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or the manager, lessee, agent or person in charge of such mill, or any laborer therein, (if the damage occur by reason of the wilful act or neglect of such laborer) shall be responsible and liable to the parties injured for such damage, and a recovery against any of the said parties for such damage shall be an answer and bar to any action for the same damage against any other of the said parties.
CHAPTER 89 PROTECTION OF PERSONS ACTING UNDER ANY ACT OF THE
Section. 1 Sheriffs and other officers of law 2 What shall be a good defence.
not to be subject to any action 3 WhenJustices shall be deemed to
1. All Sheriffs and others,officers of the law, acting under the authority and according to the requirements and directions of any Act passed or to be passed by the Legislature of this Province, or by the Parliament of Canada, shall not be subject to any attachment, action or suit, fine, or imprisonment, for or by reason of any act or thing by them done under and by virtue of any such Act.
2. In any action, suit, or proceeding, either at law or in equity, for, or by reason, or in consequence of, any matter or thing done under and according to the provisions of any Act of the Legislature of this l'roviuce, or of the Parliament of Canada, passed or to be passed, that the same was done under and according to the provisions of said Act or Acts, shall be a good defence to any such action, suit, or proceeding, either at law or in equity, and the subject matter of such defence may be given in evidence under the general issue, or other plea or answer to such action, suit, or proceed. ing, either at law or in equity.
3. Any Justice shall be deemed to have acted within his jurisdiction for the purpose of this Chapter, who acts or has acted within a jurisdiction given or intended to be given by any Act of the Legislature of this Province, or of the Parliament of Canada, whether within or beyond the power of such Legislature or Parliament as the case may be.
THE PROTECTION OF JUSTICES. Section.
Section. 1 Actions against Justices. 7 Prohibited actions, how disposed 2 When no action will lie.
of. 3 When not liable.
8 Notice to Justice, limitation of 4 When not liable for illegality in action, &c. rate.
9 Tender of amends, &c. 5 What Supreme Court may require 10 Proof required of plaintiff. a Justice to do.
11 Plaintiff, when entitled to nominal 6 When not liable on a defective damages only. conviction.
12 When plaintiff shall have costs. 1. Every action against a Justice for any official act within his jurisdiction shall be in tort, and the declaration shall allege that the act was done maliciously, and without reasonable and probable cause ; ifthe plaintiff fail to prove such allegations, the defendant shall have judgment; but in any matter beyond his jurisdiction, such allegations need not be made.
2. If a warrant shall not have been followed by a conviction, or if it be upon a complaint for an alleged indictable offence, and on being summoned the party fail to appear, no action shall be maintained against the Justice for any thing done thereunder.
3. No Justice issuing a warrant bona fide founded on the conviction or order of another Justice, shall be liable for any defect of jurisdiction in the first Justice.
4. When a Justice shall issue an execution for any rate no action shall be brought against him for any illegality or defect therein.
5. If a Justice refuse to do any official act, the Supreme Court or a Judge thereof on affidavit may, by rule or order, require him to perform the same, and no action shall be brought against him for any act done in obedience to such rule or order.
6. When a warrant of distress or commitment shall be granted by a Justice upon a conviction or order, which either before or after granting the warrant shall have been confirmed upon appeal, no action shall be brought against him for any thing done thereunder, by reason of any defect in such conviction or order.
7. The proceedings in any action prohibited by this Chapter may be set aside by a Judge ofthe Court where brought, with or without costs.
8. No action shall be commenced against a Justice for any official act until one month at least after notice in writing of such action served upon him, or left at his usual place of abode, in which the cause of action and the Court in which it is to be brought shall be explicitly stated, and the name and place of abode of the attorney endorsed thereon. Every such action shall be brought within six months next after the cause thereof, and the venue shall be laid and the cause tried in the County where the act was committed ; and the defendant may plead the general issue, and give the special matter in evidence.
