Report No. 104
Chapter 3
The Present Law
3.1. Scope of the Act of 1850.-
The Act of 1850 makes more definite provision as to the protection of judges than the earlier law1. In the first place, it covers all judicial officers, by enumerating them specifically. Secondly, it protects the judicial officers from suits, not only for acts done or ordered to be done by them in the discharge of their duties within the limits of their jurisdiction, but also for acts done beyond the limits of their jurisdiction, provided that, in the latter case, the officer, at the time of doing the act or ordering it to be done, in good faith believed himself to have such jurisdiction. Thirdly, the Act also protects persons acting in pursuance of the orders of a judicial officer, if acting in good faith, even if the judicial officer had no jurisdiction to pass the particular order.
1. For the earlier law, see Chapter 2, supra.
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