— Part TV.
— Conditions
Precedent to Action.
23
Sect. 2. action. Thus under the Public Health Act, 1875 (/), a plaintiff not Consent, being either a party aggrieved" or the local authority of the district, or (in certain cases) of an adjoining district, must obtain the consent of the Attorney-General before commencing proceedings Under such cirfor the recovery of any penalty under that Act. cumstances it has been held that a plaintiff must allege in his pleading that he has obtained the necessary consent, since upon it depends his title to sue (g). Again, in proceedings falling within s. 17 of the Charitable Under Trusts Act, 1853 (h), the leave of the Charity Commissioners must Charitable Trusts Act In this case, however, the Court may allow the con- i853_ be obtained. sent to be applied for even after the action has been commenced (i). The section applies to any suit, petition, or other proceeding for obtaining any relief, order, or direction concerning or relating to any charity, or the funds, property, or income thereof (k). '
Sect.
3.
Demand
or Request.
32. In certain cases before a plaintiff can maintain an action for Amount
of
deliver a bill or make a demand. solicitor's costs. Thus a solicitor must have delivered his bill of costs one month at least before he commences an action for the amount (1). In an action on a promissory note payable " on demand," a Negotiable
money
or for goods, he
must
demand
(other than that implied in the issuing of the writ) need not but presentment (n) of a bill of exchange be alleged or proved (m) is ordinarily (0) necessary in order to charge the drawer or an indorsee, and also in order to charge the acceptor, where the bill is made payable only at a particular place " and not elsewhere." A previous demand is necessary where a plaintiff seeks to recover money paid by him under a mistake of fact (p). A demand and refusal of goods is evidence of their conversion (g), and is the ordinary evidence of their detention. Indeed, a demand would appear to be necessary before commencing an action of detinue (r), although, of course, if the plaintiff, without proving an actual demand and refusal, show that the defendant has, by his mode of originally obtaining the goods or by his conduct in respect
instruments.
& 39 Vict. c. 55, s. 253. Hollis V. Marshall (1858), 2 H.
(/) 38 ig) it,
though possibly E. (A) (?:)
S.
C, Ord.
& N.
19, r. 14,
755 and it is still advisable to plead has rendered it unnecessary to do so.
16 & 17 Yict. c. 137. Rendall v. Blair (1890), 45 Ch. D. 139. As to what actions fall within these words, see Fisher v. Jackson, [18911 ^
{k)
2 Ch. 84. (/) Solicitors Act. 1843 (6 & 7 Vict. c. 73), s. 37. See title Solicitors, (to) Rmiiball V. Ball (1714), 10 Mod. Eep. 38. (n) Roiue v. Young (1820), 2 B. & B. 165 ; Bills of Exchange Act, 1882 (45 46 Vict. c. 61), ss. 19(2), 52(1).
As
&
excusing presentment, see Bills of Exchange Act, See title Bills of Exchange etc. [p) Freeman v. Jeffries (1869), L. R. 4 Ex. 189. FhilpoU v. Kelleij (1835), 3 [q) Hollins V. Fowler (1875), L. E. 7 H. L. 757; A. & E. 106 France v. Gaudet (1871), L. E. 6 Q. B. 199. (r) " How could there be a wrongful detention until some claim was made ? " {Freeman v. Jeffries, supra, per Beamwell, B., at p. 201). See also Wilkinson y. Verihj (1871), L. E. 6 C. P. 206; Wilkinson v. Godefroy (1839), 9 A. & E. 536 (0)
1882 (45
to circumstances
&
46 Vict.
c.
61), s. 46.
(case of a stakeholder).
Money paid under mistake.
Goods detained or converted.
