|
|
No action shall be brought against constables, &c. for any thing done under a warrant of a justice, &c., unless demand for inspection, &c. of the warrant shall have been refused for six days.
If demand be complied with, the constable, &c. shall have a verdict not-withstanding any defect of jurisdiction in the justice, &c.
|
6. And . . . from and after the said first day of August no action shall be brought against any constable or other officer in Ireland, or against any person or persons acting by his order and in his aid, for anything done in obedience to any warrant under the hand or hand and seal of any justice of the peace or governor or deputy governor of any county or place in Ireland, 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 signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six 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 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 or governors or deputy governors respectively who signed or sealed the said warrant, defendant or defendants therein, 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 or governors or deputy governors respectively; and if such action be brought jointly against such justice or justices or governors or deputy governors respectively, and also against such constable or other officer or person acting in his or their aid as aforesaid, then on proof of such warrant the jury shall find for such constable or other officer, and for such person or persons so acting as aforesaid, notwithstanding such defect of jurisdiction as aforesaid; and if the verdict shall be given against such justice or justices or governors or deputy governors respectively, 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 plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid: Provided always, that where the plaintiff in any such action against any such justice of the peace or governor or deputy governor respectively shall obtain a verdict, in cause the judge before whom the case shall be tried shall in open court certify on the back of the record that the injury for which such action was brought was wilfully and maliciously committed, the plaintiff shall be entitled to have and receive double costs of suit. [Rep. 5 & 6 Vict. c. 97. s. 2.]
|
