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Notice and limitation of actions.
Venue.
General issue.
Treble costs.
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89. No action or suit shall be commenced against any person or persons, for any thing done by virtue of or in pursuance of this Act, until twenty days notice thereof in writing shall have been given to the secretary for the time being of the said commissioners, nor after a sufficient satisfaction, or a tender thereof, hath been made to the party or parties aggrieved, nor after six months next after the fact committed; and such action shall be brought in the said Court of Exchequer in Ireland, and shall be laid in the city of Dublin, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, 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 the authority of this Act; and if the same shall appear to be so done, or if such action or suit shall be brought after the time herein-before limited for bringing the same, or shall be brought without twenty-one days notice thereof, or shall be brought in any other county or place, or after a sufficient satisfaction made or tendered as aforesaid, that then the jury shall find for the defendant or defendant; or if the plaintiff or plaintiffs shall become nonsuited or suffer a discontinuance of his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath or have for costs of suit in any other cases by law. [Rep 5 & 6 Vict. c. 97. s. 2.]
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