The Scots Law Times Volume 6

The Scots Law Times Volume 6

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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. 1899 edition. Excerpt: ...months from the alleged illegal arrest and conviction. The Magistrates' Committee pleaded that under the statutes constituting their com mittee they were not responsible for the actings of the police, and the pursuer did not maintain the relevancy as against them. On behalf of the constables it was argued that the action was barred by the Public Authorities Protection Act, 1893 (56 & 57 Vict. cap. 61), section 1, which requires that "where any action, prosecution, or proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority," such "action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof." The Lord Ordinary dismissed the action as against the Magistrates' Committee, but held that the application of the statutory limitation pleaded by the constables depended on whether or not they were acting l/ona fide, in the discharge of their duty as constables.-The statute was intended to protect a public officer acting in good faith, although he might have acted under a mistaken view of his duties and powers, or carelessly or rashly, but was not intended to protect an officer who deliberately violated his duty and took advantage of his public position for the purpose of gratifying his private malice. The actual meaning of the words used in the Act was that its provisions were...
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Product details

  • Paperback | 556 pages
  • 189 x 246 x 29mm | 980g
  • United States
  • English
  • black & white illustrations
  • 1236945204
  • 9781236945204