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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

No. III.

c. 44.

Action not to be brought against constable till demand made of copy of warrant, &c.

Action wilfully committed, double costs.

court.

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.

VI. And be it further enacted by the authority aforesaid, That from and after the said twenty-fourth day of June, One thousand seven hundred and fifty-one, no action (1) shall be brought against any constable, headborough, or other officer, (2) or against any person or persons acting by his order and in his aid, for any thing done in obedience (3) to any warrant, (4) under the hand or seal of any justice of the peace, until demand hath been made or left at the usual place of his 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 defendants, 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 defect 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 plaintiff's are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid.

VII. Provided always, That where the plaintiff in any such action against any justice of the peace shall obtain a verdict, in case the judge before whom the cause shall be tried, shall in open court certify on the back of the record, that the injury for which such action was

(1) As to Replevins, see N. 1, p. 188. In Feltham v. Terry, B. N. P. 24, it was held that the statute only extends to actions of tort, and not to assumpsit, to recover money levied on a conviction which has been quashed: but see Greenaway v. Hunt, 4 T. R. 553, mentioned in notes to the next number. See also Wallace v. Smith, 5 East, 115.

(2) An overseer executing a warrant of distress for a poor's rate is an officer within the Act; Nutting v. Jackson, B. N. P. 24; Harper v. Carr, 7 T. R. 270.

(3) An officer is not within the Act who arrests a wrong person; Money v. Leach, 3 Bur. 1742; or who executes the warrant in an improper manner, as by breaking open doors on a warrant to distrain for a poor rate; Bell v. Oakley, 2 M. and S. 259. Per Dampier J."Where the justice cannot be liable, the officer is not within the protectiou of the statute."

(4) If the warrant by a justice of the county

is executed in a franchise out of the justice's jurisdiction, the officer is not entitled to the benefit of the Act; Milton v. Green, 5 East, 233. The constable is entitled to the benefit of the Act whether the warrant be legal or otherwise. So, if under a warrant to seize stolen goods of a certain kind, he seize goods which do not appear to have been stolen; Price v. Messenger, 2 B, and P. 158. See Entick v. Carrington, 2 Wils. 286.

(5) If there are two copies, the one served and the other kept, the production of the latter is sufficient, without giving notice to produce the other; Jory v. Orchard, 2 B. and P. 39.

(6) The signature of the attorney on behalf of the party is sufficient; Jory v. Orchard, 2 B.

and P. 39.

(7) If the copy is delivered before the commencement of the action, although after the expiration of six days from the demand, it is sufficient; Jones v. Vaughan, 5 East, 445,

brought, was wilfully and maliciously committed, the plaintiff shall be intitled to have and receive double costs of suit.

No. III.

24George II.

c. 44.

VIII. Provided also, and be it enacted by the authority aforesaid, 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 effectual preventing the illegal Importation of Foreign Spirits, and for putting a Stop to the private Distillation of British-made Spirituous Liquors; * * * * and for preventing vexatious Actions against Officers of Excise acting in pursuance of the Authority given by Excise Statutes.

c. 70.

to costs, &c.

XXIX. AN ND be it further enacted by the authority aforesaid, That in 23 George III. case any information or suit shall be commenced and brought 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 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 not within the provision; Postlethwaite v. Gibson, 3 Esp. Rep. 226.

(2) A writ sued out within time, but not served, cannot be connected with another, sued out after the time; Stanway v. Perry, 2 B. and P. 157. The writ must be sued out within six months from the time of giving notice, although

the injury (false imprisonment) continued down to the time of suing out the second writ. The notice fixes the plaintiff to the trespass on which he means to proceed; Weston v. Fourmier, 14 East, 491. But a continued imprisonment is one entire trespass, and the action may be brought within six months after its termination; Pickersgill v. Palmer, B. N. P. 24.

No. IV.

