A.D. 1890.]
MAGISTRATES.
[No. 3.
719
of being ascertained and stated in the commitment), shall be sooner paid.
112. Any Judge of the Court shall have power to liberate, on such terms and conditions as to recognizances or otherwise as he may think fit, any party or person on 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.
Power to Judge to liberate appellant when in custody.
113. 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, in his discretion, thinks fit to exercise them.
Provision for absence or illness of one of the Judges.
PART VII.
PROTECTION OF MAGISTRATES.
114. Every action 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 an action on the case as for a tort; and it shall be expressly alleged in the plaintiff's pleadings that such act 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.
Action for act within his jurisdiction.
115. For any act done by a Magistrate in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued 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 reasonable 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 application 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.
Action for act done without or in excess of jurisdiction.
A.D. 1890.]
!
MAGISTRATES.
[No. 3.
719
of being ascertained and stated in the commitment), shall be sooner paid.
112. Any Judge of the Court shall have power to liberate, on such terms and conditions as to recognizances or otherwise as he may think fit, any party or person on 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.
Power to Judge to liberate ap-
pellant when
in custody.
113. In the absence or illness of one of the Judges, the powers of the Provision for Full Court contained in this Part may be exercised by one Judge, if he, in his discretion, thinks fit to exercise them.
absence or illuess of one of the Judges.
utal
5.
of
tion
:
& duly
erative
atter
прв
PART VII.
PROTECTION OF MAGISTRATES.
Magistrate
114. Every action hereafter to be brought against any Magistrate Action for
any act done by him in the execution of his duty as such Magistrate, against with respect to any matter within his jurisdiction as such Magistrate, for act within
his jurisdic- shall be an action on the case as for a tort; and it shall be expressly alleged in the plaintiff's pleadings that such act was done maliciously 11 & 12 Virt. 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 defend-
ant.
115. For any act done by a Magistrate in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued 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 reasonable and prob- able cause: Provided, nevertheless, that no such action shall be brought for anything done under such conviction or order until after such con- viction or order has been quashed, either on appeal to the Full Court or on application to the Court, nor shall any such action be brought for any- thing done under any such warrant which has been issued by the Ma- gistrate 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
c. 44 s. I.
Action for act one without of jurisdic- 7. 2.
or in excess
tion.
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1
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