CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 262

Provision for

absence or

illness of one of the

judges.

Ordinance No. 27 of 1912.

Death,

absence or

magistrate.

42

to the Full Court shall be understood as references to a magistrate upon the re-hearing, and references to an appcal shall be understood as references to a review.

117. Notwithstanding the provisions of section 5 of the Full Court Ordinance, 1912, in the absence or illness of one of the judges, the powers of the Full Court contained in this Part may be exercised by one judge, if he thinks fit.

118. If any step in or in connection with any appeal or incapacity of intended appeal is rendered impossible by the death, absence or incapacity of a magistrate, the Full Court upon motion shall have power for good cause to order that the case be heard de novo hy the Full Court and the same shall be so heard accordingly.

PART VII.

PROTECTION OF MAGISTRATES.

Action against magistrate for act within his jurisdiction.

119. In every action brought against any magistrate for any act done by him in the execution of his duty as such magistrate, with respect to any matter within his jurisdiction as such magistrate, it shall be expressly alleged that such act 11 & 12 Vict. was done maliciously and without reasonable and probable cause; and if at the trial of any such action the plaintiff fails to prove such allegation, he shall be nonsuit or the judgment or verdict, as the case may be, shall be for the defendant.

c. 44, s. 1.

Action for act done without

or in excess

of jurisdic- tion.

c. 44, s. 2.

120. For any act done by a magistrate in a matter over which by law he has no jurisdiction or in which he has exceed- ed his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued 11 & 12 Vict. by the magistrate in any such matter, may maintain an action against the magistrate in the same form and in the same case as he might have done before the commencement of this Ordinance, without making any allegation in his pleadings that the act complained of was done maliciously and without reason- able and probable cause : Provided, nevertheless, that no such action shall be brought for anything done under such conviction or order until after such conviction or order has been quashed, either on appeal to the Full Court or on applica- tion to the court, nor shall any such action be brought for anything done under any such warrant which has been issued by the magistrate to procure the appearance of such party, and which has been followed by a conviction or order in the same matter, until after such conviction or order has been so quashed as aforesaid; or if such last-mentioned warrant has 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 pre- viously 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 magis- trate for anything done under warrant.

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