78
CAP. 227]
Magistrates
[1988 Ed.
shall cease to be a party to any further proceedings and the Attorney General shall be deemed to be a party.
Provisions for costs in cases where the Attorney General has intervened
(Replaced, 24 of 1949, s. 39)
124. Notwithstanding the provisions of sections 14 and 123 a complainant or informant shall remain liable to pay and be entitled to recover, as the case may be, the costs incurred prior to the date when he ceases to be a party to the proceedings by reason of the intervention of the Attorney General, and in making any order as to costs a magistrate 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.
(Added, 9 of 1950, Schedule)
PART VIII
PROTECTION OF MAGISTRATES
Action against magistrate for act within his jurisdiction
125. 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.
Action for act done without or in excess of jurisdiction
[cf. U.K. 1848 c. 44, s. 1]
126. (1) 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 Court of Appeal 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
78
CAP. 227]
Magistrates
[1988 Ed.
shall cease to be a party to any further proceedings and the Attorney General shall be deemed to be a party.
Provisions for costs in cases where the Attorney General has intervened
(Replaced, 24 of 1949, s. 39)
124. Notwithstanding the provisions of sections 14 and 123 a complainant or informant shall remain liable to pay and be entitled to recover, as the case may be, the costs incurred prior to the date when he ceases to be a party to the proceedings by reason of the intervention of the Attorney General, and in making any order as to costs a magistrate 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.
( Added, 9 of 1950, Schedule)
PART VIII
PROTECTION OF MAGISTRATES
Action against magistrate for act within his jurisdiction
125. 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.
Action for act done without or in excess of jurisdiction
[cf. U.K. 1848 c. 44, s. 1]
126. (1) 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 allega- tion 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 Court of Appeal 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
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