Kemp v Neville
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1861 |
| Date | 12 June 1861 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 556
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S.:C. 31 L. J. C. P. 158; 4 L. T. 640; 7 Jur. N. S. 913; 10 W. R. 6 (sub nom. Ebon v. Neville). Adopted, Wildes v. Russell, 1866, L. R. 1 C. P. 741. See R. v. Williams, 1866, 15 L. T. 290; R. v. Maidenhead Corporation, 1882, 8 Q. B. D. 352; 9 Q. B. D. 494; Haggard v. Plicier, [1892] A. C. 66.
[523] keml- v. neville. June 12th, 1N6L. [S.:C. 31 L. Jf C. P. 158; 4 L. T. 640; 7 Jur. N. S. 91:5; 10 W. K. 6 (sub nom. Ebon v. Neville). Adopted, Wililex v. Huwdl, 1866, L. E. 1 C. P. 741. See E. v. Williams, 1866, 15 L. T. 290; R. v. Maiitenlteud Corporation, 1882, 8 (.,) B- L . 352; 9 Q. B. D. 494; Haggard v. Pelicier, [1892] A. 0. 66.] A judicial officer is not liable to be sued for an adjudication according to the best of his judgment upon a matter within his jurisdiction : and a matter of fact so adjudicated by him cannot be put in issue in an action against him.-To an action against the vice-chancellor of the university of Cambridge for assaulting the plaintiff', a (a) The points marked for argument on the part of the defendants were as follows :- " 1. That, upon the facts stated, it does not appear that the defendants are liable to pay to the .plaintiffs the sum sought to be recovered, or any part of it. "2. That;the plaintiff's were bound to pay their acceptance for 6001. at maturity, whether in the hands of the bankrupt's assignees or indorsees for value, and that nothing has subsequently occurred to make the defendants liable to refund that which they were at the time entitled to receive : " y. That, if the plaintiffs were not liable to pay the whole amount of the bill at maturity to the defendants, their exemption from rfuch liability must arise from a right of set-oft' or mutual credit, and that, by not availing themselves of it at the time, the plaintiff's havo lost that remedy, and must prove against tho bankrupt's eskite : "4. That, if the true nature of the contract between the bankrupt and the plaintiffs was, that the bankrupt should indemnify the plaintiffs against the consequence of accepting the bill of exchange in the event of the proceeds of the sale of the goods proving insufficient, the plaintiff's would have no right of action against the defendants, but the bankrupt still remains liable to the plaintiff's upon such contract of indemnity : "5. That, in no case can the action be maintained against the official assignee, the bill having been paid into the Bank of England to the credit of the accountant in bankruptcy, for the estate of the bankrupt." 10C.B. (N, S.)sa. KEMP V. NEVILLE 557 young female, and imprisoning her in a place caller! the Spinning House, and compelling her to take off' her clothes and put on a prison dress,-the defendant pleaded that, the proctors of the university, acting under the authority of the charter of the university (confirmed by act of parliament), having, upon & certain scrutiny, .search, and inquiry in the town and suburbs of Cambridge, found the plaintiff and (fivers other women assembled together in a certain carriage in company with certain scholars of the university, in a certain public street in the said town, and then reasonably anspecting the plaintiff of evil, that is to say, of being in company with the said scholars for idle, disorderly, and immoral purposes, had as officers of the university, and by command of the chancellor-, &c., arrested and apprehended the plaintiff, and }-ought her before the defendant, then being the vice-chancellor of the university, in order for her examination touching and concerning the premises : whereupon the defendant did then and there examine the plaintiff, and was thereupon satisfied of the matters aforesaid, and that the plaintiff had so boon in company with the said scholars for idle, disorderly, and immoral purposes, wherefore the = defendant caused the plaintiff to be punished by the imprisonment of her body for a reasonable time in that behalf, to wit, &e., in the place in the declaration mentioned, being a fit and proper and convenient place in that behalf; and that the compelling the plaintiff to take off her clothes, &c., was part of the reasonable discipline of the aaid .place of confinement then usual, &c.-By the charter, which was put in, the chancellor, &c. of the university were impowered " per seipsos, aut per eorum deputatos, officiarios, servientes, et ministros, sen per eorum aliquem sive aliquos, do tempore in tempus ad omtiia tempora, tarn in die quam in nocte, ad eorum bene-placitum, ex nune in perpetuum, ad faciendum scrutinium, scrutatkmem, et inquisi-tioiiem, tarn, per diem quam per noctem, quotiescunq. et quandocunq. eis videbitur, expedire in prajdicta villa CnntehrigiiB, et in suburbis ejusdem, &c., de et pro omnibus et publicis nutlieribus, prouubis, vagabondis, et aliis personis de malo suspectis, ad dictam villam et suburbia, ferias, mercatus, nundinas et loca puedicta, seu ad eorum aliquem veuientcs seu confluentes; ac omnes et sirigulas illaa personas quas iidem eaireellariis, magistri, et scholares, aut eorum successores, aut eorum cleputati, offleiarii, servientes, et mintatri, sen eorum aliqui seu aliquis, super aliquad hnjus-modi scrUtinium, scrutationem, sive inquisitionem, reas seu suspectas de malo, inveneEint pimiendi per imprisonamenta corporum suorum, bannitionem, et aliter, prout cancellario dietffi universitatis Cantebrigim, aut ejus vicemgerenti pro tempore : existent!; videbitur punire," &c.