1778-11-14 (static/transcriptions/1778/11/038.jpg)

1778. 4 Term. [Saturday] Nov. 14.

Ordinance passed according to the Statute of 13 G. 3. Ch. 63. by the Governor General and Council, and the Supreme Court of Judicature at Fort William in Bengal, which was register’d about July 1778.
It was agreed by all the Court that the Office not being Lawful at that time there must be Judgment for the Plaintiff, but the Cheif Justice said, and I and Chambers assented to it, that if it appear’d that all that was done was substantially just only very small dammages ought to be given, such as would not carry Costs: But in the Present Cause no aggravating circumstance was proved by the Plaintiff, but it was meerly proved that the Defendant knew he was imprison’d and order’d that Imprisonment to be continued. The defendant call’d no Witness to prove his Conduct was substantially just, and by the Plaintiff’s Witnesses it appear’d otherwise, for he appear’d to have been imprison’d on a very vague accusation of having received stolen Goods. We were therefore of Opinion
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