Page:Halsbury Laws of England v1 1907.pdf/246

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Action.

24 Sect.

3.

Demand

or

Request Agreement requiring

formal

demand.

of

them, so dealt with them as to have *' converted " them to his use, then the plaintiff may sue him for the conversion without

own

proof of any

demand

(s).

Apart also from these statutory or common law requirements, parties may by agreement provide for a formal demand in such a case an action brought without a previous demand will be premature (t).

The

necessity for a

demand

in actions for the recovery of land

and double value is discussed in a later volume of this work («). As to the necessity for demanding inspection of the warrant under which a constable has acted before commencing an action against

him

in respect of his acts thereunder, see p. 26, post.

Sect. Notice required by statute.

Length

of

notice.

Public Authorities Protection Act, 1893.

4.

Notice of Actioji.

33. In numerous statutes, both public general and local and personal, there are provisions requiring a plaintiff, before commencing his action, to give notice thereof to persons whom he intends to sue in respect of any act, neglect, or default committed by them in execution or purported execution of the particular statute. At the present date, in considering how far provisions of this nature are still applicable, it is necessary to bear in mind two statutes of a general character, viz. ''Pollock's" Act, 1842 (Z>), and the Public Authorities Protection Act, 1893 (c). The Act of 1842 provides that in all cases where notice of action is required such notice shall be given one calendar month at least before any action shall be commenced ; and such notice shall be sufficient, any Act or Acts to the contrary notwithstanding {cl). The Act of 1893 applies to any action, prosecution, or other proceeding against any person for any act done in pursuance or execution or intended execution of any Act of Parliament, or of any pubhc duty or authority, or in respect of any alleged neglect or default in the execution of any such act, duty, or authority (e) and it repeals so much of any public general Act as requires notice of action to be given in any proceeding to which it (the Act of 1893) applies (/). It follows, therefore, that for the purpose of determining whether any (and if so what) notice is now required by any particular statute proceedings must be divided into the following classes (1) Proceedings arising out of a statute not being a public general statute. In this case reference must be made to the statute itself

(s)

Bank

See cases cited in note

Midland Conversion. {t)

&

v.

Rail.

[r), p.

BirksY. Triplet (1666),

23, supra, and Bristol and West of England 2 Q. B. 653. See title Tegver and

[1891]

Co., 1

Saund. 32; SicJclemore

v. Thistleton (1817),

6

M.

S. 9.

See title Landlord and Tenant. Limitations of Actions and Costs Act, 1842 (5 & 6 Yict. c. 97), as amended by the Statute Law Revision Act, 1890 (No. 2) (53 & 54 Yict. c. 51), Schedule, Part II. (c) 56 & 57 Yict. c. 61. a) b)

{d) Sect. 4. (e)

Sect. 1.

Eor a full treatment

of this subject, see title

Public Authorities

AND Public Officers. .

(/) Public Authorities Protection Act, 1893 (56

&

57 Yict.

c.

61),

s.

2.