(2) What is not sufficient.

(a) Submitting to detention under a misapprehension of the law
(b) A constable carried away to sea

What is a regular and sufficient warrant

The essentials of a criminal complaint and warrant

Officers protected by process, etc.

(3) Power to arrest without warrant to be exercised promptly

83

83

84

84

85

86

86

The term defined

What is probable cause to arrest a night-walker

Power of magistrates to imprison for breaches of ordinances
Power of magistrates to fix the place of imprisonment

Power to arrest in constables and police officers

Special patrolmen - Officers appointed for special duty in stores,
hotels, etc.-Liability of the person who pays them, etc.
Depot-masters not conservators of the peace at common law
Private persons appointed by magistrates - Minors appointed, etc.
Arrests by private persons upon view and information

Liability of a merchant for arrest upon view by his clerk

Private persons assisting officers

88

88

89

89

89

90

90

(2) Proceeding without jurisdiction of the subject-matter

(3) Irregular proceedings

(4) Abuse of process

(5) Proceedings without process

What is necessary to sustain the action

(1) Party not responsible for process issued without direction or
sanction

(2) Liability of justice, constable and prosecutor under void proceed-
ings

(3) Procuring a writ of ne exeat to issue on insufficient affidavit
Liability by ratification

Ratification may be express or implied

(1) A ratification held not sufficient

Liability of infants

(2) Person employing an officer for a lawful purpose not liable for
his wrong-doing

105

106

Ratification

107

Trespasser ab initio

107

No liability in employing an officer to perform a lawful act

In what cases the liability exists

Liability of parents and persons in loco parentis

Guardian and ward

Master and apprentice

Teacher and pupil

The criminal action.

Other similar relations

Liability of the captain and mate of a vessel for acts of discipline on
the high seas

Liability of keepers of charitable institutions
Liability of superintendents of asylums for the insane- Not acting
under legal adjudications

Restraint of insane persons

(2) Unauthorized detention of a harmless lunatic
Legal adjudications not necessary in every instance
A public investigation not always necessary
Further discussion of the subject

Effect of a judicial inquiry

Confinement in an asylum for the insane without judicial authority. 120
Liability of persons apprehending a lunatic without legal process
The right to apprehend and confine insane persons under legal adju-
dications.

126

126

Excess of jurisdiction and want of jurisdiction distinguished
Judges of superior courts, illegal sentence, imprisonment there-
under .

Judges of inferior courts, liable when

Judicial officers not liable for acts not in excess of their jurisdiction. 135
Reasons for the rule

The officer must act in his official capacity

A mayor as peace officer, not liable for ordering an arrest
The officer must act within his jurisdiction

Distinction between superior and inferior courts — Acting within their
jurisdiction

The rule applies to all judicial officers

Immunity from liability not affected by improper motives
Reasons for the rule.

Jurisdiction, when presumed and when not-Superior and inferior

courts

Superior courts

-

What is a superior court? .

Inferior courts - Jurisdiction never presumed

What is an inferior court?

Inferior courts - Justices of the peace - Jurisdiction never pre-

sumed

Judges of inferior courts

The common law affords to all inferior courts complete protection
Sufficiency of the complaint and warrant
Liability of judges of inferior courts in cases of doubtful jurisdiction 150
Reasons for the rule

The better rule .

Complaint failing to show where the offense was committed
Liability when jurisdiction is assumed through mistake of fact
(1) A justice exceeds his jurisdiction knowing the facts.

(2) Liability, complaint showing the statute of limitations had run
against the offense .

Judges of inferior courts acting under void and unconstitutional stat-

Liability of judicial officers acting ministerially

(1) Liability of justice acting ministerially - Agent for plaintiff
(2) Justice acting in good faith not liable for ministerial acts.
Liability Justice of the peace acting ministerially .

Ministerial acts-Corrupt motives

(1) A party not liable for the acts of the justice

(2) Issuing mittimus after suffering the defendant to go at large for

Liability

Liability of a justice of the peace in issuing process without authority
of party in interest
Service of process by unauthorized persons void - Liability of jus-
tice for proceeding under such service
Liability of a justice of the peace acting judicially
Liability for the abuse of legal process

(1) Liability of justice for abuse of process

(2) Use of criminal process to enforce the settlement of a debt
Liability of quasi-judicial officers

Quasi-judicial tribunals - Overseers of the poor
Arrests by officers: (1) With process; (2) Without process
The officer protected by process regular on its face
What is process regular on its face

160

160

161

162

162

172

172

An infant illegally arrested for debt - Regular process protects
When process regular on its face does not protect the officer
(1) Liability of officer under regular process

(2) Process issued by a court having jurisdiction of the subject-
matter Protects the officer

An officer's authority is derived from his writ
(1) Arrest of the right person by a wrong name
(2) Imprisonment by a wrong name

(3) Arrest of a person by a wrong name not sustained When it
might be.

Officer having process not required to examine into extrinsic matters 175
An officer protected by execution issued on a judgment obtained
by fraud

power

Notice to officer

(2) Arrest of a harmless lunatic at a camp-meeting, etc..
(3) Arrest without warrant - Right to a speedy trial - Abuse of

(4) Arrest of drunken rioters on view

Detention by officers under dead, void or voidable process.

(1) Irregular act of an officer - Dead process -
(2) Arrest on body execution after satisfaction of the judgment

(3) Execution against the body without judgment

(4) False imprisonment lies for an arrest under voidable process
Abuse of process.

(3) Object of the writ to extort money — No protection
Liability of executive officers for the acts of their deputies

(1) Irregular process — Liability of officer and complainant in crim-
inal cases - Abuse of process.

176

Private persons assisting officers in executing civil process
(1) Private persons called upon to assist a deputy-sheriff

Liability of sheriffs for the acts of their deputies

The acts of the deputy for which the sheriff is liable must be done

colore officio.

Liability of the sheriff to respond in exemplary damages for the con-
duct of his deputy .

190

191

192

192

193

194

Prosecutor must act in good faith

Not required to act from public motives

Persons directing the execution of legal process

(1) Liability of person causing the arrest of another

(2) Liability of person making complaint

(2) The person responding to the call for assistance does so at his
peril

.

Private persons assisting officers in the execution of criminal process 194
The rule of liability

Liability of a person assisting in the execution of a search-warrant
illegal on its face
Liability of persons who officiously, etc., assist officers in the execu-

Void process, if regular on its face, protects a private person appointed
by the magistrate to serve it

Detention under erroneous or void orders of court-Protection to

(1) Liability of persons acting under, etc., orders, etc.
(2) Imprisonment under order of court afterwards vacated
(3) Detention under a rescinded order

Prosecution in criminal cases — Liability

-

(1) Prosecutor's conduct - Reckless, unreasonable and without prob-

able cause

(2) Liability of prosecutor for illegal act of justice

(3) Ratification by prosecutor of an illegal arrest in a criminal case

(3) Inciting an officer to make an arrest on a void writ

A person who merely directs the attention of an officer to a violation

(1) Capias ad satisfaciendum issued after satisfaction of judgment 213
(2) Liability of attorney for acts of his clerk - Client's liability

(8) Liability of plaintiff in execution - Void writ.

(4) Execution upon void judgment - Liability of attorney and

Municipal corporations - The cardinal inquiry

(1) Municipality not liable for assault, etc.- By police, etc.
(2) Town not liable for false imprisonment, etc.- Ratification
(3) Liability of municipal corporation for acts of its officers
Liability for the torts of employees