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Suits against the company, or corporation, or officers, before the end of the term next after offence,
laid where office kept,
general issue and special matter in evidence;
treble costs to defendant on verdiet, nonsuit, &c.
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XLIII. And be it further enacted, That if any action or suit shall be brought against the said company of goldsmiths, or against the said corporation at New Geneva, or against any warden or wardens, deputy-warden or deputy-wardens, or assayer or assayers, or any other officer or officers thereof for any thing done in pursuance of this act, the same shall be commenced before the end of the next term after the fact committed, and not afterwards, and shall be laid and brought in the city or place where the assay-office is or shall be kept, whose officer or officers shall be complained of, and not elsewhere; and the defendant or defendants in such action or actions, suit or suits, to be brought or commenced as aforesaid, may plead the general issue, and may give this act, and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance, and by the authority of this act; [Rep. as to Superior Courts, 16 & 17 Vict. c. 113. s. 69.] and that if it shall appear so to be done, or if any such action or suit shall be brought after the time before limited for bringing the same, or shall be brought in any other city or place than as aforesaid, then, and in such case the jury shall find for the defendant or defendants, and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or shall discontinue his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if upon demurrer, judgment shall be given against the plaintiff or plaintiffs, then the defendant or defendants shall and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have for costs of suit in other cases by law. [Rep., 5 & 6 Vict. c. 97. s. 2.]
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