(1) Any Justice or Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Justice or Community Magistrate in excess of jurisdiction or without jurisdiction shall, on production by him of a certificate signed by a Judge of the High Court stating that in his opinion the Justice or Community Magistrate acted in good faith under the belief that he had in fact jurisdiction, and further that in the opinion of the Judge in all the circumstances he ought fairly and reasonably to be excused, be indemnified by the Crown to the full amount of the judgment.
(2) Where a claim against a Justice or Community Magistrate is settled by the payment by him of, or an agreement by him to pay, an agreed amount for damages or costs before action is commenced against him or before or during trial of the action, he shall be indemnified by the Crown to the full amount paid or agreed to be paid by him, on production of a certificate as aforesaid stating that in the opinion of the Judge the amount paid or agreed to be paid was fair and reasonable:
provided that, if he is not so satisfied, the Judge may issue the certificate in respect of such less sum as in his opinion would have been or would be adequate to settle the plaintiff's claim, and in that case the Justice or Community Magistrate shall be indemnified by the Crown to the amount specified in the certificate.
(3) Application for such a certificate may be made by the Justice or Community Magistrate at any time to a Judge in chambers, and the Judge shall have power to grant the certificate after considering such evidence as may be given before him either orally or in the form of affidavits.
(4) A copy of the application shall be served by the Justice or Community Magistrate on the Attorney-General, who shall be entitled to appear and oppose it.
Section 197 heading: replaced, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).
Section 197(1): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).
Section 197(1): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).
Section 197(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 197(2): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).
Section 197(2): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).
Section 197(2) proviso: amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).
Section 197(2) proviso: amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).
Section 197(3): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).
Section 197(3): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).
Section 197(4): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).
Section 197(4): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).