PROTECTION OF JUSTICES ACT, 1848. 11 & 12 VICT. CAP. 44. An Act to protect Justices of the Peace from vexatious WHEREAS it is expedient to protect justices of the peace in the execution of their duty: by a justice within his Be it therefore enacted by the Queen's most ex- Preamble. cellent 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 For an act done by him in the execution of his duty as such jus- of peace tice with respect to any matter within his jurisdiction jurisdiction, as such justice, shall be an action on the case as for a shall be on tort; and in the declaration it shall be expressly alleged and it shall that such act was done maliciously, and without be alleged reasonable and probable cause; and if at the trial of been done any such action, upon the general issue being pleaded, and without the plaintiff shall fail to prove such allegation, he cause. shall be non-suit, or a verdict shall be given for the defendant. the action the case, to have maliciously, probable Note to Sect. 1. Responsibility of justice. The remedy provided by this statute for a wrong committed by a justice upon an individual is quite distinct from the proceedings against a justice for impeding the course of justice. A magistrate is properly answerable to a criminal charge for misconduct in his office, though in such misconduct he may not be actuated by any motive of pecuniary interest, and though he may not mean maliciously to injure any individual. If he gives way to passion, or if in doing anything connected with the administration of justice he is guilty of any impropriety of demeanour so as to affect the due discharge of his duties, the Court of Queen's Bench may direct that his conduct be laid before a jury. Mere errors of judgment will not, however, afford a ground for a criminal information against a magistrate. This section has been held to protect a justice from liability to an action of trespass for an arrest under a warrant under section 3 of 7 & 8 Vict. c. 101, to bring the putative father of an illegitimate child before two justices for the purpose of enforcing an order in bastardy confirmed on appeal subject to a special case, when the warrant was issued two days after the hearing of the appeal. Kendal v. Wilkinson, 4 El. & B. 680; 24 L. J. R. (N.s.) M. C. 89; 19 J. P. 467, for according to the laws of this country an appeal is no stay of execution without a special order for that purpose. Hope v. Hope, 23 L. J. R. (N.s.) Ch. 682. It has also been held that under this section trespass vi et armis will not lie against a justice for committing a person to prison in default of finding sureties to keep the peace. Haylock v. Sparke, 4 E. & B. 471; 17 J. P. 272. Neither will an action lie for refusing to take bail on a charge of misdemeanour without proof of malice, as a justice's duty in this respect is not merely ministerial. Lingford v. Fitzroy, 13 Q. B. 240; 13 J. P. 474. See note to 11 & 12 Vict. c. 42, s. 23. A person was convicted in a penalty of £2 and costs, and in default of payment, two months' imprisonment. He gave notice of appeal, and left the court. A conviction and warrant were afterwards drawn up and signed by the magistrates, in which blanks were left for the amount of the costs. The costs having been ascertained by the clerk to the magistrates and inserted by him, the warrant was issued. The person convicted then, for the first time, became informed of the amount of the costs. In an action of trespass against the magistrates for false imprisonment, it was held that the signing the conviction and warrant in blank was an irregularity, not an excess of jurisdiction, and therefore the plaintiff was rightly non-suited under 11 & 12 Vict. c. 44, s. 1; Bott v. Ackroyd, 5 Jur. (N.s.) 1053; 28 L. J. (N.S.) M. C. 207; 23 J. P. 661. In the following case it was held, that though the conduct Note to of a justice of the peace had been irregular and injudicious, Sect. 1. still there was no sufficient evidence of corruption to induce the court to grant a rule for a criminal information against Responsi him. Seven artizans who left their master's employment bility of justice. without notice one morning were the same afternoon apprehended under a warrant, handcuffed, and imprisoned till next morning at seven o'clock, when they were taken before the justice, who refused their request to postpone the hearing till they procured legal assistance, and who heard all the cases in a lump, without taking each separately, and awarded to each the punishment of forfeiture of one day's wages, Ex parte Higgins; Reg. v. Lipscombe, 25 J. P. 726. A declaration against justices, where it sufficiently appeared that they had acted without jurisdiction, was held to be good, although it contained no allegation that they had acted maliciously, and without reasonable and probable cause. Pease v. Chaytor, 31 L. J. M. C. 1; 27 J. P. 309; 8 Jur. (N.S.) 482; 1 B. & S. 658; 5 L. T. (N.S.) 280. But justices are not liable to an action for damages if they honestly, though erroneously, decide that an objection to the validity of a church rate made at the