(1988 Ed.] Magistrates [CAP. 227 79
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 previously to the warrant, and such summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of the summons, in such case no such action shall be maintained against the magistrate for anything done under warrant.
(2) In any action under this section it shall be a good defence that the act complained of was not done maliciously and without reasonable and probable cause, and the onus of proving the same shall rest with the magistrate. (Added, 2 of 1955, s. 9)
(3) Save under and in accordance with the provisions of this section no action shall lie in any civil court against a magistrate for any act done in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction. (Added, 2 of 1955, s. 9)
Action to be against convicting magistrate [cf. U.K. 1848 c. 44, s. 2]
127. Where a conviction or order is made by one magistrate and a warrant of distress or of commitment is granted thereon by another magistrate bona fide and without collusion, no action shall be brought against the magistrate who so granted the warrant by reason of any defect in the conviction or order, or for any want of jurisdiction in the magistrate who made the same, but the action, if any, shall be brought against the magistrate who made the conviction or order. [cf. U.K. 1848 c. 44, s. 3]
Compelling magistrate to do act and immunity for doing it
128. In all cases where a magistrate refuses to do any act relating to the duties of his office, it shall be lawful for the party requiring the act to be done to apply to the High Court for an order of mandamus, and if the court make the order, no action or proceeding whatsoever shall be commenced or prosecuted against the magistrate for having obeyed the order. (Replaced, 30 of 1958, s. 9) [cf. U.K. 1938 c. 63, s. 19(1) & Second Schedule]
After appeal no action for anything done under warrant upon it
129. In any case where a warrant of distress or warrant of commitment is granted by a magistrate on any conviction or order which, either before or after the granting of such warrant, has been or is confirmed on appeal, no action shall be brought against the magistrate who so granted the warrant for anything which may have been done under the same by reason of any defect in the conviction or order.
Setting aside of action prohibited by the Ordinance [cf. U.K. 1848 c. 44, s. 6]
130. In any case where by this Ordinance it is enacted that no action shall be brought in particular circumstances, if any such action is brought, it shall be
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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 previously to the warrant, and such summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of the summons, in such case no such action shall be maintained against the magistrate for anything done under warrant.
(2) In any action under this section it shall be a good defence that the act complained of was not done maliciously and without reasonable and pro- bable cause, and the onus of proving the same shall rest with the magistrate. (Added, 2 of 1955, s. 9)
(3) Save under and in accordance with the provisions of this section no action shall lie in any civil court against a magistrate for any act done in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction. (Added, 2 of 1955, s. 9)
Action to be against convicting magistrate
[cf. U.K. 1848 c. 44, s. 2]
127. Where a conviction or order is made by one magistrate and a warrant of distress or of commitment is granted thereon by another magistrate bona fide and without collusion, no action shall be brought against the magistrate who so granted the warrant by reason of any defect in the conviction or order, or for any want of jurisdiction in the magistrate who made the same, but the action, if any, shall be brought against the magistrate who made the conviction or order. [cf. U.K. 1848 c. 44, s. 3]
Compelling magistrate to do act and immunity for doing it
128. In all cases where a magistrate refuses to do any act relating to the duties of his office, it shall be lawful for the party requiring the act to be done to apply to the High Court for an order of mandamus, and if the court make the order, no action or proceeding whatsoever shall be commenced or prosecuted against the magistrate for having obeyed the order.
(Replaced, 30 of 1958, s. 9) [cf. U.K. 1938 c. 63, s. 19(1) & Second Schedule]
After appeal no action for anything done under warrant upon it
129. In any case where a warrant of distress or warrant of commitment is granted by a magistrate on any conviction or order which, either before or after the granting of such warrant, has been or is confirmed on appeal, no action shall be brought against the magistrate who so granted the warrant for anything which may have been done under the same by reason of any defect in the conviction or order.
Setting aside of action prohibited by the Ordinance
[cf. U.K. 1848 c. 44, s. 6]
130. In any case where by this Ordinance it is enacted that no action shall be brought in particular circumstances, if any such action is brought, it shall be
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