such plaintiff shall be entitled to costs in such Sect. 14. manner as if this Act had not been passed; or if in such case it be stated in the declaration, or in the summons and particulars in the county court if he sue in that court, that the act complained of was done maliciously and without reasonable and probable cause, the plaintiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit, to be taxed as between attorney and client; and in every action against a justice of the peace for anything done by him in the execution of his office the defendant, if he obtain judgment upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf, to be taxed as between attorney and client. Act. 15. And be it enacted, that this Act shall extend Extent of only to England and Wales and the town of Berwickupon-Tweed. With regard to the town of Berwick-upon-Tweed, see notes to 11 & 12 Vict. c. 42, s. 32, post, and 11 & 12 Vict. c. 43, 8. 37, ante p. 91. apply to protected repealed 18. And be it enacted, that this Act shall apply Act to for the protection of all persons for anything done persons in the execution of their office in all cases in which, by the by the provisions of any Act or Acts of parliament, statutes. the several statutes or parts of statutes herein before mentioned and by this Act repealed would have been applicable if this Act had not passed. Note that sections 16, 17 and 19 of this Act were repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). THE REVIEW OF JUSTICES DECISIONS ACT, 1872. 35 & 36 VICT. CAP. 26. An Act to amend the practice of the Courts of Law with respect to the Review of the Decisions of Jus[18th July, 1872.] tices. WHEREAS ex parte proceedings are frequently taken in the superior courts of common law at Westminster to bring under review the decisions of justices of the peace acting both in and out of sessions, and there is no fund at the disposal of such justices to defray the expense of appearing by counsel to support their decisions: And whereas it is expedient that such justices should, without expense to themselves, have an opportunity in such cases of informing the court of the grounds of their decision, and of all material facts bearing upon the same: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Review of Sect. 1. Justices Decisions Act, 1872." Short title. when his called in 2. Whenever the decision of any justice or jus- Justice, tices is called in question in any superior court of decision is common law by a rule to show cause or other process issued upon an ex parte application, it shall lawful for any such justice to make and file in such be facts any question in a superior court, may fille affidavit showing his decision without payment of court an affidavit setting forth the grounds of the grounds of decision so brought under the review, and which he may consider to have a material bearing fee. upon the question at issue, without being required to pay any fee in respect of filing such affidavit or any stamp duty thereupon, and such affidavit may be sworn before a commissioner authorized to take oaths in Chancery, and may be forwarded by post to one of the masters of the court for the purpose of being so filed. See 11 & 12 Vict. c. 44, s. 5, ante, p. 134. take into 3. Whenever any such affidavit has been filed as Court to aforesaid, the court shall, before making the rule consideraabsolute against the justice or justices, or otherwise ters condetermining the matter so as to overrule or set aside tion mat tained in affidavit notwithstanding ance of the acts or decisions of the justice or justices to which the application relates, take into considera- non-appeartion the matters set forth in such affidavit, notwith- counsel in standing that no counsel appear on behalf of the said justices. support. STATEMENT OF CASE BY JUSTICES FOR Interpreta tion of terms. 20 & 21 VICT. CAP. 43. An Act to improve the Administration of the Law so WHEREAS it is expedient that provision should be made for obtaining the opinion of a superior court on questions of law which arise in the exercise of summary jurisdiction by justices of the peace: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows: 1. In the interpretation and for the purposes of this Act, the following words shall have the meanhereinafter assigned to them; that is to say, 66 Superior courts of law" shall for England mean the supreme courts of law at Westminster, and for Ireland the supreme courts at law at Sect. 1. Dublin: "Court of Queen's Bench" shall mean for England the Court of Queen's Bench at Westminster, and for Ireland the Court of Queen's Bench at Dublin. case for the courts. 2. After the hearing and determination by a jus- Justices, on application tice or justices of the peace of any information or of a party aggrieved, complaint which he or they have power to determine to state a in a summary way, by any law now in force or pinion of hereafter to be made, either party to the proceeding superior before the said justice or justices may, if dissatisfied with the said determination as being erroneous in point of law, apply in writing within three days after the same to the said justice or justices, to state and sign a case setting forth the facts and the grounds of such determination, for the opinion thereon of one of the superior courts of law to be named by the party applying; and such party, hereinafter called "the appellant," shall, within three days after receiving such case, transmit the same to the court named in his application, first giving notice in writing of such appeal, with a copy of the case so stated and signed, to the other party to the proceeding in which the determination was given, hereinafter called "the respondent." case. This and 42 & 43 Vict. c. 49, s. 33, post, p. 238, are most use- Justices ful enactments; but justices should not grant a case for the granting opinion of the court when the application appears to them to be frivolous. A case ought not to be granted unless some doubtful point of law has been raised fit to be referred to the superior court; and it should be borne in mind that the court has no jurisdiction to say anything but whether |