Page:Ruffhead - The Statutes at Large - vol 7.djvu/409

 A. D. 1751. Anno viceiimo quarto Georgii II. C. 44. 389 CAP. XLIV. An A(5t for the rendering Juftices of the Peace more fafe In the Execution of their OfEcej i e^. 3. c. 16. and for indemnifyins: Conftables and others aclins in Obedience to their Warrants. ^„-^/; 3- "• ^• c. z. 34 £ii. 3. c. I S" 5. iz i?. 2. c. 10. 13 /;, 2. <r. 7. 14/v. 2. f. n. xj R. z. c. g. 2 //. 5. /. (. i. f. 4. 2 /?, 5. 7?,/, 2. c. i. 11 //. 6. c. 6. 14 //. 6. c 4. 18 tf. 6. c. II. I £</. 4. f. 3. I i!. 3. c. 3. 3 H. 7. c. 1. 4 K. 7. c. 12. 6 CFeo. i. c. 2i, 9 Cm. i. c. 7. 5 Geo. a. <:. iS {i? ig. 7 G». 2. c. 10.. 15 Geo. 2, c, 24. 18 G«. 2. c, 20, ' "VT WHEREAS Juftices of the Peace arc difcouraged in the Excecution of their Office by vexa- ' VV tious Adtons brought againft them for or by reafon of fmall and involuntary Errors in their Pro- ' ceedings : And whereas it is necefiary that they fhould be (as far as is confiftent with Juftice, and the ' Safety and Liberty of the Subjedls over whom their Authority extends) rendered fafe in the Execution ' cution of the faid Juiiices of the Peace;' Be it enadted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Par- liament affembled, and by the Authority of the fame. That from and after the twenty-fourth Day of June one thoufand feven hundred and fifty-one, no Writ fhall be fued out againft, nor any Copy of any ^^ frHto b Procefs, at the Suit of a Subjeft, fhall be ferved on any Juflice of the Peace for any Thing by him fucd againft any done in the Execution of his Office, until Notice in Writing of fuch intended Writ or Procefs fhall have Juftice for what be«;n delivered to him, or left at the ufual Place of his Abode, by the Attorney or Agent for the Party *^'= *^'l ''"in the ■who intends to fue or caufe the fame to be fued out or ferved, at leaft one Calendar Month before the officr'^tiUN"' fuing out or ferving the fame; in which Notice fhall be clearly and explicitly contained the Caufe of ti^g „;',,£,„ jj;^"" Aftion which fuch Party hath or claimeth to have againft fuch Juftice of the Peace ; on the Back of ' which Notice fhall be indorfed the Name of fuch Attorney or Agent, together with the Place of his Abode, who fhall be intitled to have the Fee of twenty Shillings for the preparing and. ferving; fuch- ", Notice, and no more. IL And be it further enabled. That it fhall and may be lawful to and for fuch Juftice of the Peace, at he may tender any Time, within one Calendar Month after fuch Notice given as aforefeid, to tender Amends to the Party Amends;— complaining, or to his or her Agent or Attorney; and in cafe the fame is not accepted, to plead fuch and plead the Tender in Bar to any A£tion to be brought againft him, grounded on fuch Writ or Procefs, together with fame in Bar, &c,, the Plea of Not Guilty, and any other Plea with the Leave of the Court ; and if upon Iffue joined thf reon ■^^'*'^ h 1'^ the Jury fhall find the Amends fo tendered to have been fufficient, then they fhall give a VerditSl for the ?'°^ *' '' '■^'- Defendant ; and in fuch Cafe, or in cafe the Plaintiff fhall become nonfuit, or fhall difcontinue his or her " A£tion, or in cafe Judgment fhall be given for fuch Defendant or Defendants upon Demurrer, fuch Juftice fhall be intitled to the like Cofts as he would have been intitled unto, in cafe he had pleaded the General Iffue only; and if upon Iffue fo joined the Jury fhall find that no Amends were tendered, or that the fame were not fufficient, and alfo againft the Defendant or Defendants on fuch other Plea, or Pleas,, then they, fhall give a Verdift for the Plaintift", and fuch Damages as they fhall think proper, whichihe or fhe fliall. recover, together with his or her Cofts of Suit. ni. And be it further ena£ted. That no fuch Plaintiff fliall recover any Verdift againft fuch. Juftice in piaimitFhot to any Cafe where the Aftion fhall be grounded on any A£l of the Defendant, as Juftice of the Peace, unlefs recover without it IS proved upon the Trial of fuch A£tion,. that fuch Notice was given as aforefaid ; but in Default thereof ^™ °'^'"'- fuch Juftice fhall recover a Verdi(3: and Lofts as aforefaid. """' IV. And be it further enabled by the Authority aforefaid. That in cafe fuch; JuftTce fhall negleiSt to Juftice may pay tender any Amends, or fhall have tendered infufficlent Amends, before the Adion brought, it fhall and '"5° 9°"« before may be lawful for him, by Leave of the Court where fuch Aftion fhall depend, at any 1 ime before Iffue sum'as'heftau'^" joined to pay into Court fuch Sum of Money as he fhall fee fit ; whereupon, fuch Proceedings, Orders and tjjink fit.'^ Judgments (hall be had, made and given in and by fuch Court, as in other Adions where the Defendant. is allowed to pay Money into Court. V. And be it further enaded. That no Evidence fhall be permitted to be given by the Plaintiffon the ^^i''=nc= n'« to Trial of any fuch A£tion as aforefaid, of any Caufe of Adionv except fuch as is contained in the Notice ^^ s"™°* ;'".)' V T. J- A J .. u • J- 1- Caufe, but fuch hereby directed to be given. as is contained VI. And be it further enaded by the Authority aforefaid. That from and after thefaid twenty.-fourthin the Notice-. Day of June one thoufand feven hundred and fifty-one, no Adion fhall be brought agninft any Conftable,. Aflion not to be- Headbofough or other Officer, or againft any Perfon orPerfons acting by his Order and in his Aid, for any. brought .igainft thing done in Obedience to any Warrant under the Hand or Seal of any Juftice of the Peace, until De- ^"y. Conftabie mand hath been made or left at the ufual Place of his Abode, by the Party or Parties intending to hring^^^J"^^'" °f^^'- fuch Action, or by his, her or their Attorney or Agent, in Writing, figned by the Party demanding the warrant.'tiij" fame, of the Perufal and Copy of fuch Warrant, and the fame hath been refufed or negle£ted for the Space Demand made of cf fix Days after fuch Demand ; and in cafe after fuch Demand and Compliance therewith, by fliewing the Copy of the the faid Warrant to.^ and permitting a Copy to be taken thereof by the Party demanding, the fame, any^^"™J>J'" Aftion fhall be brought againft fuch Conftable, Headborough or other Officer, or againft fuch Perfon; or^.^," ■* -"■*■' "i Perfons adting in his Aid for any fuch Caufe as aforefaid, without making the Juftice or J.uftices who figned or fealed the faid Warrant, Defendant or Defendants, that on producing and proving fuch Warrant at the Trial of fuch Adion, the Jury fliall give their Verdid for the Defendant or Defendants, notwith- 2 ftanding
 * of the faid Office and Truft : And whereas it is alfo neceflary that the Subjects fhould be protected
 * from all wilful and oppreffive Abufe of the feveral Laws and Statutes committed to the' Care and Exe-