The court of a justice of the peace has been held a court of record ; Pressler v. Turner, 57 Ind. 56 ; Fox v. Hoyt, 12 Conn. 491, 31 Am. Dec. 760 ; for the reason that it is bound to keep a record of its proceed ings and has power to fine and imprison; Hooker v. State, 7 Blackf. (Ind.) 272. But it has also been held contra; Snyder v. Wise, 10 Pa. 157; Searcy v. Hogan, Hempst. 20, Fed. Cas. No. 12,584a.
Justices of the peace are within the prin ciple that judicial officers are not liable for damages for judicial acts, and only on min isterial acts in cases of intentional violation of law or grOss negligence; Gannon v. Donn, 7 D. C. 264; Curnow v. Kessler, 110 Mich. 10, 67 N. W. 982. It was held that he is not liable for rendering a judgment and issuing an order of sale in an action on which he had no jurisdiction, unless he knowingly acted outside of it ; Anderson v. Roberts (Tex.) 35 S. W. 416 ; or unless be did not act in good faith ; Thompson v. Jackson, 93 Ia. 376, 61 N. W. 1004, 27 L. R. A. 92.
The refusal of a justice to approve an appeal is a ministerial act, for which an action will lie against him if he acted cor ruptly or maliciously; Legates v. Lingo, 8 FIoust. (Del.) 154, 32 Atl. 80.
If the action of a justice of the peace is strictly judicial and he has jurisdiction, he is not liable to a civil action, however, it may be as to criminal prosecution, though corruption is alleged ; Tyler v. Alford, 38
Me. 530; Garfield v. Douglass, 22 111. 100, 74 Am. Dec. 137; Furr v. Moss, 52 N. C. 525 ; Kress v. State, 65 Ind. 106.
All the acts of a justice of the peace from the commencement to the close of a suit seem to be considered judicial, rather than ministerial, so far as concerns questions of his responsibility ; 1 Bish. N. Cr. L. § 463, n. 3 ; Wertheimer v. Howard, 30 Mo. 420, 77 Am. Dec, 623; see State v. Dunnington, 12 Md. 340 ; but he is liable for exercising authority where he has none; Ely v. Thomp son, 3 A. K. Marsh. (Ky.) 70; where he acts upon inadequate allegation, but has juris diction over the subject-matter, he is not liable ; Stewart v. Hawley, 21 Wend. (N. Y.) 552.
As to the powers of justices of the peace, see 3 Ohio, L. J. 671; their jurisdiction ; 16 Am. St. Rep. 919, n.; summary jurisdiction; 3 L. Mag. & Rev. (N. S.) 1007; liability ; 15 Am. L. Rev. 492 ; 25 Am. Rep. 698-701, n. ; authentication of judgment ; 5 Am. L. Reg. 577; criminal examinations ; 9 Alb. L. J. 17, 133; 11 id. 36. As to the administration of this jurisdiction before there were justices of the peace, see JUSTICES IN EYRE.
Police magistrates were substitirted in Philadelphia by the constitution of 1873.
See, generally, Burn ; Davis; Graydon, Justice ; Bache, Justice of the Peace; Beard, Justice of the Peace (1904) ; Com. Dig.; 15 Viner, Abr. 3; Bacon, Abr.; AMENDS ; COURTS OF ENGLAND.