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No plaintiff to recover verdict unless proof is made that notice was given.
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3. And . . . no such plaintiff shall recover any verdict against such justice or governor or deputy governor respectively in any case where the action shall be grounded on any act of the defendant as justice of the peace or governor or deputy governor, unless it is proved upon the trial of such action that such notice was given as aforesaid; but in default thereof, such justice or governor or deputy governor respectively shall recover a verdict and costs as aforesaid.
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