Odger's English Common Law

474 TRESPASS TO THE PERSON.
in order to prevent his cousin establishing a claim as a freeholder, and who
in 1875 produced the evidence in order to prevent him claiming as a
leaseholder, it was held that the expulsion was wrongful ; such conduct
was not an interruption of the proceedings of the Court then being held
in 1875. *
Again, if one of the public, who has been invited to attend a public
meeting, disturbs the proceedings and is requested to leave the room, he
becomes a trespasser if he refuses to do so and may be gently expelled. 2
Where any one " comes into a house and disturbs the peace of the family
without actually committing any assault, the master of the house may turn
him out, or call a policeman to do so." 3
Railway companies are often authorised by their statutes to eject from
a railway carriage any person who has broken one of their by-laws and
refuses to pay the penalty demanded of him. But the by-law must be a
reasonable one. 4
It is also a statutory defence to a civil action for assault
that the plaintiff summoned the defendant for the same
assault before justices, who dismissed the complaint and
gave the defendant a certificate to that effect ; or that the
defendant was convicted and paid the fine imposed, and
received a certificate of conviction. 6
(iii.) Malicious Arrest.—An action lies at common law
against any man who puts the process of the law in motion
against another maliciously and without reasonable and
probable cause. The most familiar instance of the application
of this principle is the action for malicious prosecution, which
will be dealt with later on ;
6 another instance is the action
for malicious arrest, with which we must deal briefly here, as
it involves a trespass to the person. 7
If a debtor is about to leave the country, any creditor can
apply to a judge for an order to arrest him under section 6 of
32 & 33 Vict. c. 62. To obtain this order he must satisfy the
judge by evidence on oath that he has a good cause of action
against the debtor to the amount of £50 or upwards,
that there is probable cause for believing that the debtor is
i Willis v. Maclachlan (1876), 1 Ex. D. 376.
a See the Public Meeting Act, 1908 (8 Edw. VII. c. 66).
3 Per Lord Campbell, C. J., in Shaw v. Chairitie (1860), 3 Car. & K. at p. 25.
1 Chilton v. London and Croydon By. Co. (1847), 16 M. & W. 212 ; Eastern
Counties By. Co. v. Broom: (1851), 6 Exch. 314.
« 16 Vict. c. 30, s. 1 ; 24 & 25 Vict. c. 100, ss. 42—46.
See post, p. 546.
7 As to the malicious arrest of a ship by Admiralty process, see The Walter D.
Wallet, [1893] P. 202.