127Action for act done without or in excess of jurisdiction

127 Action for act done without or in excess of jurisdiction

(1)  An action against a justice for an act done by him in a matter –

(a) of which by law he has not jurisdiction; or

(b) in which he has exceeded his jurisdiction –

may be maintained by any person injured by that act or by any act done under any conviction or order made, or any warrant issued by the justice in that matter, in the same form and in the same cases as such an action might have been maintained before the passing of this Act.

(2)  In the statement of claim or plaint it is not necessary to allege that the act was done maliciously and without reasonable and probable cause.

(3)  No such action may be brought –

(a) for anything done under the conviction or order until after that conviction or order has been set aside, or has been quashed under Part XI ;

(b) for anything done under a warrant issued by the justice to procure the appearance of that person if the warrant has been followed by a conviction or order in the same matter until after that conviction or order has been set aside or has been quashed under Part XI ; or

(c) for anything done under a warrant issued by the justice to procure the appearance of that person if –

(i) the warrant has not been followed by a conviction or order in the same matter; or

(ii) the warrant was upon a complaint for an alleged indictable offence, and a summons had been issued previously to the warrant and duly served, and that person had not appeared according to the exigency thereof.