THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of such summons, in such case no such suit shall be maintained against such Magistrate for any thing done under such warrant.
117. Where a conviction or order shall be made by one Magistrate and a warrant of distress or of commitment shall be granted thereon by the other Magistrate bonâ fide and without collusion, no suit shall be brought against the Magistrate who so granted such warrant by reason of any defect in such conviction or order, or for any want of jurisdiction in the Magistrate who made the same, but the suit (if any) shall be brought against the Magistrate who made such conviction or order.
118. In all cases where a Magistrate shall refuse to do any act relating to the duties of his office as such Magis- trate, it shall be lawful for the party requiring such act to be done to apply to the Full Court upon an affidavit of the facts, for a rule calling upon such Magistrate, and also the party to be affected by such act, to show cause why such act should not be done; and if after due service of such rule good cause shall not be shown against it, such Court may make the same absolute, with or without costs, as shall seem meet; and the said Magistrate upon being served with such rule absolute shall obey the same, and shall do the act required; and no suit or proceeding whatsoever shall be commenced or prosecuted against such Magistrate for having obeyed such rule, and done such act so thereby required as aforesaid.
119. In all cases where a warrant of distress or warrant of commitment shall be granted by a Magistrate upon any conviction or order which, either before or after the grant- ing of such warrant, shall have been or shall be confirmed upon appeal, no suit shall be brought against such Magis- trate who so granted such warrant for any thing which may have been done under the saine by reason of any de- fect in such conviction or order.
120. In all cases where by this Ordinance it is enacted that no suit shall be brought under particular circumstances, if any such suit shall be brought it shall be lawful for a Judge of the Court upon summons taken out by the defendant, and upon an affidavit of facts, to set aside the proceedings in such suit, with or without costs, as to him shall seem meet.
121. No suit shall be brought against any Magistrate for anything done by him in the execution of his office, unless the same be commenced within six calendar months next after the act complained of shall have been committed. 122. No such suit shall be commenced against any Magistrate until one calendar month at least after a notice in writing of such intended suit shall have been delivered to him, or left for him at his usual place of abode by the party intending to commence such suit, or by his solicitor, in which said notice the cause of suit shall be clearly and explicitly stated; and upon the back thereof shall be endors- ed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said solicitor, if such notice have been served by such solicitor.
123. In every such case after notice of suit shall be so
· given as aforesaid, and before such suit shall be commenced, such Magistrate to whom such notice shall be given may tender to the party complaining, or to his solicitor such sum of money as he may think fit as amends for the injury com plained of in such notice; and after such suit shall have been commenced, and at any time before the suit is placed in the general hearing list, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, or either of them, may afterwards be given in evidence by the defendant at the trial; and if the judge or jury at the trial (as the case may be) shall be of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into Court, then he or they shall give judgment or a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be non-suit, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue (if any) to the plaintiff; or if, where money is so paid into Court in any such suit, the plaintiff shall elect to accept the same in satisfaction of his damages
Suit to be against the convicting Magistrate. (11 & 12 V. C. 44, B. 3.)
No suit for manner in which a Magistrato exercises u discretion. (11 & 12 V, c. 44, 5. 5.)
After appeni no suit for any thing done under a warrant upon it. (it & 12 Y. c. 44, 6. 6.)
If Butt prohibited by this Ordinance ba brought, the Judge may set it aside. (11 & 12 V. c. 43, s. 7.)
Limitation of suit. (11 & 12 V
c. 44, s. 8.)
Notice of suit. (11 & 12 V. c. 44, s. 9.)
Tender and payment of money into Court. (11 & 12 V. c. 44, s. 11.)
135