General Part, Illustrations. (5)
19th Century Sir Frederick Pollock EnglishZ., not being a domestic servant, is charged before A., a magistrate, under a local regulation with “misbehaviour as a domestic servant,” and sentenced by him to imprisonment without proper investigation of the facts which show that Z. is not a domestic servant. A. has wronged Z., for though he may have believed himself to have jurisdiction, he could not under the circumstances so believe in good faith within the meaning of this section.
B. is accused of having stolen certain goods. A., a deputy magistrate, causes B.’s wife (against whom no evidence is offered) to be arrested and imprisoned for twenty-four hours, for the purpose, as it is suggested, of compelling B. to appear. A. has wronged B.’s wife, for he could not in good faith believe himself to have jurisdiction to arrest her.
A., a customs officer, purporting to act under the provisions of Act VI. of 1863, imposes a fine on B., who to A.’s knowledge is a foreigner residing out of British India, on the alleged ground that B. is interested in goods unlawfully imported in a vessel, of which B. is in fact owner. In B.’s absence A. seizes and sells goods of B.’s for the alleged purpose of satisfying the fine. A. does not, before these proceedings, take legal advice or give B. an opportunity of being heard. A. has wronged B., for under these circumstances, though he may have believed himself to have jurisdiction, he could not so believe in good faith within the meaning of this section.
A., a magistrate, makes an order for the removal of certain property of B.’s, acting on a mistaken construction of a local regulation. If the act is judicial, and the mistake such as a magistrate of ordinary qualifications might, in the opinion of the Court, entertain after fair inquiry and consideration, A. has not wronged B..
A local Act gives power to magistrates (among other things) to remove obstructions or encroachments in highways. A., a magistrate, makes an order purporting to be under this Act for the removal of certain steps in front of Z.’s house. If this order is in excess of the power given by the Act, A. has wronged Z., inasmuch as the proceeding is not a judicial one.
Protection of executive officers and persons executing legal duties.17. Where an act is done in a due or reasonable manner—
that act does not render the officer or other person so doing it liable as for a wrong.