hearing of a complaint for non-payment of arrears is not made bona fide, and proceed to adjudicate, and issue their warrant to enforce payment. Ibid., 8 L. T. (N.s.) 613. In the following case a justice of the peace was held to have acted without jurisdiction, and to be liable to an action, and not protected by 11 & 12 Vict. c. 44, s. 1. The 7 & 8 Geo. 4, c. 108, s. 13, empowers certain persons to make a rate upon the owners of Stratford Abbey Lands, and section 15 empowers a justice, on proof of demand and refusal to pay, to enforce payment by distress warrant; section 16 requires the warrant to be directed to the collector; section 36 gives power of appeal against the rate to any person claiming exemption on the grounds that the lands rated are not Abbey Lands; and by section 42, the decision of quarter sessions on appeal is final. The plaintiff, having been rated and refused to pay, D., a justice, issued a distress warrant directed to S., the collector, who executed it. The plaintiff sued D. and S. in trespass, and the jury found that the land in respect of which the rate was made was not Abbey Land. The court held, first, that the plaintiff was not bound to appeal to the sessions, but might try the validity of the rate by an action of trespass; second, that D. had acted without jurisdiction, and was liable to such action, and not protected by 11 & 12 Vict. c. 44; and third, that S. being the person to whom the warrant was directed, and who was required to execute it, was an officer of the law, and protected by 24 Note to Geo. 2, c. 44, s. 6. Pedley v. Davis and Shipston, 30 L. J. 492. Actions By 24 Geo. 2, c. 44, s. 6, no action shall be brought against against Constables. any constable, headborough, or other officer, or against any person or persons acting by his order and in his aid, for anything done in obedience to any warrant under the hand or seal of any justice of the peace, until demand hath been made or left at the usual place of his abode, by the party or parties intending to bring such action, or by his, her, or their attorney or agent in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six days after such demand; and in case, after such demand and compliance therewith, by showing the said warrant to, and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such constable, headborough, or other officer, or against such person or persons acting in his aid for any such cause as aforesaid without making the justice or justices who signed or sealed the said warrant, defendant or defendants, that on producing and proving such warrant at the trial of such action, the jury shall give their verdict for the defendant or defendants notwithstanding any defect of jurisdiction in such justice or justices; and if such action be brought jointly against such justice or justices, and also against such constable, headborough, or other officer or person or persons acting in his or their aid as aforesaid, then on proof of such warrant, the jury shall find for such constable, headborough, or other officer, or for such person and persons so acting as aforesaid, notwithstanding such defect of jurisdiction as aforesaid; and if the verdict be given against the justice or justices, that in such case the plaintiff shall recover his, her, or their costs against him or them, to be taxed in such manner by the proper officer, as to include such costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid. For an act done by him, with out or ex By section 8, actions against any constable, headborough, &c., must be commenced within six calendar months after the act committed. 2. And be it enacted, that for any act done by a justice of the peace in a matter of which by law he ceeding his has not jurisdiction, or in which he shall have exjurisdiction, action may ceeded his jurisdiction, any person injured thereby, lie; without tion; an act done quashed. or by any act done under any conviction or order Sect. 2. made or warrant issued by such justice in any such matter, may maintain an action against such justice such allegain 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, but not for that no such action shall be brought for anything under a conviction, or done under such conviction or order until after such order, until they have conviction shall have been quashed, either upon been 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 Not for an last-mentioned warrant shall not have been followed under a by any such conviction or order, or if it be a warrant to compel upon an information for an alleged indictable offence, if a sumnevertheless if a summons were issued previously to previously such warrant, and such summons were served upon not obeyed. 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. act done warrant appearance, mons were served and excess of This and section 1 must be read together; and it applies Justices only to those cases where the act in respect of which the acting in action is brought against the justice, is in itself an excess of jurisdiction. jurisdiction. Therefore where a justice convicted the plain |