Reports of state trials Volume 4; New series

Press: RareBooksClub.com (May 11, 2012)
ISBN:9781231239148
Author Name:Committee, Great Britain State
Pages:610
Language:English

Content

This historic book may have numerous typos and missing text. 
Purchasers can download a free scanned copy of the original book (without typos) from the publisher.
Not indexed.
Not illustrated.
1892 Excerpt: ...the supreme authority, acting judicially as well as executively.
Now, is this consistent with his being liable to be sued in an action of debt? The doctrine of the inviolability of a governor is derived from the civil law; it is expressly provided for--"In jus vocari non oportet, neque consulem, neque prefectum, neque prcrtorem, neque proconsulan, neque cateros magistratus, qui imperium habent, qui coercere aliqucm possunt, et jubere in carcercm duci(b) ";--and has been adopted by the Spanish law,(c) which is the authority in Trinidad.
In Fabrigas v.
Mostyn,d) Lord Mamsfield, C.J., assigning the grounds of his judgment, says:--"Now in this case no other jurisdiction is shown even by way of argument; and it is most certain that if the King's court cannot hold plea in such a case, there is no other court upon earth that can do it, for it is truly said that the governor is in the nature of a viceroy, and of necessity part of the privileges of the King are communicated to him during the time of his government.
No criminal prosecution lies against him, and no civil action will lie against him; because, what would the consequence be? Why, if a civil action lies ngaint him, and a judgment obtained for damages, be might be taken up and put in prison on a capias; and therefore locally, during the time of his government, the courts in the island cannot hold plea against him." That was an action brought in England against a governor of Minorca for trespass and false imprisonment, and the very circumstance of its being held to lie in the courts here, clearly shows that it could not be brought in the courts there; the argument of the Lord Chief Justice is conclusive.
In Tandy v.
The Earl of Westmoreland,(e) an action was brought against the defendant...



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