WITH REFERENCES, BY A MEMBER OF THE PHILADELPHIA BAR. STANF VOL. II.-PART I. PHILADELPHIA: ROBERT H. SMALL, LAW BOOKSELLER AND PUBLISHER. 1851. Entered according to the Act of Congress, in the year 1851, BY ROBERT H. SMALL, In the office of the Clerk of the District Court for the Eastern District of Pennsylvania. 350620 PHILADELPHIA: KITE & WALTON, PRINTERS. PLEADING AND EVIDENCE; WITH PRACTICAL FORMS. FACTOR. See "BROKER," "Agent." FALSE IMPRISONMENT.(a) See "PUBLIC OFFICER." FORM OF REMEDY, p. 1. In General, p. 1.-Commissioners of Bankruptcy, p. 2.-Magistrates, p. 2.-No Information, p. 3.—No Conviction, p. 3.-Variance between Conviction and Commitment, p 3. -Warrant must show Jurisdiction, p. 3.—Where no Jurisdiction, p. 4.-Excess of Jurisdiction, p. 6.-Notice of Action, p. 7.-Other Parties, Constables, &c., p. 8.-Action against Private Persons, p. 9.-Ministerial Officer, p. 9.-Party charging Felony, p. 11.-Obtaining Warrant, p. 12.Without Warrant, p. 15.-When Process misapplied, p. 12.-When Writ regular, p. 13.-Arrest of Party Privileged, p. 13.-Breach of Peace, p. 13.-Disturbance in Church, p. 16.-Imprisonment by Military Officer, p. 15. FORM OF PLEADINGS, p. 15. Declaration, p. 15.-Venue, p. 15.—Damages, p. 16. Not Guilty by Statute, p. 18.-Justification under Process, p. 19.-On suspicion of Felony without Warrant, p. 21.Breach of Peace, p. 23.-Amends, Payment into Court, p. 24. Replication, p. 26.—Excess and New Assignment, p. 27. PRECEDENTS, p. 27. EVIDENCE FOR PLAINTIFF, p. 28. Proof of Imprisonment, p. 28.-Breach of Peace, p. 30.-Danger, p. p. 30.—Admission of Co-trespasser, p. 31.-Other Matters, p. 31. EVIDENCE FOR DEFENDANT, p. 33. Under General Issue by Statute, p. 33.-Arresting without Warrant, p. 34.-Costs, p. 37.-Witnesses, p. 38. (a) 2 U. S. Dig. Tit. "False Imprisonment," p. 418; 2 Supp. U. S. Dig. p. 1; 2 U.S. Ann. Dig. p. 134; 3 Id. p. 246. 1 FALSE IMPRISONMENT. Form of Remedy. TRESPASS is the only remedy for an illegal imprisonment, when not done under colour of legal process (Bandon v. Alloway, 11 Mod. 180). It is the form of remedy, also, when the imprisonment was in the first instance legal, but the deft. by an excess of authority or violence becomes a trespasser ab initio (Com. Dig: Trespass, C, 2; Bac. Abr. Trespass, B.). So, it lies for a wrongful imprisonment after the process is determined (Wythers v. Henley, Cro. Jac. 379): False imprisonment is an unlawful restraint on the liberty of the subject, either by confinement in a prison-house, &c., or even by forcible detention against the party's will in the street (Selw. N. P. 915; see Bird v. Jones, 15 Law J., Q. B. 82); and for this injury an action vi et armis lies, [*] usually termed an action for false imprisonment (Ib.); *as to what constitutes an arrest, see post, "MALICIOUS ARREST," "ESCAPE ON MESNE PROCESS;" and the action may be brought for an injury to relative rights thus, for the false imprisonment of a wife or servant (Ditcham v. Bond, 2 M. & S. 436; 9 Rep. 113; 10 Rep. 130; 1 Ch. Pl. 187); whereby a loss (that of society or service) though consequential was sustained (1 Ch. Pl. 187). If the imprisonment took place under colour of a legal proceeding, the plt.'s only remedy is by action on the case for the malice, if, indeed, there was malice (see post, "MALICIOUS ARREST;" and see, further, as to the form of remedy for an injury done under colour of process, post, "TREsPASS"). Exercising legal authority in a harsh or oppressive manner is not the subject of an action of trespass (Willis v. Bridger, 2 B. & A. 286, per cur.). Commissioners in Bankruptcy.] Commissioners of bankruptcy are not. liable for committing a person who does not answer to their satisfaction in an examination respecting the bankrupt's estate and effects (Doswall v. Impey, 1 B. & C. 163); but they cannot commit for giving an unsatisfactory answer to an immaterial question (Ex parte Baxter, 7 B. & C. 673). But A 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 question: holden, that the commitment was illegal; for a request to read was neither in form nor substance a question (Isaac v. Impey, 10 B. & C. 442). By 5 & 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 & 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. now, by 5 & 6 Vict. c. 122, s. 66, any commissioner of a court of bankruptcy, 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 prosecution of such a fiat, 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 & 2 Will. IV. c. 56; and any court authorized to act in the prosecution of any fiat 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 act hereafter to be in force, shall have all the powers, rights, privileges and incidents of a court of record. |