ORDINANCE No. 10 OF 1844. 29
Justices ofthe Peace -Summary Jurisdiction.
satisfaction for the special damage, if any, by an action on the case, and
in all cases whatsoever, reg: rd shall be had alone to the substantial
merits and justice of the case.
13. And for the protection of Justices, and others acting under Protection of
Justices.
their authority, be it enacted, that all actions and prosecutions to be com
menced against any Justice, or person acting under his authority, shall be
commenced within six months after the fact committed , and not other
wise ; and notice in writing of such action , and of the cause thereof, shall
be given to the defendant, one month at least before the commencement
of the action , and in any such action , the defendant, may plead the general
issue, and give any statute, or ordinance, and the special matter in evidence.
at any trial to be had thereupon, and no plaintiff shall recover in any such
action , if tender of sufficient amends shall have been made before such
action brought, or if a suflicient sum of money shall have been paid into
Court, after such action brought by, or on behalf of the defendant, and if
a verdict shall pass for the defendant , or 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
plaintiff 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.
14. And be it enacted, that no action or suit shall be brought or Action
against Jus
instituted against any Justice of the Peace, for or on account of any con tices.
viction 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