80
CAP. 227]
Magistrates
[1988 Ed.
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.
[cf. U.K. 1848 c. 44, s. 7]
Provisions as to limitation of actions, costs, tender, payment and notice
131. Where any action is brought against any magistrate for any act done by him in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, or in respect of any alleged neglect or default in the exercise of his jurisdiction, the following provisions shall apply—
(a) the action shall not lie or be instituted, unless it is commenced within 6 months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within 6 months next after the ceasing thereof;
(b) whenever in any action a judgment is obtained by the defendant it
shall carry costs to be taxed as between solicitor and client;
(c) in any action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment;
(d) if, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends, before the commencement of the action, the court may award to the defendant costs to be taxed as between solicitor and client.
[cf. U.K. 1893 c. 61, s. 1]
Amount of damages in certain cases
132. In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of 5 cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
[cf. U.K. 1848 c. 44, s. 13]
80
CAP. 227]
Magistrates
[1988 Ed.
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.
[cf. U.K. 1848 c. 44, s. 7]
Provisions as to limitation of actions, costs, tender, payment and notice
131. Where any action is brought against any magistrate for any act done by him in a matter over which by law he has no jurisdiction or in which he has exceeded his jurisdiction, or in respect of any alleged neglect or default in the exercise of his jurisdiction, the following provisions shall apply—
(a) the action shall not lie or be instituted, unless, it is commenced within 6 months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within 6 months next after the ceasing thereof;
(b) whenever in any action a judgment is obtained by the defendant it
shall carry costs to be taxed as between solicitor and client;
(c) in any action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment;
(d) if, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends, before the commence- ment of the action, the court may award to the defendant costs to be taxed as between solicitor and client.
[cf. U.K. 1893 c. 61, s. 1]
Amount of damages in certain cases
132. In any case where the plaintiff in any such action is entitled to recover, and he proves the levying or payment of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of 5 cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punish- ment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum which he was so ordered to pay.
[cf. U.K. 1848 c. 44, s. 13]
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