1787-11-13 (static/transcriptions/1787/11/308.jpg)
the case Exeter College; but it is otherwise where he mistakes in a thing within his Power, altho’ in that case there be no Appeal further.
Some Jurisdictions are limited in respect of the persons, as in the case of the Marshalsea, where the Parties ought to be of the Household, viz. in Debt and Covenant, both Parties; and in Trespass one of them, otherwise it is coram non [Indice? Judice?], vid 10 H. 6. 13. Br. Action on Stat’ Pl. ult’ 10 Co. 75, 77. Such Judgement may be avoided by Plea without a Writ of Error.
Other inferior Jurisdictions are limited in respect of the place, as the Jurisdiction of Justices of the Peace in relation to the Poor, is limited to make rater for the relief of them in their several Parishes; but if they tax the Parish of S. to the relief of the Poor of the Parish of D. -–that is an apparent exceeding of their Jurisdiction, and the Justice and the Officer are liable to an action, which is the reason of the Case of Nichols and Walker, bro. Car. 394. And of that sort also are inferior Courts in Corporations, where the Judge and Officer are liable or not, with this difference; where it appears, or may reasonably appear, to hem, that the cause arose out of their Jurisdiction, and yet notwithstanding they proceed, they are both liable to an Action; but it is otherwise where it doth not appear,
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