h le id la 11: If MAGISTRATES. No. 3 of 1890, 537 such action is brought, it shall be lawful for a Judge, on summons taken out by the defendant and on an affidavit of facts, to set aside the proceedings in the action, with or without costs, as to him may seem meet.
120. No action shall be brought against any Magistrate for anything done by him in the execution of his office, unless the same is commenced within 6 months next after the act complained of has been committed.
121. No such action shall be commenced against any Magistrate until one month at least after a notice in writing of such intended action has been delivered to him or left for him at his usual place of abode by the party intending to commence such action or by his solicitor, in which said notice the cause of action shall be clearly and explicitly stated; and on the back thereof shall be indorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said solicitor, if such notice has been served by such solicitor.
122.-(1) In every such case, after notice of action has been so given as aforesaid, and before the action is commenced, the Magistrate to whom the notice is given may tender to the party complaining or to his solicitor such sum of money as he may think fit as amends for the injury complained of in the notice; and after the action has been commenced, and at any time before it is placed in the general hearing list, the defendant, if he has not made such tender or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit.
(2) The said tender and payment of money into Court or either of them may afterwards be given in evidence by the defendant at the trial; and if the Judge or jury at the trial, as the case may be, is or are of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into Court, then he or they shall give judgment or a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into Court, or so much thereof as may be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, to the plaintiff.
*As amended by No. 2 of 1912.
h
le
id
la
11:
If
MAGISTRATES.
No. 3 of 1890,
537
such action is brought, it shall be lawful for a Judge, on summons taken out by the defendant and on an affidavit of facts, to set aside the proceedings in the action, with or without costs, as to him may seem meet.
120. No action shall be brought against any Magistrate for Limitation
of action. anything done by him in the execution of his office, unless the same
[11 & 12 Fict. is commenced within 6 months next after the act complained of c. 44 s. 8.] has been committed.
121. No such action shall be commenced against any Magistrate Notice of until one month at least after a notice in writing of such intended action.
[ib. s. . 9.] action has been delivered to him or left for him at his usual place of abode by the party intending to commence such action or by his solicitor, in which said notice the cause of action shall be clearly and explicitly stated; and on the back thereof shall be indorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said solicitor, if such notice has been served by such solicitor.
*
122.-(1) In every such case, after notice of action has been so Tender and given as aforesaid, and before the action is commenced, the payment of money into Magistrate to whom the notice is given may tender to the party Court.
[ib. s. 11.] complaining or to his solicitor such sum of money as he may think fit as amends for the injury complained of in the notice; and after the action has been commenced, and at any time before it is placed in the general hearing list, the defendant, if he has not made such tender or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit.
(2) The said tender and payment of money into Court or either of them may afterwards be given in evidence by the defendant at the trial; and if the Judge or jury at the trial, as the case may be, is or are of opinion that the plaintiff is not entitled to damages be- yond the sum so tendered or paid into Court, then he or they shall give judgment or a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into Court, or so much thereof as may be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, to the plain- tiff.
*As amended by No. 2 of 1912.
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