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![handle is hein.slavery/ssactsengr0199 and id is 1 raw text is: CALDER V. HALKET [1839]
was in effect refused, the Court being of opinion that if it could admit the appeal
it had no power to require security for costs from the Crown.
In July 1839 a petition was presented to Her Majesty in Council for leave to
appeal against the Decree of the 4th February 1819.
The Attorney-General (Sir John Campbell) now moved for the admission of the
appeal under the general power of the Crown to admit appeals notwithstanding
the terms directed by the Charter had not been complied with (see Copy of Charter,
Clarke's Colonial Law, 594-597). He stated the delay to have been occasioned by
the necessity there had been of consulting the Government at home and the law-
officers of the Crown upon the legality of the sentence and the expediency of the
appeal.
Lord Brougham.-Their Lordships are all of opinion that this application is
too late. It is not a question of the sufficiency [28] of the security offered in the
Court below: of that, that Court would be the sole judge, Cambernon v. Egroignard
(1 Knapp, P.C. Cases, 251), but whether, two years having elapsed without any
proceedings being taken, the Crown shall now be let in to dispute a decision pro-
nounced in 1819. There is no greater right in the Crown, in a general case in-
volving its interests, to come in after such a delay, than there would be in any
ordinary subject. The question involved is certainly one of great importance, but
it may be raised in another case: it is too late to re-open this.
[Mews' Dig. tit. APPEAL,.I. RIGHT TO: GENERAL PRINCIPLES; also tit. COLONY,
III. APPEALS TO PRIVY COUNCIL, 1, 6 a; also tit. CROWN, 1; LAw OFFICERS. 1.
As to conditions of appeal to Privy Council from Mauritius, see Orders in
Council of April 13, 1831, and Dec. 12, 1894 (Mauritius Laws Rev. I. 97; Stat.
R. and 0. 1899, pp. 1693, 1701).]
ON APPEAL FROM THE SUPREME COURT OF JUDICATURE, AT
FORT WILLIAM, IN BENGAL.
JOHN CALDER,-Appellant; ROBERT CRAIGIE HALKET,--Respondent*
[Dec. 5, 1839; July 4, 8, 1840].
The 21st Geo. III., c. 70, s. 24, protecting Provincial Magistrates in India from
actions for any wrong or injury done by them in the exercise of their
Judicial Offices, does not confer unlimited protection, but places them on the
same footing as those of English Courts of a similar jurisdiction, and only
gives them an exemption from liability when acting bonn fide in cases in
which they have mistakenly acted without jurisdiction [3 Moo. P.C. 75].
Trespass will not lie against a Judge for acting judicially, but without juris-
diction, unless he knew, or had the means of knowing, of the defect of juris-
diction, and it lies upon the Plaintiff, in every such case, to prove that fact
[3 Moo. P.C. 77, 78].
This was an action of Trespass, brought by the Appellant against the Re-
spondent, in the Supreme Court [29] of Judicature, at Fort William, to recover
damages for the arrest and false imprisonment of the Appellant, by the Respondent,
in his character of Judge and Magistrate of the Foujdarry t Court of the Zillah
of Nuddeah, in Bengal.
The Appellant was the manager of a factory at Bayadangah, in the same Zillah,
belonging to Mr. David Andrews. Both the Appellant and Respondent were
* Present:-Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, the
Right Hon. Dr. Lushington.
t Criminal. [As to these Courts, see preamble to Bengal Reg. 9 of 1793; Re-
spondent's Case in Printed Cases, p. 5, Morley's Dig. xxxiii.]
III MOORE, 28](ViewImageLocal?handle=hein.slavery/ssactsengr0199&div=1&collection=&method=preview&ext=.png&size=3)