the-ordinances-of-the-legislative-counci-1890v2 — Page 632

122 : [ 10 or 1890. ] MAGISTRATES .

In absence or 114. In the absence or illness of one of the Judges, the powers
illness of one of the Full Court contained in this part of the ordinance may
of the Judges
the other
Judge may be exercised by one Judge , if he in his discretion thinks fit to
act alone . exercise them .



PART VIII .
PROTECTION OF MAGISTRATES.
Suit against 115. Every suit hereafter to be brought against any Magis
Magistrate
for act within trate for any act done by him in the execution of his duty as
his jurisdic-
tion .
such Magistrate, with respect to any matter within his jurisdic
( 11 & 12 V. tion as such Magistrate, shall be a suit on the case is for a tort;
c. 44,No.s. 1,and and in the petition it shall be expressly alleged that such act
see
1844 , s. 13. ) was done maliciously, and without reasonable and probable
cause ; and if at the trial of any such suit the plaintiff shall fail
to prove such allegation, he shall be nonsuit, or the judginent
or verdict as the case may be shall be for the defendant.
For ari act
116. For any act done by a Magistrate in a inatter over
or in without
done excess which by law he has no jurisdiction, or in which he shall have
of jurisdic- exceeded his jurisdiction, any person injured thereby, or by any
tion.
( 11 & 12 V. act done under any conviction or order made or warrant issued
c . 44, s . 2.) by such Magistrate in any such matter, may maintain a suit
against such Magistrate in the s: ime forin and in the same case
as he might have done before the passing of this ordinance,
without making any allegation in his petition, that the act
complained of was done maliciously and without reasonable and
probable cause : provided nevertheless, that no such snit shall
be brought for any thing done under such conviction or order
until after such conviction shall have been quashed, either upon
appeal to the Fuli Court or upon application to the Court nor
shall any such suit be brought for anything done under any
such warrant which shall have been issued by such Magistrate
to procure the appearance of such party, and which shall have
been followed by a conviction or order in the same matter, until
after such conviction or order shall have been so quashed as
aforesaid ; or if such last -mentioned warrant shall not have been
followed by any such conviction or order, or if it be a warrant
upon an information for an alleged indictable offence, neverthe
less if a summons were issued previously to such warrant, and
such summons were served upon 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 such summons, in such case no such suit shall
be maintained against such Magistrate for any thing done under
such warrant.