The Magistrate's Manual

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ACTION. No action can be brought against a justice of the peace for any thing done by him by virtue of his office, until notice in writing of such intended writ or process shall have been delivered to him, or left at his usual place of abode, or served at least one calendar month before the suing out or...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ACTION. No action can be brought against a justice of the peace for any thing done by him by virtue of his office, until notice in writing of such intended writ or process shall have been delivered to him, or left at his usual place of abode, or served at least one calendar month before the suing out or serving the same, in which notice must be clearly and explicitly contained the cause of action which the party suing claims to have against such justice; and on the back of such notice shall be indorsed the name and place, of abode of the plaintiff's attorney or agent, 24 Geo. II. c. 44, s. I. Although personal service of the notice is to be preferred, yet it has been determined, 4 T. R. 40'5, that leaving it at the dwelling house is sufficient. The party may give the notice in his own name, or in the name of his attorney; but the particular writ intended to be issued must be stated, and it must be served one full calendar month previous to such writ being issued. It is necessary to be particular in describing the offence, as no evidence can be given by the plaintiff of any cause of action, except such as is contained in the notice; a general notice of an action for an assault and false imprisonment is bad, 7 T. R. 631. The action must be commenced within six calendar months after the actcommitted, and must be brought in the county where the grievance complained of arose. It has been held that an action of replevin for goods taken by a parish officer under warrant of distress, is not such an action as requires previous notice under the act to be given to the party. East. Rep. 283. No action shall be brought against any constable, or any officer acting by his order, for any thing done in obedience to any warrant of a justice, until demand made or left at his usual place of...