last, his dwelling-house, situate was about the hour of nine in the night of the same day, feloniously and burglariously broken and entered by some person or persons, and that (describe the property stolen) his property were then and there feloniously stolen, taken and carried away, and that he hath just cause to suspect, and doth suspect that C. D. late of aforesaid, labourer, did commit the said felony and burglary, and that E. F. late of aforesaid, labourer, did advise, aid and abet, the said C. D. in the said felony. Sworn, &c. Warrant thereon. To the Constable of A. B. and all other County of York, Her Majesty's Peace Officers within the to wit. said County. Whereas A. B, of“. gentleman, hath this day made oath, before me, W. S., Esq., one of Her Majesty's Justices of the Peace in and for the said County, that (here state the facts as set forth in the information). These are therefore in Her Majesty's name to charge and command you forthwith to apprehend and bring before me the said C. D., and E. F., to answer the said complaint, and to be further dealt with according to Law. Given under my hand and seal this day of 18-. Commitment. County of York, To the Keeper of the Common Gaol to wit. Sof — or his deputy. Receive into your custody the bodies of C. D., and E. F., herewith sent you, brought before me, W. S., Esq., one of Her Majesty's Justices of the Peace in and for the said County, by R. S., Constable of charged upon the oath of A. B., with (here state the offence); and them safely keep in your custody until they shall be discharged by due course of Law. Given under my hand and seal at this day of 18-. Warrant to apprehend an Accessory after the fact, for harbouring the Principal. To the Constable of and all other County of York, Her Majesty's Peace Officers within the to wit. said County. Whereas C. D., of stands charged before me, J. C., Esq., one of Her Majesty's Justices of the Peace in and for the said County, on the oath of A. B., with having (state the offence); and whereas P. Q. hath this day also made oath before me, that T. T., of aforesaid, yeoman, since the said felony and burglary was committed, hath received, harboured and maintained, him the said C. D. in the dwelling-house of him the said T. T., at aforesaid, he the said T. T. well knowing the said C. D. to have committed the said felony and burglary. These are therefore to command you, forthwith to apprehend and bring before me, at this place, the body of the said T. T., to answer to the sad charge, and to be further dealt with according to Law. Given under my hand and seal, at in the said County, this day of 18. ACCIDENT. By 10 and 11 Vic. ch. 61, in case of death by the wrongful act, neglect, or default of any party, such party may be sued for damages by the executor or administrator of the deceased party, and the amount divided among the deceased's wife and family, as the jury by their verdict shall find and direct.-See post title "Luel." ACQUITTAL. And see-AUTREFOIS ACQUIT. An Acquittal is the deliverance and setting free of the accused from the imputation of guilt; as when a prisoner is found by a Jury not guilty of the offence with which he stood charged before them upon his trial.-Deacon's C. Law, 18. Where there is no evidence whatever to affect a party who is unjustly made a defendant with others in a prosecution, the judge may, in his discretion, direct the jury to acquit him in the first instance, and such an acquittal will enable him to give evidence in behalf of the other defendants.-1 Holt. 275; Gil. Ev. 117; Bull N. P. 285. Every prisoner upon his acquittal, it has been said, has an undoubted right to a copy of the record of such acquittal; and after a demand of it has been made of the proper officer, the latter may be punished for refusing to make it out.-R. v. Brangan, 1 Leach, 27. But if there was probable cause for the indictment, or where the acquittal arises from the incompetency of a witness, the court will not then permit the prisoner to have a copy of the indictment.-R. v. Quick, 1 Leach, 28, Note (a); R. v. Bevan, Ibid 1; Ld. Ray., 253. ACTION. No action can be brought against a Justice of the Peace for anything done by him by virtue of his office, until notice in writing of the intended writ or process shall have been delivered to him, or left at his usual place of abode, at least one calendar month before the suing out or serving the same; in which notice shall 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 no tice shall be endorsed the name and place of abode of the plaintiff's attorney or agent.-24 Geo. II. c. 44, § 1. 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, and the month begins with the day on which the notice is served. -3 T. R. 623. 