-The plaintiff and several other youngi women, residents' of Cambridge, being found by certain proctors of the university in an omnibus, in the town, in company with certain undergraduates, proceeding to a dance at a village a short distance from Cambridge, took the females to the Spinning-House, the usual place of confinement of the university. The plaintiff was there taken before the defendant (the vice-chancellor), who questioned her as to her residence and occupation, and as to who invited her to the party, &c., and ultimately, -without hearing any evidence upon oath, or malting any inquiry about the plaintiff : of certain persons to whom she wished to refer, and without any warrant in writing, -committed her to the Spinning-House for fourteen days, where she was deprived of her clothes, and forced to wear the prison dress. It was admitted that the defendant, throughout the proceeding complained of, acted bona fide and according to the best of his judgment and discretion.-Upon these facts, the following questions were submitted to the jury,-first, whether the proctor and the vice-chancellor had reasonable cause of suspicion that the plaintiff was in company with the undergraduates for idle, disorderly, and immoral purposes,-secondly, whether the vice-chancellor duly heard and examined the plaintiff,-thirdly, whether the place of imprisonment and the treatment of the plaintiff therein were proper and reasonable.-The jury found that the proctors had reasonable cause for suspicion ; that the defendant had not made due inquiry into the plaintiff's character, and that the punishment was undeserved; but that the complaint of the prison and the treatment therein was unfounded :-Held, that, upon this finding, the defendant was entitled to the verdict; for that, as the charter in express terms invested the vice-chancellor with authority to punish by imprisonment or otherwise as he should think fit, he thereby became invested with judicial authority, and a judge of a court of record, and entitled to all the protection attached by law to the judicial office.-Held also, that the jurisdiction to hear and determine and pass 558 KEMP V. NEVILLE 10 C. B. (N. 3.) K41 sentence of imprisonment attached when the proctors, being officers of the university, brought before the vice-chancellor for adjudication a person found by them in Cambridge, and apprehended by them as being a person suspected of evil, within the meaning of the charter ; and that, as the charter defined no form of proceeding, either for the hearing, or the determination, or the committal, an action of trespass could not be sustained for any of the judicial acts complained of.-Held also that, tkere being no express provision in the charter on the subject, the vice-chancellor was not bound to heat1 and examine upon oath ; and that the absence of a written warrant for the commitment of the plaintiff afforded no cause of action, The declaration in this case charged that the defendant caused an assault to be made on the plaintiff', and caused her to be unlawfully imprisoned and kept and detained in prison in a certain gaol or place of eonfiue-[524]-mont commonly called and known by the name of the Spinning House, for a long space of time ; and also caused the plaintiff to lie forced and compelled to take from her person the clothes which she was then wearing, and caused her said clothes to be taken away from her, and caused hee to be deprived of the use and enjoyment thereof for a long space of time, and caused her to be forced and compelled to put on certain other clothes of in inferior quality and description, and to wear the same during the aforesaid long space oE time, and caused the plaintiff to be in the said gaol or place of confinement forced and compelled to work and labour for divers long spaces of time whilst the plaintiff was imprisoned in the said gaol or place of confinement as aforesaid ; whereby the plaintiff was greatly bruised, wounded, and hurt, and was greatly injured and damnified in her reputation and character, and was otherwise greatly injured ; and other wrongs to the plaintiff the defendant did : claim 5001. The defendant pleaded,-first, not guilty. Secondly, that the chancellor and scholars of the university of Cambridge, from time whereof the memory of man is not to the contrary until the time of [525] making a certain act of parliament made and passed in the loth year of the reign of Queen Elizabeth...
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