MAGISTRATES . [ 10 of 1890. ) 1223
117. Where a conviction or order shall be made by one Suit to be
Magistrate and a warrant of distress or of commitment shall be convicting
against the
granted thereon by another Magistrate bona fide and without Magistrate
collusion, no suit shall be brought against the Magistrate who 6.14
44, 3.2.7
s ]
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 manner
No suit for
in
act relating to the duties of his office as such Magistrate, it which a
shall be lawful for the party requiring such act to be done to Magistrate
apply to the Full Court upon an affidavit of the facts, for a rule discretion ,
calling upon such Magistrate, and also the party to be affected C.[1144,& s.125. V.]
by such act , to show cause why such act should not be done;
9
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 10 suitor proceeding
whatsoever shall be commenced or prosecuted against such
Magistrate for baving obeyed such rule, and done such act so
thereby required as aforesaid.
119. In all cases where a warrant of distress or warrant of After appeal
novutifor
commitment shall be granted by a Magistrate upon any convic- any
tion or order which , either before or after the granting of such done under a
warrant
warrant, shall have been or shall be confirmed upon appeal, no upon it,
suit shall be brought against such Magistrate who so granted [i1 & 12.v.
such warrant for any thing which may have been done under č. 44, s. 6. ]
the same by reason of any defect in such conviction or order.
120. In all cases where by this ordinance it is enacted that If suit
no suit shall be brought under particular circumstances, if any prohibited
by this
such suit shall be brought it shall be lawful for a Judge of the brought,
ordinancethebe
Court upon summons taken out by the defendant, and upon an Judge may
affidavit of facts , to set aside the proceedings in such suit, with [set11 it& aside.
12 V.
or without costs, as to bim shall seem meet. c. 43, s. 7. ]
121. No suit shall be brought against any Magistrate for Limitation of
anything done by him in the execution of his office, unless the suit.
( 11 & 12 V.
same be commenced within six calendar months next after the c.44, s.8.]
act complained of shall have been committed .
122. No such suit shall be commenced against any Magistrate Notice of
until oue calendar month at least after a notice in writing of suit
( 11 ,& 12 V.
such intended suit shall have been delivered to him , or left for c. 44, s. 9.]
him at his usual place of abode by the party intending to
commence such suit, or by his solicitor, in which said notice