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 act committed, and must be brought in the county where the grievance complained of arose, No action shall be brought against any constable, or any officer acting by his order, for anything done in obedience to any warrant of a Justice, until demand made, or left at his usual place of abode, by the party intending to bring such action, or by his attorney or agent, in writing, signed by the party demanding the same, of a perusal or a copy of the warrant, and that the same hath been refused or neglected for six days after such demand: and if after any demand and compliance, any action shall be brought, with out making the Justice who signed the warrant defendant, on producing and proving such warrant on the trial the jury shall give a verdict for the defendant, notwithstanding any defect of jurisdiction of the Justice; and if such action be brought jointly against the Justice and Constable, &c., on proof of such warrant the jury shall find for the Con stable; and if the verdict shall be given against the Justice, the plaintiff shall recover costs against him, including such Bates v. Walsh, 6 U. C. Q. B. R., p. 498. costs as the plaintiff is likely to pay to the defendant for whom the verdict shall be found. And where the plaintiff in such action against a Justice shall obtain a verdict, and the Judge shall certify on the record that the injury was wilful and malicious, the plaintiff shall have double costs. —24 G. II., c. 44; § 1, 6, 7. It is not necessary in the notice that the attorney's christian name should be written in full, but his residence must be specifically stated.-7 Taunt. 53; 2 Marsh, 367; 3 Bos. and Pull. By the 4 & 5 V. c. 25, § 67, all actions against any person for anything done under this Act shall be laid and tried in the District, County, or place where the fact was committed, and shall be commenced within six calendar months, and not otherwise and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month before such action: the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial thereupon, and no plaintiff shall recover in such action if tender of sufficient amends shall have been made before such action, or if a sufficient sum 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 non-suit 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 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 if a verdict be given for the plaintiff he shall not have costs against the defendant unless the Judge before whom the trial shall be had shall certify his approbation of the action and of the verdict. The 4 & 5 V. c. 26, § 40, contains a similar provision in cases of actions under that Statute. Notice of Action from the Attorney of the Party to a Justice of the Peace, for false Imprisonment. To A. B., one of Her Majesty's Justices of the Peace, acting in and for the County of SIR, I do hereby, as the attorney of C. D., of, gent., give you notice, according to the form of the statute in that case made and provided, that I shall, at or soon after the end of one calendar month from the time of the service of this notice upon you, cause a writ of summons to be sued out of Her Majesty's Court of Queen's Bench* at Toronto against you, at the suit of the said C. D., for false imprisonment; for that you, on or about the day of last, by warrant under your hand and seal, dated the day of, did cause the said C. D. to be apprehended and conveyed to the common gaol of (as the case may be) and to be there imprisoned, and kept and detained there without any reasonable or probable cause for a long time, to wit, for the space then next following. Dated this day of, 18. of Yours, &c., E. F., residing at City of Toronto, Demand on a Constable of perusal and copy of his warrant. I do hereby, as attorney of and for A. B., of, &c., according to the form of the statute in such case made and provided, demand of you the perusal and copy of the warrant, by virtue or under colour whereof, you did, on or about the day of last, apprehend the said A. B., and carry and convey him in custody to and before S. P., Esq., one of Her Majesty's Justices of the Peace in and for the County of Dated, &c. To MR. A. B. Yours, &c., W. T., Attorney for the said A. B. The like on a Gaoler. I do hereby as the attorney for E. F., of -, &c., according to the form of the statute, &c. (as before) demand of you the perusal and copy of the warrant of commitment and detainer under which you received into your custody the said E. F. on or about the day of instant. Dated, &c. Yours, &c., - W. T., Attorney for the said E. F. City of Hamilton. It seems proper that constables should retain their warrants, and not return them to the magistrate, otherwise they cannot comply with the directions of the Act.-(Toone.) • Or Common Pleas. |