CH. I. at two years for anything done under local and personal PART IX. Acts (1). After the passing of the local Act in question the Public Health Act, 1875 (2), was passed, sect. 144 of which enacts that corporations should within their district execute the office of and be subject to all the powers, authorities, and liabilities of surveyors of highways under the law for the time being in force; by sect. 264 the period of limitations governing actions for things done under the provisions of the Act is six months; sect. 340 enacts that, where within the district of a local authority any local Act is in force providing for purposes the same as or similar to the purposes of the Public Health Act, 1875, proceedings might be instituted at the discretion of the authority or person instituting the same under the local Act or the Public Health Act, 1875, or both; by sect. 341 all powers given by the Public Health Act, 1875, are to be deemed to be in addition to and not in derogation of any other powers conferred by Act of Parliament, and such other powers may be executed in the same manner as if the Public Health Act, 1875, had not been passed. Cave, J., held that 5 & 6 Vict. c. 97, s. 5 did not apply, and that the corporation, in acting as surveyors of highways, were acting under the Highway Act, 1835, and that sect. 341 of the Public Health Act, 1875, enabled them to act under the Highway Act, 1835, instead of under the Public Health Act, 1875, and that, in the absence of proof that they were acting under the later Act, the period of limitation was three months under the Highway Act, 1835, and not six months under the Public Health Act, 1875. In Kay v. Atherton Local Board (3), an action was brought against an urban sanitary authority to recover damages for injuries caused by the defendants, who, while repaving a road, left a heap of stones insufficiently (1) See post, p. 588. CH. I. PARTIX. lighted; Kelly, C.B. and Cleasby, B., held that, although the defendants were constituted surveyors of highways by the Public Health Act, 1875, yet, as they derived their powers as surveyors from the Public Health Act, they were acting under the Public Health Act, 1875, and that the period of limitation was six months and not three. The three last-mentioned cases came under review in the Court of Appeal in Graham v. Mayor, &c., of Newcastleupon-Tyne (1) and the Court of Appeal held, following Burton v. Mayor, &c., of Salford, and overruling Taylor v. Meltham Local Board, and Kay v. Atherton Local Board, that, in respect of acts done by a local authority as surveyors of highways, they are governed by and entitled to the limitation of the Highway Act, 1835. Distress for church rates. County Customs The Act 53 Geo. III. c. 127, giving amongst other things power to distrain for church rates, provided that every action or suit for anything done in pursuance of that Act should be commenced within three calendar months next after the fact committed, and not after (2). Where an irregular distress was made under this Act, it was held in an action of trespass that the three months ran from the sale and not from the seizure (3). This section is repealed by 36 & 37 Vict. c. 91, except as to any rate the payment of which may still be enforced by process of law. By the County Rate Act (4), it is provided that no action or suit shall be brought, commenced, or prosecuted against any person or persons for anything done or to be done by virtue of or in pursuance of the Act, after three calendar months next after the fact committed. By the Customs Consolidation Act, 1876 (5), as (1) (1893), 1 Q. B. 643. (2) Sect. 12. (3) Collins v. Rose, 5 M. & W. 194, distinguishing Godin v. Ferris, 2 H. Bl. 14, Crook v. McTavish, 1 Bingh. 167; and Saunders v. Saunders, 2 East, 254. (4) 15 & 16 Vict. c. 81, s. 44. CH. 1. amended by the Customs, Inland Revenue and Savings PART IX, Banks Act, 1877 (1), every action against any officer and person therein mentioned for anything done in the execution of or by reason of his office, shall be commenced within two months next after the cause of action shall have arisen. ment Act. By the Taxes Management Act, 1880 (2), an action Taxes against a commissioner, sheriff, sheriff deputy or sub- Managestitute, clerk, surveyor, assessor, or collector, who shall act or be employed in the execution of that Act, the Tax Acts or Land Tax Acts, for anything done in pursuance of any of such Acts, must be commenced within six months next after the fact committed. Revenue By the Inland Revenue Regulation Act, 1890 (3), an Inland action against any commissioner, collector, or officer or person employed in relation