
    S. F. Isaacs v. G. B. Camplin.
    Charleston,
    Feb. 1830.
    In an action of trespass for false imprisonment, the defendant may prove, under the general issue, that he was a constable, and arrested and detained the plaintiff by virtue of a legal warrant, vide Act of 1733. P. L. 135.
    Tried before Mr. Justice Gantt, at Coosawhatchie, Fall Term, 1829.-
    Trespass for false imprisonment. Plea, not guilty. The defendant-offered to prove, that he was a constable, and had arrested and detained the plaintiff by virtue of a legal warrant. This evidence was objected to, as inadmissible under the general issue; and that the justification ought» to have been pleaded specially. The presiding Judge overruled the objection, and the evidence was received ; whereupon the plaintiff took a non-suit, with leave to set it aside.
    Fuller, for plaintiff, now moved accordingly.
    R,. B. Smith, contra.
   Richardson, J.

delivered the opinion of the Court.

In this case there is no room for doubt, inasmuch as the act of 1733, has expressly provided, that in order to prevent vexatious suits against justices of the peace, bailiffs, constables, sergeants in the militia, and other officers, for any act done by them in pursuance and by virtue of the duties of their office, they may plead the general issue, not guilty, and give the special matter of their defence in evidence. P. L. 133. This motion must, therefore, be refused.  