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Actions and suits against persons acting in pursuance hereof.
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XLVII. And be it enacted by the authority aforesaid, That no action or suit shall be commenced against any person or persons for any thing done in pursuance of this act, until eight days notice in writing shall be given to the clerk or treasurer to the said commissioners by the plaintiff in such action or suit, nor shall be continued, unless at the peril of the plaintiff, after sufficient satisfaction or tender thereof made to the parties aggrieved, nor shall be instituted or commenced, unless within six months after the fact committed for which such action or suit shall be brought, and every such action shall be brought and tried in the county of the city of Cork, and not elsewhere, and the defendant or defendants in such action or suits, may plead the general issue, and give this act and the special matter in evidence at any trial thereupon, and that the matter or thing for which such action or suit shall be so brought, was done in pursuance and by the authority of this act, and if the same shall appear to have been so done, or if any such suit be brought before eight clear days notice as aforesaid, after sufficient satisfaction be made or tendered as aforesaid, or if such suit be not commenced within the time before limited, or be said in any other county or place than as aforesaid, then the jury shall find for the defendant or defendants, and if there be a verdict for such defendant or defendants, or if the plaintiff or plaintiffs be non-suited, or suffer a discontinuance of his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs by default, or upon any demurrer, judgment shall be so given for the said defendant or defendants in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant now hath for costs in other cases by law.
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