bring versus Adam and Wilkins officer justify in trespass assault and false  imprisonment the defendant justify the imprisonment for that Bristol be a  ancient borough and that upon the fifteen day of July will mark the defendant  Adam levy a plaint in the court there hold before the mayor and alderman of  Bristol de plea trans super case ad dam iiiil against the plaintiff bring and  declare for S to which bring plead non assumpsit and the jury give S damage  but the cost be for all which the defendant Adam bad his judgement and  thereupon sue out a can sa by virtue whereof the defendant Wilkins take the  plaintiff bring in execution c Comberbach er p the plaintiff confess the  plaint judgement and can sa and set forth a private Act of parliament make Feb  I will mark erect a court of conscience in Bristol to be hold before the mayor  alderman and commoncouncil or any three c to determine debt under S from which  there shall be no writ of error or appeal c Comberbach and if any such person  or person begin or prosecute any suit in any court at Westminster c against  any inhabitant of Bristol for damage c which shall appear at the trial to be  under S no judgement to be enter and if any be enter to be void and the  defendant to have cost aver that at the time c the plaintiff and defendant be  inhabitant of Bristol and therefore the judgement void the defendant rejoin  that at the time of the plaint the defendant below be indebt to he in that at  the trial and before judgement neither the plaintiff nor any other on his  behalf do pray the benefit of the say Act or give notice to the court thereof  the plaintiff demurrer sergeant gold argue for the plaintiff that this Act for  erect a court of conscience in Bristol be a public Act for that it concern  court of justice accord to the rule in holland S case   at least this law loci  and a general law at Bristol Bulstr franklin and green the Act it self do here  oblige the defendant be not oblige to pray that judgement be not enter for the  court be to take care of that ex duty Northi pro to ward off this be a private  statute by the rule of holland S case the replication here be insufficient but  the main point be whether they be oblige to take notice of this private Act  without plead it the case in Bulstr do not go so far for though they bad power  there to make bylaws yet they can not execute they without notice the  defendant shall have pray d the benefit of the Act for it do not appear the  party be inhabitant nor be it aver d that they be of the poor sort of people c  though it be declare that such judgement shall be void yet the process be not  void but the officer be justifiable thereby for it be not mean so to be void  as to make the officer a trespasser before it be regular avoid by writ of  error h Jones the party may wave the benefit of this private Act and the not  pray the benefit be a waver he shall have make a entry c the town may refuse  the Act for there be no coercive power upon they and non constat that the Act  be ever execute holt Ch I I take it that the person concern in interest in a  private statute must take notice of it at their peril even in the case of a  bylaw stranger that come to reside must take notice of it at their peril here  this be law loci at Bristol admit that the judgement be void without declare  it so then this false imprisonment in the plaintiff not in the officer as in  the case of turner and Felgate year in sergeant Glyn S time a judgement be  irregular obtain and the defendant S good take by be made fa and afterward the  Comberbach judgement be vacate the court hold that trespass will lie against  the plaintiff but not against the officer the jurisdiction of the court be  here take from they but the plaintiff ought to take some notice of it the not  aver that they be of the poor sort seem not to be material dolben I where the  court have a jurisdiction we can make their judgement void unless the party  appear to be within the Act of parliament holt Ch I if two stranger contract  in Bristol and some time after come to inhabit there quare whether the court  of conscience or the commonlaw court be entitle to the action Northi the right  be attach to the commonlaw in that case holt Ch I the action here be lie above  S the defendant can not plead the Act before verdict dolben I he may move in  arrest of judgement holt then out of court Northi the defendant there be by  the Act to have cost therefore shall make some entry holt Ch I the single  point in the case be whether the judgement be void to all Comberbach er p  intent or voidable the bind of a infant be void Self facto but he can take  advantage of that matter extrinsic without special plead by reason of the seal  and delivery so in case of dures and usury and now this term holt Ch I deliver  the opinion of the court that the action do not lie and that the judgement be  not like a judgement set aside as irregular obtain where this void ab  beginning so as nul tiel record may be plead but here it be only voidable so  that the execution be lawful and cite Inst for construction of statute  judgment pro to ward off