The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically, Vol. 2

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Excerpt from The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically, Vol. 2: With Practical Forms, and the Pleadings and Evidence to Support Them, Part IA witness summoned by commissioners of bankrupts under 6 Geo. IV. C. 16, s. 33, was required by them to read certain entries in a ledger, and on his refusal to do so was committed by them for refusing to answer a ques tion: holden, that the commitment was illegal, for a request to read was neither in form nor substance a question (isaac v. Impey, 10 B. Dz C. By 5 dz 6 Will. IV. C. 29, s. 25, the court of review and subdivision courts are declared to have been courts of record from the passing of 1 Gt 2 Will. IV. C. 56, but no single judge or commissioner was authorized by these statutes to impose a fine or commit for contempt, but any contempt of a single judge or commissioner was cognizable by the court of review. But now, by 5 dz 6 Vict. C. 122, s. 66, any commissioner of a court of bank ruptcy, authorized to act in the prosecution of any fiat directed to the court of bankruptcy, shall be deemed to be a court authorized to act in the pro secution of such a ¿at, and all matters and duties by this act directed or authorized to be done by the court of bankruptcy may be done by any one or more of the commissioners appointed or to be appointed by 1 dz 2 Will. IV. C. 56, and any court authorized to act in the prosecution of any ¿at in bankruptcy, now issued or hereafter to be issued, or in execution of any duty imposed, or to be imposed in such court, by this or any other set hereafter to be in force, shall have all the powers, rights, privileges and incidents of a court of record.Magistrates] No action can in general be sustained for any act, however erroneous, if it have the express sanction of the judgment or direction of any of the courts at Westminster Hall, or even by an inferior magistrate acting within the scope of his jurisdiction (marshalsea case, 10 Rep. 76 a Perkin v. Proctor, 2 Wile. 386, Ackerley v. Parkinson, 3 M. Dz 8. 411 Doswall v. Lmpey, 1 B. Dr 0. 169, N ichols v. Walker, Cro. Car. 395, Hill v. Bateman, 2 Stra. 711, Sherwin v. Holloway, ih. 1002, Brown v. Compton, 8 T. R. 424, Cave v. Mountain, 1 Man. Dz G. 257, Morrell v. Martin, 3 Man. Dz G. 281 4 Sec. N. R. 300, Mills v. Collett, 6 Bing. It would seem that no action of trespass will lie against a judge for what he does judicially though with malice (1 Ch. Pl. It has been held that the Lord Chancellor, sitting in bankruptcy, is not liable 'to an action for false imprisonment for committing the solicitor to the commission for not ohe ing an order (dicas v. Brougham (lord), 1 M00. R.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.