty-fourth year of the
reign of his present Majesty, intituled, “ An Act for the better regula* tion and management of the affairs of the East India Company, and of • the British possessions in India, and for the establishing a court of * judicature for the more speedy and effectual trial of persons accused of offences committed in the East Indies," should be extended and applied to the punishment of such offenders ;' May it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Coinmons, in this present Parliament Offences com- assembled, and by the authority of the same, That from and after the mitted by per- passing of this Act, if any person who now is, or heretofore has been, sons employed or shall hereafter be employed by or in the service of his Majesty, his in any public
heirs or successors, in any civil or military station, office, or capacity service abroad
out of Great Britain, or shall heretofore have had, held, or exercised, may be prose
or now bas, holds, or exercises, or shall hereafter have, hold, or exercuted in the Court of King's
cise any public station, office, capacity, or employment, out of Great Bench in Eng- Britain, shall have committed, or shall commit, or shall have heretofore land; and may been, or is, or shall hereafter be guilty of any crime, misdemeanor, or be laid in Mid offence, in the execution, or under colour, or in the exercise of any dlesex, and the such station, office, capacity, or employment as aforesaid, every such offenders pu- crime, offence, or misdemeanor may be prosecuted or inquired of, and nished as if the heard and determined in his Majesty's Court of King's Bench here in offences had
England, either upon an information exhibited by his Majesty's Attorin England, and ney-general, or upon an indictment found; in which information also incapaci
or' indictment such crime, offence, or misdemeanor may be laid and lated.
charged to have been committed in the county of Middlesex ; and all such persons so offending, and also all persons tried under any of the provisions of the said recited Act, passed in the reign of King William aforesaid, or this Act, or either of them, for any offence, crime, or misdemeanor, and not having been before tried for the same out of Great Britain, shall on conviction, be liable to such punishment as may, by any law or laws now in force, or any Act or Acts that may hereafter be passed, be inflicted for any such crime, misdemeanor, or offence committed in England, and shall also be liable, at the discretion of his Majesty's Court of King's Bench, to be adjudged to be incapable of serving his Majesty in any station, office, or capacity, civil or military, or of holding or exercising any public employment whatever.