654835-1890-Bill-The-Magistrates-Ordinance — Page 29

134

THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.

After appeal against conviction or order Maria- trate may issue warrants of distress for execution of the same. (11 & 12 V.

c. 43, s. 27.)

Power to liberate Appellant when lu custody.

In absence or illness of one of the Judges, the other Judge may

act alone.

Suit against Magistrate

for act within

his jurisdic-

tion.

(11 & 12 V. c. 44, s. 1.

and see No. 10 of 1844, 6. 13.)

For an act done without or in excess of jurisdiction.

(1 & 12 V.

c. 44, s. 2.)

+

it were the original decision of such Magistrate or Magis- trates. And no suit or proceeding whatsoever shall be commenced or had against the Magistrate or Magistrates for enforcing such conviction or order.

112. After an appeal against any conviction or order as aforesaid shall have been decided, if the same shall have been decided in favour of the respondents, either Magistrate may issue his warrant of distress or commitment for the execution of such conviction or order as if no such appeal had been brought; and if upon any such appeal, the Full Court shall order either party to pay costs, such order shall direct such costs to be paid to the Registrar to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid, and if the same shall not be paid within the time so limited, and the party ordered to pay the same shall not be bound by any recognisance conditioned to pay such costs, the Registrar, upon application of the party entitled to such costs, or of any person on his behalf, and on payment of a fee of twenty-five cents, shall grant to the party so applying a certificate that such costs have not been paid (xc1.); and upon production of such certificate to any Magistrate it shall be lawful for him to enforce the payment of such costs by warrant of distress in manner hereinbefore pro- vided for the enforcing the payment of costs under section 58, and in default of distress the Magistrate may commit the party against whom such warrant shall have issued in manner hereinbefore mentioned for any time not exceeding three calendar months, unless the amount of such costs, and all costs and charges of the distress, and also the costs of the commitment, if such Magistrate shall think fit so to order, (the amount thereof being ascertained and stated in such commitment), shall be sooner paid.

113. Any Judge of the Court shall have power to liber- ate upon such terms and conditions as to recognisances or otherwise any party or person, upon whose application a case has been stated or who has obtained leave to appeal as aforesaid and who is in custody, or such Judge may order him to be brought up to the Court in the custody of a police officer or constable for the purpose of attending the appeal and any application or proceeding thereon.

114. In the absence or illness of one of the Judges, the powers of the Full Court contained in this part of the Ordinance may be exercised by one Judge, if he in his discretion thinks fit to exercise them.

PART VIII.

Protection of Magistrates.

115. Every suit hereafter to be 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, shall be a suit on the case as for a tort; and in the petition it shall be expressly alleged that such act was done maliciously, and without reasonable and probable cause; and if at the trial of any such suit the plaintiff shall fail to prove such allegation, he shall be nonsuit, or the judgment or verdict as the case may be shall be for the defendant.

116. For any act done by a Magistrate in a matter over which by law he has no jurisdiction, or in which he shall. have exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued by such Magistrate in any such matter, may maintain a suit against such Magistrate in the same form and in the same casc as he might have done before the passing of this Ordinance, without making any allega- tion in his petition, that the act complained of was done maliciously and without reasonable and probable cause: Provided nevertheless, that no such suit shall be brought for any thing done under such conviction or order until after such conviction shall have been quashed, either upon appeal to the Full Court or upon application to the Court nor shall any such suit be brought for anything done under any such warrant which shall have been issued by such Ma- gistrate to procure the appearance of such party, and which shall have been followed by a conviction or order in the same matter, until after such conviction or order shall have been so quashed as aforesaid; or if such last-mentioned warrant shall not have been followed by any such convic- tion or order, or if it be a warrant upon an information for an alleged indictable offence, nevertheless if a summons were issued previously to such warrant, and such summons were served upon such person, either personally or by