Page:The English Reports v90 1908.pdf/1010

1000

COUHTB

BOLT, S. B. 18(.

Halt C.J. A prohibition here is not to try the custom, arid after to serrd a consultation to proceed, as in the ~ccIesiastica1Court ; for here the Chancery wants original jurisdiction of the cause ; and yet if the pier-wardetis (who are chosen yearly by the custom) are no corporation, they catittot sue at law. We'll be tetider of matters which concern naviga~ion,but I know tiot how to intitle a Court of Equity to lay a charge on the King's subjects. The bill may he good for the discovery, but it is n a u ~ h for t the custom ; you must tiot proceed to try that there. 8. THE KING AND GREEN- Mich. 8

w.3.

Skin, 670. Serjeant Pemberton moved for a peremptory mandamus after a verdict in C. B. in an action on the case for a false return to a mandamus to inrol a chapel upon the Act for liberty of conscience; to which it was returned, that this was a consecrsted chapel of ease for the necessary use of the inhabitants of such a parish. But Holt C.J. said, that they could not take riotice here of a verdict in C. B. and the verdict ought to be, as he thought, here in B. B. and therefore he did not grant the motion.

11841 9. GROENTVELT wrszls BURWELL.Trin. 12 W. 3. [Referred to, Tildes v. ~ ~ ~ 1866, 1 1L. E. , 1 C. P. 742.1 1 Salk. 144, 200, 397.

The plaintiff being condemned, fined and imprisoned, by the censors of the CoIIege of Physicians, for adminiatrin~bad medicines ; the question was, whether error would lie on this judgment, or a certiorari? By Holt G.J. Error will not lie on the judgment, because their proceedings ar0 not according to the courae of the common law, but without indictment or format judgment. But a certiorari lies; for no Court can be intended exempt from the of the Kirig in this Court of King's Bench. It is a cortseque~iceof sup8rinten~~ncy every inferior jurisdiction of record, that their proceedings be removable itito this they keep themselves within the limits of Court, to inspect the record, and sea if: their jurisdictions. And its wherever a power is given to examine, hear and punish, it is a judicial power, and they i n whom 'tis reposed act as Judges; so where a jurisdictioxi i s erected with power to fine and imprison, that is a Court of Record, for the very lodging this power in them, makes them Judges of Record. But here rio action lies against the censors, because it is a wrong j~i~gmerIt in a matter within their jurisdiction ; and a Judge is not answerable for the mistakes of his judgment, in t j matter of which he has jurisdiction. 10. ANONYMUS, Pasch. 1 Ann.

1 Srllk. 201.

Far. 1, LutwL588. Far. 44. Cumb, 124. 2 Lev, 81.

If a jury in an Inferior Court wiil not agree on their verdict, they are, as in other Courts, to be kept without meat, drink, fire or candle, 'till they agree; arid the steward may from time to time adjourti the Court 'till they do agree, 11. HALLv m x ~ sHILL& AL, Mich. 1 Ann.

Farresl. 84, 85. A verdict and damages wer'e ohtairted for the plaintiff in a Court a t Bristol, of which the defendants were Judges; and the same day he has costs taxed by the town-clerk, arid takes out a capias against the principal ; and upon return thereof, a sci. fac. against the bail, who after the return of the second writ surrendered the