
    John M. Way vs. Samuel R. Townsend.
    No action lies against a magistrate to recover damages sustained by reason of his taking an invalid recognizance.
    Tort against the justice of the police court of Taunton for discharging a debtor, who had been arrested on an execution in favor of the plaintiff and brought before the defendant for examination, upon the recognizance referred to in Townsend v. Way, 3 Allen, 245, which it was contended was invalid. In the superior court, a demurrer to the declaration was sustained, and the plaintiff appealed to this court.
    
      
      T. H. Sweetser, for the plaintiff.
    
      S. R. Townsend, pro se.
    
   By the Court.

This case cannot be distinguished in principle from Chickering v. Robinson, 3 Cush. 543, and cases there referred to. Demurrer sustained.  