to inland revenue, or against Act, 1890. any person acting in the aid and assistance of any such commissioner, &c., must be commenced within three months next after the cause of action arose. Local Courts. By 7 Vict. c. 19, s. 8, all actions against any bailiff of Bailiffs of such inferior courts as are therein referred to for anything done in pursuance of his duty as bailiff, or for any grievance, nonfeazance or misfeazance as therein mentioned, must be commenced within three months after the fact committed. Act, 1888. By the County Courts Act, 1888 (4), all actions and County prosecutions to be commenced against any person for Courts anything done in pursuance of the Act shall be commenced within three months after the fact committed. By the Poor Laws Amendment Act, 1834 (5), no action Poor Laws against any commissioner, assistant commissioner, or any other person for anything done in pursuance of or under the authority of the Act shall be commenced after (1) 40 Vict. c. 13, s. 4. (2) 43 & 44 Vict. c. 19, s. 20. Amendment Act. PART IX. three months next after the act committed for which the action is brought. CH. I. Game Act, 1831. Cruelty to Animals Act, 1849. Larceny Contagious Anatomy Act, 1832. By the Game Act, 1831 (1), all actions and prosecutions to be commenced against any person for anything done in pursuance of the Act shall be commenced within six calendar months after the fact committed. By the Cruelty to Animals Act, 1849 (2), no action shall be commenced against any justice or other person for anything done in pursuance or under the authority of that Act, unless commenced within six months after the fact committed. By the Larceny Act, 1861 (3), the Malicious Injuries to Property Act, 1861 (4), and the Coinage Offences Act 1861 (5), all actions and prosecutions against any person, for anything done in pursuance of any of those Acts, must be commenced within six months after the fact committed. By the Contagious Diseases (Animals) Act, 1878 (6), an action, prosecution or proceeding against a local authority, or an inspector or officer of the Privy Council or of a local authority, for any act done in pursuance or execution or intended execution of the Act, or of an Order in Council or regulation of a local authority, or in respect of any alleged neglect or default in the execution of the Act, or of such an order or regulation, must be commenced within four months after the act, neglect or default complained of; or in case of a continuance of injury or damage, within four months after the ceasing thereof. By the Anatomy Act, 1832 (7), any action or suit against any person for anything done in pursuance of the Act must be commenced within six calendar months next after the cause of action accrued. (1) 1 & 2 Wm. IV. c. 32, s. 47. CH. I. By the Prison Act, 1865 (1), all actions, suits and PART IX. prosecutions commenced against any person for anything done in pursuance of the Act must be commenced Prison Act, within six calendar months after the committal thereof. 1865. Act, 1842. By the Copyright Act, 1842 (2), all actions, suits, bills, Copyright indictments or informations for any offence committed against the Act, must be brought, sued and commenced within twelve calendar months next after the offence committed. 1881. By the Army Act, 1881 (3) (which is annually Army Act, renewed), any action, prosecution or proceeding against any person for any act done in pursuance or execution or intended execution of the Act or in respect of any alleged neglect or default in the execution of the Act, must be commenced within twelve calendar months next after the act, neglect or default complained of; or in case of a continuance of injury or damage, within twelve months next after the ceasing thereof. Jurisdic By the Foreign Jurisdiction Act, 1878 (4), an action, Foreign suit, prosecution or other proceeding against any person tion Act, for any act done in pursuance or execution or intended 1878. execution of the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, or of any Order in Council made under them, or of any such power or jurisdiction of Her Majesty as is mentioned in them or any of them, or in respect of any alleged neglect or default in the execution of the said Acts or any of them, must, if brought in any court within Her Majesty's dominions, be commenced within six months after the act, neglect or default complained of; or in case of a continuance of injury or damage, within six months after the ceasing thereof; or when the cause of action arises out of Her Majesty's dominions, within six months after the parties to such action, suit, prose (1) 28 & 29 Vict. c. 126, s. 50. |