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JUSTICES PROTECTION (IRELAND) ACT 1849

JUSTICES PROTECTION (IRELAND) ACT 1849 - LONG TITLE

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 rep. by SLR 1891[

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 1
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
[Belfast] 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.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 2
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 [the High Court of Justice in Northern
Ireland] 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 [the
High Court of Justice in Northern Ireland] 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.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 3
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, bona8 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.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 4
Provision where justice exercises discretionary power.

4. ... 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.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 5
Where justice acts under order of High Court.

5. ... 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 [the High Court
of Justice in Northern 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.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 6
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.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 7
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.812 rep. by 1853 c.113 s.3 sch.A; 1893 c.61 s.2 sch.; SLR 1894

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 13
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 twopence 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. by 1893 c.61 s.2 sch.

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 15
Extent of Act.

15. This Act shall extend only to Ireland.

Ss.16, 17 rep. by SLR 1875

JUSTICES PROTECTION (IRELAND) ACT 1849 - SECT 18
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. by SLR 1875