(6)Tender of amends made before suit. Whenever it is proved to the satisfaction of the court, that, before the suit was instituted, tender of sufficient amends has been made to the plaintiff, the plaintiff shall not get his costs nor any relief not included in such tender, and shall pay the costs of the defendant in the suit:Provided that no action shall lie when such Magistrate, Police officer or other person has been prosecuted criminally for the same act.
