Burslem versus fern c b false imprisonment a attorney fill up the sheriff  warrant on a capias ad to answer after it be sign seal and send to he with a  blank this be have imprisonment the defendant justify under the sheriff  warrant direct to the gaoler and to one Samuel jordan and the defendant Josiah  fern upon a capias to take the defendant to answer Jos Jones in a plea of  trespass upon the case upon promise the plaintiff reply and traverse that the  sheriff make such warrant direct to the gaoler Samuel jordan and Josiah fern  the defendant take issue upon the traverse and upon the trial before Mr  justice Dennison at the assize in the Midland circuit it appear in evidence  that the attorney for Jos Jones send to the undersheriff for a warrant upon  the capias ad to answer sue out against Burslem that the undersheriff send to  Jones attorney a warrant thereupon direct to the gaoler and Samuel jordan with  a blank space for another bailiff name that Jones attorney without the privity  or knowledge of the sheriff or undersheriff put in the name of the defendant  fern after the warrant be seal and send to he at the instance and peril of the  plaintiff Jones as a special bailiff who thereupon arrest Burslem and carry he  to gaol for want of bail it also appear in many other county this method of  send blank warrant by sheriff to atorneys who send for the same be often  practice especial in the northern county as Mr justice Dennison himself say  and thereupon he be about to sum up the evidence and direct the jury to find a  Wilson king bench verdict for the defendant but at the press instance of  sergeant will the point be save and a case state as above for the opinion of  the court whether the issue be prove for the defendant it be insist by  sergeant Hewitt for the defendant that the issue be well prove for he and of  that opinion be the judge at the trial that although the case state that the  name of fern be put into the warrant after it be send to the attorney without  the privity or knowledge of the sheriff or undersheriff yet it do not state  that the attorney have not authority from the sheriff for that purpose and the  general usage of deliver out blank warrant to atorneys authorize this practice  the same kind of practice prevail in other case the filacers give out blank  writ and the plaintiff attorney constant fill they up after they be sign and  seal marriagelicences be give out to surrogates blank and fill up by they  after they be seal and so in many other instance the stat geo c S which recite  that whereas sheriff deliver out blank warrant and other warrant c to atorneys  for arrest person without have any writ c do not condemn the practice of  deliver out blank warrant but seem to allow the Wilson king bench er p same  and only condemns the deliver out of blank or any warrant by the sheriff  before he have receive the writ in a Westmorland case in b r upon a motion by  way of complaint against a attorney for fill up a warrant after it be send to  he exact like the present case the court do not censure the attorney but say  it be the constant usage this be mention by Mr I Dennison at the trial on the  other side it be say by sergeant will for the plaintiff that if this practice  be permit to go on it will be of have consequence for then instead of sheriff  officer who give security to do their duty plaintiff atorneys may put into  warrant man of infamous character who may be guilty of great oppression and  former the person who execute process be duly swear and admit for that purpose  to prevent oppression per curian absent birch I we have no doubt but this  practice ought to be condemned and although we do not punish atorneys for it  by grant attachment against they upon complaint yet we constant discharge the  party arrest by such warrant out of custody such warrant be always hold to be  illegal and if Burslem have kill fern in resist he it will not have be murder  because fern have no legal warrant to arrest he and a parcel of sailor who be  try before Mr justice Bathurst for kill a bailiff who have such a warrant as  the present for arrest one of they be acquit of murder as to the stat geo c S  we think it rather condemns Wilson king bench blank warrant than otherwise but  if it do not it leaves they as before the statute be make and we think such  warrant be always have as to filacers they be officer for that purpose and  they may authorize atorneys to fill up their writ as to surrogates we do not  know what they do but we be all very clear that the defendant have not prove  his issue and there must be judgement for the plaintiff