Section 6: Action against Magistrate

6. Action against Magistrate (1) (a) Sections 4 and 5 shall apply to a civil or criminal action, suit or proceeding, brought against a Magistrate, or a clerk or officer of any district or other Court, for any act done by him, or for any omission, in the execution of his office. (b) Subject to subsection (2), the plaintiff shall also expressly allege that the act was done, or omission made, maliciously and without reasonable or probable cause. (c) Where the plaintiff fails to prove the allegation mentioned in paragraph (b), the defendant shall be entitled to judgment with treble costs. (2) (a) Any person who has been injured by an act done— (i) by a Magistrate, clerk or officer in a matter in which he has no jurisdiction or in which he has exceeded his jurisdiction; (ii) under any conviction made or warrant issued in a matter mentioned in subparagraph (i), may maintain an action without averring and proving that it was done maliciously. (b) No action under paragraph (a) shall be brought for anything done under a conviction until the conviction has been quashed by a Court on appeal or otherwise. P52 – 3 [Issue 1]