9. After notice so given, and before action commenced, the Justice may tender in money to the party complaining, or his attorney, amends for the injury complained of in the notice, and before issue joined, the defendant, if he had not made a tender, or in addition to the tender, may pay money into Court; and the tender or payment into Court, or either of them, may be given in evidence on the trial, under the general issue. The rerdict shall be for the defendant if the jury find the tender, or payment, or both sufficient, and the plaintiff shall not elect to be nonsuit. After satisfying the defendant's costs from the money paid in, the residue (ifany) shall be paid to the plaintiff. If the plaintiff elect to accept the money, the same shall be paid him by the Clerk of such Court, and the defendant shall pay costs, to be taxed, to be enforced by attachment, and the action shall terminate.
10. Ifon the trial of any action, the plaintiff shall not prove the action brought, notice thereof given within the time limited in that behalf, the cause of action stated in the notice, and that it arose in the County where brought, he shall be nonsuit, or the verdict may be for the defendant.
11. Where the plaintiff shall be entitled to recover in any action against a Justice, he shall not have a verdict for any damages beyond two cents, or any costs of suit, if it shall be proved that he was guilty of the offence of which he was convicted, or was liable for the sum he was ordered to pay, . or had undergone no greater punishment than that assigned by law for the offence of which he was convicted, or for the non-payment of the sum he was ordered to pay.
12. If the plaintiff recover a verdict or obtain a judgment by default, he shall recover costs.
THE PROTECTION OF CONSTABLES. Section.
Section. 1 What necessary before action 3 Limitation of artion. brought.
4 What constable may pleail. 2 When defendant shall have judg.
1. Before any action shall be brought against a Constable or other officer, or person acting in his aid, for any thing done in obedience to a warrant of a Justice, a demand in writing of the perusal and copy of such warrant, signed by the person making the same, shall be served upon him personally, or left at his usual place of abode for the space of six days.
2. If after such demand, and a compliance therewith, an action be brought against any such person, without making the Justice a party thereto, on the proof of such warrant upon the trial, judgment shall be given for the defendant notwithstanding any want of jurisdiction in the Justice. If the action be brought against any such person jointly with the Justice, then on proof of such warrant, judgment shall be given for the Constable.
3. No action shall be brought against any such person unless the same be commenced within six months next after the cause of action.
4. In an action brought against any such person for any thing done in the discharge of the duties of his office, such person may plead the general issue, and give the special matter in evidence.
CHAPTER 92 DESERTERS FROM HER MAJESTY'S FORCES. Deserters may be committed to prison on Justice's Warrant. The keeper of any gaol shall be and is hereby authorized and required to receive any Deserter into his custody without fee or reward, whether conveyed under warrant from a Justice of the Peace, or under military escort by order of the Commandant of any garrison in this Province.
PHYSICIANS AND SURGEONS. Section.
Section. I Who may practice Physic or Sur. 3 This Chapter shall not extend to gery.
Naval or Military Practitioners. 2 Persons duly qualified may recoy. 4 Persons at present authorized to er for their services.
practice may continue to practice. 1. No person shall practice Physic or Surgery within this Province, or demand or receive any fee or reward for the cure of any disease, or the performance of any surgical operation, unless he shall have obtained a Diploma from some College or other public Institution of Great Britain, Ireland, Canada, or other British Colonies, or any Country in Europe, or the United States of America, authorized to grant the same, unless he shall have been carefully examined by competent judges appointed by the Governor in Council, and upon their report have received a License from the Governor for that purpose.
2. Every person qualified as aforesaid shall be entitled to demand, sue for and recover reasonable and customary fees for his services, and payment for medicines by him furnished in the course of his practice in the capacity either of a Phyo sician or Surgeon.
3. Nothing in this Chapter shall extend to any Physician or Surgeon appointed by Commission or Warrant to serve in the Royal Nary, or in any Garrison or Military Corps being within the limits of this Province.
4. Any person who, prior to the coming into force of this Chapter, by law had obtained or had a right to practice Physic or Surgery in this Province, is hereby authorized to continue such practice, and to have all the rights and privileges of persons having a Diploma according to the first Section of this Chapter
LICENSING OF AUCTIONEERS. 1 Duties or. Auction sales ; excep. 5 Receiver General to keep a book tions.
of entries of Auction Duties. 2 Auctioneers to be licensed, and 6 Licensed Auctioneers to pay for give bond.
Licenses. Penalty for non3 Penalty for selling without liceuse. payment. 4 Account of sales, to whom ren 7 Recovery of penalties. dered.