Magistrates.
[CAP. 227
not been followed by any such conviction or 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 warrant.
[120 207188.0
be against
magistrate.
11 & 12 Vict.
c. 44, s. 8.
125. 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.
[121
126 (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.
(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 thereby required as aforesaid.
[122
magistrate
and
Compelling to do act, immunity for doing it.
11 & 12 Vict.
c. 44, s. 5.
30 of 1988 5.9
no action
done under
warrant 11 & 12 Vict.
upon it.
127. 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.
[123
301
c. 44, s. 6.
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