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Limitation of actions, &c.
Double costs.
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10. Every action and suit which shall be brought or commenced against any justice or justices of the peace, constable, peace officer, or other person or persons, for any thing done or acted in pursuance of this Act, shall be commenced within three calendar months next after the fact committed, and not afterwards; and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant or defendants in every such suit or action shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon [Rep. 36 & 37 Vict. c. 91. (S.L.R.)]; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have double costs, which he or they shall and may recover in such and in the same manner as any defendant can by law in other cases. [Rep. 5 & 6 Vict. c. 97. s. 2].
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