Justices Protection Act 1848
| Jurisdiction | UK Non-devolved |
| Citation | 1848 c. 44 |
| Year | 1848 |
(11 & 12 Vict.) C A P. XLIV.
[14th August 1848]
WHEREAS it is expedient to protect Justices of the Peace in the Execution of their Duty: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Action hereafter to be brought against any Justice of the Peace 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, upon the General Issue being pleaded, the Plaintiff shall fail to prove such Allegation, he shall be nonsuit, or a Verdict shall be given for the Defendant.
II For an Act without or exceeding his Jurisdiction, Action may lie without such Allegation;
II. And be it enacted, That 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 no such Actionshall be brought for anything done under such Conviction or Order until after such Conviction 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.
III Action to be brought against the Justice making the Conviction.
III. And be it enacted, That 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 Peacebon 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.
IV No Action for issuing a Distress Warrant irregularly.
IV. And be it enacted, That 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 that in all Caseswhere 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.
V If a Justice refuse to do an Act, the Court of Queen's Bench may by Rule order him to do it, and no Action shall be brought against him for doing it.
V. 'And whereas it would conduce to the Advancement of Justice, and render more effective and certain the Performance of the Duties of Justices, and give them Protection in the Performance of the same, if some simple Means, not attended with much Expense, were devised by which the Legality of any Act to be done by such Justices might be considered and adjudged by a Court of competent Jurisdiction, diction, and such Justice enabled and directed to perform it without Risk of any Action or other Proceeding being brought or had against...
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