7° VICTORIE.- No. 10 OF 1844.
27
the Plaintiff shall become Nonsuit, or discontinue any such
Action after Issue joined, or if, upon Demurrer or otherwise,
Judgment shall be given against the Plaintiff, the Defendant shall
recover his full Costs, as between Attorney and Client, and have the
like Remedy for the same as any Defendant hath by Law in other
Cases ; and though a Verdict shall be given for the Plaintiff in any
such Action, such Plaintff shall not have Costs against the Defendant,
unless the Judge before whom the (Trial shall be, shall certify his
Approbation of the Action, and of the Verdict obtained thereon.
XIV. And be it enacted, That no Action or Suit shall be brought tices.
Action against Jus-
or instituted against any Justice of the Peace, for or on Account of
any Conviction of any Person or Persons whatever, by reason of any
thing done, or commanded to be done, by such Justice, in or about the
levying of any Penalty, apprehending any Party, or for or about the
carrying of such Conviction into full Effect, except and unless the
Justice by or before whom such Conviction shall have been made,
shall have convicted such Person of some Offence not punishable on
Summary Conviction, by virtue of any Statute, Law, or Ordinance,
or unless such Justice shall have convicted such Person in some
Penalty, either Pecuniary or otherwise, not authorized to be imposed
on the Offence or Offences of which such Offender shall or may have
been Guilty, or unless it shall be expressly alleged in the Bill of
Complaint, Plaint, or Declaration in such Action, and proved on the
Trial of such Cause, that such Acts were done maliciously and without
probable Cause.
XV. And be it enacted, That no Action or Suit shall be brought secutor.
Action against Pro-
against any Person or Persons by whom, or on whose Account, any
Information shall have been laid or exhibited before any Justice of the
Peace, and by such Justice or Justices received, for or on account of
such Information, or for or on account of any Matter or Thing done
under or in Pursuance of such Information, unless it shall be
expressly alleged in the Bill of Complaint, Plaint, or Declaration of
such Action, and proved on the Trial of such Cause, that such Infor-
mation was laid and exhibited maliciously, and without probable
Cause.
XVI. And be it enacted, If any Question shall arise as to the Government Notifi-
cation sufficient Proof
Right of any Person to exercise the Office of a Justice of the Peace, of Right to exercise
that a Government Notification in any public Newspaper, to the Office Peace. of Justice of the
Effect that such Person has taken the Oaths as a Justice of the Peace,
shall (in the Absence of express Proof that such Notification was
unauthorized) be deemed and held sufficient Proof of such Right in
all Proceedings whatsoever, and it shall not be necessary to pro-
duce any Commission , Appointment, or any Oath, Affidavit, or other
Document, in Proof of such Right as aforesaid.
XVII. And be it enacted, That it shall be lawful for His Excel- Governor to autho-
rise Fees to be taken
lency the Governor in Council, to authorize the taking of such Fees, by Justice.
in any Proceedings before any Justice, as may be deemed expedient ;
and it shall be lawful for any Justice to refuse to do any Act for
which any Fee shall be demandable, unless such Fee shall be first
paid ; and that if any such Act shall be done, and the Fee due thereon
shall not be paid, it shall be lawful for any Justice of the Peace to
summon