1778-02-14 (static/transcriptions/1778/02/016.jpg)

14th February 1778.

Attaram Sircar ……………. }
[Vs?] } Action of Trespass Vi & Armis; for
William Annesley Bailie Esqr} false Imprisonment and taking Goods
and Papers.

1. Plea not guilty
2. Plea – That the Trespass was not committed within four Years before the exhibiting the Plaint.
The Trespass was proved, to have been committed at Berhampore, above five Years ago.
The Lord Chief Justice in giving Judgment on the Plea of the Statute of Limitations pleaded in the above Cause said “This is an Action for a Trespass vi & armis brought against an English Gentleman; The Trespass is committed at Berhampore – Berhampore is not shewn to be a place over which either the late Mayor’s Court or the Court of Quarter Sessions held Jurisdiction. – It not being in proof that there was any court to which the Plaintiff could resort for redress before the Establishment of this Court, and this Court not having been yet established in this Country for the space of four Years, I am of Opinion that the Statute of Limitations is no bar in this Case; – Upon the Record though the Second Issue be found for the Defendant yet, as that is an immaterial Issue, Judgment must be entered for the Plaintiff.” To this Opinion Mr. Justice Hyde and I entirely assented.
R. C.