Reports of Cases Volume 24

Reports of Cases Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...right to cause the execution to be issued for non-payment of the rate. We do not think this direction can be complained of, according to the case of 6'hainbe1-lain v. King, though it differed from what was formerly considered to be the proper direction; and we think there was evidence to justify the jury in finding that facts existed, to the knowledge of the defendant, which warranted a bona, fide belief on his part, that the plaintiff was liable to pay the tax, and that he, as Secretary to the Trustees, had a right to demand payment of it, and to cause the execution to be issued on the plaintifi"s refusal to pay. It may be, that, the assessment was irregularly made, or, that the plaintiff was not liable to be assessed at all; but these are not the questions on which the right to notice of action depends. If the defendant honestly believed that in doing as he did, he was discharging his duty under the School Law, he Was entitled to the protection given by the 81st section, though his acts were illegal. Selmes v. Judge (1). 1884. The words of that section are " anything done by virtue Of the 'oflice of Secretary." This means, anything done by the defendant in the rea.sonablebelief that he was pursuing the directions of the Act. The protection is required by One who acts illegally, but under the belief that he was doing rightWhat the defendant did, was by virtue of the office of Secretary, as he believed, though he may have acted illegally; and that is just the case in which he is entitled to the protection of 8notice, to enable him to tender amends for his illegal act. See Sumner v. lliclllonagle (1). _ Where a power of attorney authorizes an agent to do a particular act, and ""3 is followed by general words, more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236870808
  • 9781236870803