CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 263

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121. Where a conviction or order is made by one magis- Action to trate and a warrant of distress or of commitment is granted convicting be against thereon by another magistrate bonâ fide and without collusion, magistrate. no action shall be brought against the magistrate who so 11 & 12 Vict. 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.

c. 44, s. 3.

magistrate

122.-(1) In any case where a magistrate refuses to do Compelling any act relating to the duties of his office as such magistrate, to do act, it shall be lawful for the party requiring such act to be done and im- to apply to the Full Court, on an affidavit of the facts, for a for doing it.

munity rule calling upon such magistrate, and also the party to be 11 & 12 Vict. affected by such act, to show cause why such act should not c. 44, s. 5. 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 ab- solute, 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

123. In any case where a warrant of distress or warrant After appeal of commitment is granted by a magistrate on any conviction action,

for anything or order which, either before or after the granting of such done under warrant, has been or is confirmed on appeal, no action shall warrant be brought against the magistrate who so granted the warrant 11 & 12 Vict. for anything which may have been done under the same by reason of any defect in the conviction or order.

upon it

c. 44, s. 6.

124. In any case where by this Ordinance it is enacted Setting aside that no action shall be brought in particular circumstances, if of action

prohibited any such action is brought, it shall be lawful for a judge, on by the summons taken out by the defendant and on an affidavit of Ordinance. facts, to set aside the proceedings in the action, with or with- 11 & 12 Vict. out costs, as to him may seem meet.

c. 44, s. 7.

of actions,

125. Where any action is brought against any magis- Provisions as trate for any act done by him in a matter over which by law to limitation he has no jurisdiction or in which he has exceeded his jurisdic- costs, tender, tion, or in respect of any alleged neglect or default in the payment and exercise of his jurisdiction, the following provisions shall 56 & 57 Vict. apply:-

(1) The action shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

(2) Whenever in any action a judgment is obtained by the defendant it shall carry costs to be taxed as between solicitor and client.

(3) In any action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as hetween solicitor and client, as from the time of the tender or payment.

notice.

c. 61, s. 1.

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