Justices Protection (Ireland) Act, 1849

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JUSTICES PROTECTION (IRELAND) ACT 1849

CHAPTER XVI.

An Act to protect Justices of the Peace in Ireland from vexatious Actions for Acts done by them in the Execution of their Office.[¹] [11th May 1849.]

[Preamble.]

Actions against justices for acts done in execution of duty.

[1.] Every action hereafter to be brought against any justice of the peace in Ireland in any of her Majesty’s superior courts of law at Dublin for any act done by him in the execution of his duty as such justice, with respect to any matter within his jurisdiction as such justice, shall be an action on the case as for a tort; and in the declaration it shall be expressly alleged that such act was done maliciously, and without reasonable and probable cause; and if at the trial of any such action, . . . the plaintiff shall fail to prove such allegation, he shall be nonsuit, or a verdict shall be given for the defendant.

Actions for acts done in excess of jurisdiction.

2. For any act done by a justice of the peace in a matter of which by law he has not jurisdiction, or in which he shall have exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued by such justice in any such matter, may maintain an action against such justice in the same form and in the same case as he might have done before the passing of this Act, without making any allegation in his declaration that the act complained of was done maliciously, and without reasonable and probable cause: Provided nevertheless, that (in any case where a conviction may be quashed either upon appeal or upon application to her Majesty’s Court of Queen’s Bench) no such action shall be brought for anything done under such conviction or order until after such conviction or order shall have been quashed, either upon appeal or upon application to her Majesty’s Court of Queen’s Bench; nor shall any such action be brought for anything done under any such warrant which shall have been issued by such justice 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, nevertheless 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 action shall be maintained against such justice for anything done under such warrant.

Provision where one justice makes a conviction, and another grants a warrant.

3. Where a conviction or order shall be made by one or more justice or justices of the peace, and a warrant of distress or of commitment shall be granted thereon by some other justice of the peace, bonâ fide and without collusion, no action shall be brought against the justice who so granted such warrant by reason of any defect in such conviction or order, or for any want of jurisdiction in the justice or justices who made the same, but the action (if any) shall be brought against the justice or justices who made such conviction or order.

Provision where a distress warrant issued for poor rate in exercise of discretionary power

4. Where any poor rate shall be made, allowed, and published, and a warrant of distress shall issue against any person named and rated therein, no action shall be brought against the justice or justices who shall have granted such warrant by reason of any irregularity or defect in the said rate, or by reason of such person not being liable to be rated therein; and in all cases where a discretionary power shall be given to a justice of the peace by any Act or Acts of Parliament, no action shall be brought against such justice for or by reason of the manner in which he shall have exercised his discretion in the execution of any such power.

Where justice acts under order of Queen’s Bench.

5. [Recital.] In all cases where a justice or justices of the peace shall refuse to do any act relating to the duties of his or their office as such justice or justices, it shall be lawful for the party requiring such act to be done to apply to her Majesty’s Court of Queen’s Bench in Ireland, upon an affidavit of the facts for a rule, calling upon such justice or justices, and also the party to be affected by such act, to show cause why such act should not be done; and if after due service of such rule good cause shall not be shown against it, the said court may make the same absolute, with or without or upon payment of costs, as to them shall seem meet; and the said justice or justices upon being served with such rule absolute shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted against such justice or justices for having obeyed such rule, and done such act so thereby required as aforesaid.

Acts done under warrant where conviction confirmed on appeal.

6. In all cases where a warrant of distress or warrant of commitment shall be granted by a justice of the peace upon any conviction or order which, either before or after the granting of such warrant, shall have been or shall be confirmed upon appeal, no action shall be brought against such justice who so granted such warrant, for anything which may have been done under the same, by reason of any defect in such conviction or order.

Where action prohibited, proceedings may be set aside.

7. In all cases where by this Act it is enacted that no action shall be brought under particular circumstances, if any such action shall be brought it shall be lawful for a judge of the court in which the same shall be brought, upon application of the defendant, and upon an affidavit of facts, to set aside the proceedings in such action, with or without costs, as to him shall seem meet.

[Ss. 8, 9, 12 rep, 56 & 57 Vict. c. 61. s. 2. S. 10 rep. 16 & 17 Vict. c. 113. s. 3. S. 11 rep. 57 & 58 Vict. c. 56. (S.L.R,)]

Limitation of damages if plaintiff proved guilty of offence, &c.

13. In all cases where the plaintiff in any such action shall be entitled to recover, and he shall prove the levying or payment of any penalty or sum of money under any conviction or order as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of two-pence as damages for such imprisonment, . . . if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for nonpayment of the sum he was so ordered to pay.

[S. 14 rep. 56 & 57 Vict. c. 61. s. 2.]

Extent of Act

15. This Act shall extend only to Ireland

[S. 16 and s. 17 (repealing so much of 10 Ch. 1. sess. 2. (I.) c. 16, 43 Geo. 3. c. 143, as relates to actions against justices of the peace, and 43 Geo. 3. c. 141, and all other Acts or parts of Acts inconsistent with this Act) rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Application to cases of protection under repealed Acts.

18. This Act shall apply for the protection of all persons for anything done in the execution of their office, in all cases in which, by the provisions of any Act or Acts of Parliament, the several statutes or parts of statutes herein-before mentioned and by this Act repealed would have been applicable if this Act had not passed.

[s. 19 rep 38 & 39 Vict. c. (S.L.R.)]

[¹ Short title, “The Justices Protection (Ireland) Act, 1849.” See 55 & 56 Vict.c.10.]