720
Action to be against convicting Magistrate.
11 & 12 Vict. c. 44 s. 3.
Compelling Magistrate immunity for doing it. Ib. s. 4.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
order, or if it is a warrant on an information for an alleged indictable offence, nevertheless if a summons was issued previously to the warrant, and such summons was served on such person, either personally or by 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 the summons, in such case no such action shall be maintained against the Magistrate for anything done under the warrant.
116. Where a conviction or order is made by one Magistrate and a warrant of distress or of commitment is granted thereon by another Magistrate bona fide and without collusion, no action shall be brought against the Magistrate who so granted the warrant by reason of any defect in the conviction or order, or for any want of jurisdiction in the Magistrate who made the same, but the action, if any, shall be brought against the Magistrate who made the conviction or order.
117.-(1.) In any case where a Magistrate refuses to do any act relating to the duties of his office as such Magistrate, it shall be lawful for the party requiring such act to be done to apply to the Full Court, on 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 is not shown against it, the Full Court may make the same absolute, with or without costs, as may seem meet.
After appeal, no action for anything done under warrant upon it. Ib. s. 6.
Setting aside
(2.) The Magistrate, on being served with such rule absolute, shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted against the Magistrate for having obeyed such rule and done such act so thereby required as aforesaid.
118. In any case where a warrant of distress or warrant of commitment is granted by a Magistrate on any conviction or order which, either before or after the granting of such warrant, has been or is confirmed on appeal, no action shall be brought against the Magistrate who so granted the warrant for anything which may have been done under the same by reason of any defect in the conviction or order.
119. In any case where by this Ordinance it is enacted that no action shall be brought under particular circumstances, if any such action is brought, it shall be lawful for a Judge of the Court, on summons taken out by the defendant and on an affidavit of facts, to set aside the proceedings in the action, with or without costs, as to him may seem meet.
prohibited by the Ordinance. Ib. s. 7.
Limitation of action. Ib. s. 8.
120. No action shall be brought against any Magistrate for anything done by him in the execution of his office, unless the same is commenced within six months next after the act complained of has been committed.
!Page 46
!Page 46
!Page 46