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Limitation of actions.
General issue.
Tender of amends, &c.
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32. [1]
For the protection of persons acting in the execution of this Act, all actions and prosecutions for damage to be commenced against any person for any thing done in pursuance of this Act . . . shall be commenced within two calendar months after the fact committed, and not otherwise; and notice in writing of such action and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, or in case of any action of replevin may avow generally that the goods and chattels in question were taken under and by virtue of this Act, and may give this Act and the special matter in evidence at the trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought . . .: Provided always, that in all such actions of damages the plaintiff shall be bound to establish, not merely that damages have been suffered by him, but that the same have been wilfully and maliciously caused by the defendant.
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