MAGISTRATES.
No. 3 of 1890.
*535
or such Judge may order him to be brought up to the Court in the custody of a police officer for the purpose of attending the appeal and any application or proceeding thereon.
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 thinks fit.
Provision for illness or absence of the Judges.
PART VII.
PROTECTION OF MAGISTRATES against Malicious Actions.
114. 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 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.
[11 & 12 Vict. c. 44 s. 1.]
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, or if it is a warrant on an information for an alleged indictable offence, nevertheless if a summons was issued
* As amended by No. 1 of 1912.
* As amended by No. 1 of 1912 and No. 2 of 1912.
y
y
."
MAGISTRATES.
No. 3 of 1890.
*535
or such Judge may order him to be brought up to the Court in the custody of a police officer for the purpose of attending the appeal and any application or proceeding thereon.
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 thinks fit.
Provision for illness of one
absence or
of the Judges.
*
PART VII.
PROTECTION OF MAGISTRATES.
against Ma-
114. In every action brought against any Magistrate for any Action act done by him in the execution of his duty as such Magistrate, gistrate for with respect to any matter within his jurisdiction as such Magis- act within trate, it shall be expressly alleged that such act was done tion.
lis jurisdic- maliciously and without reasonable and probable cause; and if, at the trial of any such action, the plaintiff fails to prove such allega- tion, he shall be nonsuit or the judgment or verdict, as the case may be, shall be for the defendant.
[11 & 12 Vict. c. 44 s. 1.7
t
done without or in excess
tion.
115. For any act done by a Magistrate in a matter over which Action for act by law he has no jurisdiction or in which he has exceeded his jurisdiction, any person injured thereby, or by any act done under of jurisdic any conviction or order made or warrant issued by the Magistrate [ib. s. 2.] 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, or if it is a warrant on an information for an alleged indictable offence, nevertheless if a summons was issued
* As amended by No. 1 of 1912.
As amended by No. 1 of 1912 and No. 2 of 1912.
1
No comments yet.
Private notes are available after approval.