MAGISTRATES.
No. 3 of 1890:
495
11 & 12 Vict.
c. 44, s. 3.
116. Where a conviction or order is made by one magistrate and a warrant of distress or of commitment is granted against 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.
1 do act, for doing it.
117.(1) In any case where a magistrate refuses to do any act relating to the duties of the 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.
(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.
no action for
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.
it.
of action prohibited
119. In any case where by this Ordinance it is enacted that no action shall be brought in particular circumstances, if any such action is brought, it shall be lawful for a judge, 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.
Ordinance.
of action.
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.
11 & 12 Vict. c. 44, s. 8.