126Action for act done within jurisdiction as a justice

### 126 Action for act done within jurisdiction as a justice > > (1)  An action brought against a justice for an act done by him in the execution of his duty as a justice with respect to a matter within his jurisdiction as a justice shall be an action as for a tort. > > > (2)  In the statement of claim or plaint it shall be expressly alleged that the act was done maliciously and without reasonable and probable cause. > > > (3)  If at the trial the plaintiff fails to prove the allegation mentioned in [subsection (2)](#GS126@Gs2@EN) , he shall be non-suited, or a verdict shall be given for the defendant, with costs.