In all events, Kentucky later clarified that justices of peace had absolute immunity when issuing warrants because that is a judicial act.

"The general rule applicable to justices of the peace, as to all judicial officers, is that where the officer has jurisdiction of the person and of the subject-matter he is exempt from suit by private individuals for damages. so long as he acts within his jurisdiction and in a judicial capacity."

It is a familiar principle that an officer is protected in the execution of valid process, but, when the process itself is invalid, it affords no protection, the officer being treated as a trespasser from the beginning.

An officer acting in good faith, and in obedience to a warrant of arrest apparently regular, b. Where the warrant or writ is irregu. issued from a court having jurisdiction of the lar. subject-matter, is not liable for false imprisonment.

The question of the reasonableness of the delay in bringing her before the magistrate depends upon all the facts and circumstances, including the question of intoxication which, being in dispute, was for the jury.

It was Sunday that the arrest was made, and although, as contended by plaintiff, the Code confers upon magistrates in criminal proceedings the power to hold an examination upon the first day of the week, they are not required so to do

Some American jurisdictions lay down the rule that a Justice of the Peace or other inferior judge, is not liable unless he but

Wherein the court said: "If, as we have found, the justice of the peace was not liable for rendering the judgment, the constable was also protected by the judgment for all his acts, unless for a wilungly excessive levy and sale of property with intent to oppress the defendant in execution."

—this court, through Judge Hines, quoted approvingly Judge Cooley's statement of the Vol. 109] 31 SEPTEMBER TERM, 1900.

—though it is said that their functions are not judicial but administrative, liability is held to depend on proof of malice or corrupt motives; while in Stearns

[BOOK] Little Kingdoms: The Counties of Kentucky, 1850–1891

[CITATION] Constitutional Criminal Procedure: An Examination of the Fourth, Fifth and …