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Subject_1 Reparation Subject_2 Slander Subject_3 Privilege Subject_4 Malice — Relevancy — False Charge by Police Constable.
Police — Statute — StatutoryLimitation of Time with in which Action must be Brought — Public Authorities Protection Act 1893 (30 and 57 Vict. cap . 01), sec. 1.
Held (aff. judgment of Lord Ordinary) that the pursuer had averred a relevant case of malice to go to trial.
The Public Authorities Protection Act 1893, sec. 1, provides, inter alia , that any action, prosecution, or other proceeding 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 shall not lie or be instituted unless it is commenced within six months next after the act complained of.
An action of damages was raised against two police constables for falsely and maliciously charging the pursuer with assaulting them and for giving evidence at the trial which led to his conviction and imprisonment. The action was not raised till six months after the event had elapsed.
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