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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.

© 1849 Crown Copyright

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