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Limitation of actions.
Notice;
tender of amends;
venue, &c.
Double costs.
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74. No action, suit, or proceeding shall be commenced or prosecuted against any commissioner or other person or persons for anything done in pursuance of this Act, until after thirty days notice thereof shall be given to such commissioner or other person or persons, nor after a sufficient satisfaction of tender thereof hath been made to the party or parties aggrieved; nor after the expiration of three calendar months next after the fact committed; and every such action, suit, or prosecution shall be laid or brought in the county, county of a city, or county of a town, where the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in every such action, suit, or prosecution, shall and may plead generally not guilty, and 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 authority to this Act; and if any replevin shall be brought for any cattle, goods, or chattels, seized or taken by virtue or in pursuance of this Act, it shall and may be lawful and sufficient to and for the defendant or defendants, or avowant or avowants, in any such replevin to avow, plead, or make cognizance generally that he or they took the same cattle, goods, or chattels as a distress, by force of the statute in that case made and provided, without more particularly setting forth this Act or the cause of making or detaining the said distress, or making any other more special plea, avowry, or cognizance, any thing herein contained to the contrary notwithstanding; and if it shall appear that the matter on which the cause of action arose was done, or the distress replevied made, in pursuance of this Act, or that such action or suit shall have been brought before the expiration of thirty days after notice thereof given as aforesaid, or after sufficient satisfaction made or tendered as aforesaid, or after the time limited for bringing the same as aforesaid, or shall be brought in any other county, county of a city, or country of a town, than as aforesaid, then the jury shall find for the defendant or defendants, avowant or avowants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited or shall discontinue his or their action, suit, or prosecution, after the defendant or defendants shall have appeared, or upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants, avowant or avowants, shall recover double costs, and shall have such remedy for the same as any defendant or defendants hath or have in other cases of costs given by law. [Rep. 5 & 6 Vict. c. 97. s. 2.]
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