High Court of Australia
een 6 errata dae tee BAG RA 1
58 C.L.R.] OF AUSTRALIA. [HIGH COURT OF AUSTRALIA.] HAMILTON . ' f : 4 - APPELLANT ; PLAINTIFF, AND HALESWORTH . i ResponpeEnt. DerreNDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Police Offences—Limitation of actions—Arrest by special constable "in pursuance of" Police Offences Act—Period within which action may be commenced—Different periods prescribed in different statutes—Bona fides of special constable—Burden of proof of mala fides—Police Offences Act 1901-1936 (N.S.W.) (No. 5 of 1901—
No. 30 of 1936), secs. 101 (1a), 103, 114*—Crimes Act 1900-1929 (N.S. W.) (No, Nov. 3
40 of 1900—No. 39 of 1929), secs, 352, 520, 563.*
See. 101 of the Police Offences Act 1901-1936 (N.S.W.) provides for the appointment of special constables. Sec. 103 of that Act enacts that "every special constable appointed under this Act shall have, exercise, and enjoy all such powers, authorities, advantages, and immunities stable duly appointed now has by virtue of the common law, or of any Act
as any con-
or Imperial Act."
Held that in exercising the power of arrest conferred upon constables by sec. 352 of the Crimes Act 1900-1929 (N.S.W.) a special constable appointed under the Police Offences Act 1901-1936 (N.S.W.) acts in pursuance of the Police Offences Act and is, therefore, entitled to the protection of sec. 114 thereof.
See. 563 (1) of the Crimes Act 1900-
*Sec. 114 (1) of the Police Offences 1929 (N.S.W.) provides: ' All actions
Act 1901-1936 (N.S.W.) provides : '* All
actions to be commenced against any person for anything done in pursuance of this Act shall be commenced within two months after the act was com- mitted."
against any person, for anything done, or reasonably supposed to have been done in pursuance of this Act, shall be commenced within six months after the fact committed "
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