23 Geo. III.

c. 70.

be sued out against, nor a copy of any process served upon, any officer or officers of excise, or against any person or persons acting by his or their order, and in his or their aid, for any thing done (1) in the execution 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 shall be clearly and explicitly contained the cause of action, the name and place of abode of (3) the person who is to bring such action, and the name and place of abode of the said attorney or agent, and that a fee of twenty shillings shall be paid for the preparing and serving of every such notice, and no more.

notice. Particulars to be contained in such notice.

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 his 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 process, together with the plea of Not Guilty, and any other plea, with leave of the court: and if upon issue joined thereon, the jury shall find the amends so tendered to have been sufficient, then they shall give a verdict for the defendant or defendants; and in such case, or in case 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 defendant 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.

If sufficient, a verdict to be given for the defendant, who

Money into

court.

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 aforesaid.

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 was ruled that no action could be maintained to recover duties paid after an Act imposing them was repealed, and paid over by the defendant to his superior officer: but supposing such action maintainable, the court held that the defendant was entitled to notice, although it was urged that in Feltham v. Terry, B. N. P. 24, the preceding statute, 24 Geo. II., did not extend to actions of assumpsit. See Wallace v. Smith, 5 East. 113.

(2) Notice is not necessary in assumpsit, to recover money extorted for restoring goods seized by mistake. Grose, J.-" If an officer

scize goods as forfeited, he does it colore officii; but if he takes money for delivering up the goods, there is no pretence to say that is done colore offici; Irving v. Wilson, 4 T. R. 485. See Daniel v. Wilson, 5 T.R. 1, mentioned in notes to the last number.

(3) Notice of action for breaking the plaintiff's dwelling-house at A. is not sufficient to describe the place of abode; Williams v. Burgess, 3 Taunt. 127. Notice of an action for seizing a ship of J. S. of Rotherhithe, and A. B. late of Rotherhithe, was held sufficient; Wood v. Folliott, 3 B. and P. 552. n.

No. IV.

c. 70.

actions.

XXXIV. And be it further enacted by the authority aforesaid, That if 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 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 de

fendants 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. AN

ээ

ND 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.

་་

Foreign 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 pursuance 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 inland 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 officers 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 his 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 Great Britain Persons holding
public Employments, for Offences committed abroad;
(1) Notice of action against a custom-house
officer for breaking the plaintiff's dwelling-
house in C. Street, in the parish of G., is not a
sufficient notice of the plaintiff's place of abode,
VOL. IV.

within the statutes 23 Geo. III. c. 70. s. 30., and
24 Geo. III. sess. 2. c. 47. s. 35; Williams v.
Burgess, 3 Taunt. 127.

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No. VI.

42 Geo. III

c. 85.

11 & 12 Gul. 3. c. 12.

13 Geo. 3. c. 63.

24 Geo. 3. c. 25.

Offences com

mitted by persons employed in any public service abroad may be prosecuted in the

Court of King's Bench in England; and may be laid in Middlesex, and the

offenders punished as if the

offences had beencommitted

in England, and

also incapacitated.

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and for extending the Provisions of an Act, passed in the twenty-first Year of the Reign of King James, 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.]

WH

VHEREAS persons holding and exercising public employments out of Great Britain often escape punishment for offences committed by them, for want of courts having a sufficient jurisdiction, in or by reason of their departing from the country or place where such 'offences have been committed, 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 have 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 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 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 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 regulation 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 Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, if any person who now is, or heretofore has been, or shall hereafter be employed by or in the service of his Majesty, his heirs or successors, in any civil or military station, office, or capacity out of Great Britain, or shall heretofore have had, held, or exercised, or now has, holds, or exercises, or shall hereafter have, hold, or exercise any public station, office, capacity, or employment, out of Great Britain, shall have committed, or shall commit, or shall have heretofore been, or is, or shall hereafter be guilty of any crime, misdemeanor, or offence, in the execution, or under colour, or in the exercise of any such station, office, capacity, or employment as aforesaid, every such crime, offence, or misdemeanor may be prosecuted or inquired of, and heard and determined in his Majesty's Court of King's Bench here in England, either upon an information exhibited by his Majesty's Attory-general, or upon an indictment found; in which information or indictment such crime, offence, or misdemeanor may be laid and 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 of fence, 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.

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