Constables Protection Act

CHAPTER 88

OF THE

REVISED STATUTES, 1989

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting the Protection
of Constables and Other Officers

Short title

1 This Act may be cited as the Constables Protection Act. R.S., c. 88, s. 1.

Interpretation

2 In this Act,

(a) "constable" means a constable or police or other officer and any person acting in his aid;

(b) "justice" means a justice of the peace and any other person having by law authority to issue a warrant or other process commanding a constable to perform any duty specified therein. R.S., c. 88, s. 2.

Prerequisite to bringing action

3 Before any action is brought against a constable for anything done in obedience to a warrant or other process under the hand and seal of a justice, a demand in writing of the perusal and copy of the warrant, signed by the person making the same, shall be served upon him personally or left at his usual place of abode for the space of six days. R.S., c. 88, s. 3.

Judgment for defendant

4 (1) If after such demand and a compliance therewith an action is brought against the constable without making the justice a party thereto, on the proof of the warrant or other process upon the trial, judgment shall be given for the defendant, notwithstanding any want of jurisdiction in the justice.

Judgment and costs in joint action

(2) If the action is brought against the constable jointly with the justice, then, on proof of the warrant or other process, judgment shall be given for the constable, and, if judgment is given against the justice with costs, the costs of the constable shall be paid to him by the justice directly. R.S., c. 88, s. 4.

Limitation period

5 No action shall be brought against any constable unless it is commenced within six months after the cause of action has accrued. R.S., c. 88, s. 5.

[home] [up]

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Created September 1, 1998. Send comments to legc.office@gov.ns.ca.