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Amends may be tendered to the party complaining, and not accepted, the tender may be pleaded in bar.
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2. And . . . it shall and may be lawful for such justice of the peace or governor or deputy governor respectively at any time within one calendar month after such notice given as aforesaid to tender amends to the party complaining, or to his or her agent or attorney, and in case the same is not accepted, to plead such tender in bar to any action to be brought against him grounded on such writ or process, together with the plea of not guilty, and any other plea with the leave of the court; and if upon issue joined thereon the jury shall find the amends so tendered to have been sufficient, then they shall give a verdict for the defendant; and in such case or in case the plaintiff shall become non-suit, or shall discontinue his or her action, or in case judgement shall be given for such defendant or defendants upon demurrer, such justice or governor or deputy governor respectively shall be entitled to the like costs as he would have been entitled unto in case he had pleaded the general issue only; and if upon issue so joined the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant or defendants on such other plea or pleas, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, which he or she shall recover, together with his or her costs of suit.
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