CAP. 227]
Magistrates.
[8. 122 cont.] and the court shall have regard to such intervention and may in his or their discretion and in such manner as he or they may think fit apportion the right to recover costs or the liability to pay costs, as the case may be, between such complainant or informant and the Attorney General: Provided that no order shall be made which would result in a defendant being called upon to pay by way of costs a greater sum than would have been payable had intervention not taken place.
[118A
Action against magistrate for act within his jurisdiction.
11 & 12 Vict. c. 44, s. 1.
Action for
PART VII.
PROTECTION OF MAGISTRATES.
123. 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.
[119
124. 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
300
CAP. 227]
Magistrates.
[8. 122 cont.] and the court shall have regard to such intervention and may in his or their discretion and in such manner as he or they may think fit apportion the right to recover costs or the liability to pay costs, as the case may be, between such com- plainant or informant and the Attorney General: Provided that no order shall be made which would result in a defendant being called upon to pay by way of costs a greater sum than would have been payable had intervention not taken place. [118A
Action against magistrate for act within his jurisdiction.
11 & 12 Vict. c. 44, s. 1.
Action for
PART VII.
PROTECTION OF MAGISTRATES.
123. 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.
[119
124. For any act done by a magistrate in a matter over without or in which by law he has no jurisdiction or in which he has
act done
excess of
jurisdiction.
11 & 12 Vict. c. 44, 8. 2.
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
300
—
No comments yet.
Private notes are available after approval.