JUDGMENT

Francis W. Maclean, C.J. - The plaintiff is a zemindar residing in the District of Mymensingh. The defendant is a member of the Indian Civil Service, and, at the date of the transaction in question, was District Magistrate of Mymensingh. The plaintiff seeks to recover damages for a trespass alleged to have been committed by the defendant in searching the plaintiff's cutchchery at Jamalpur on the 28th of April 1907. The defendant, in substance, pleads not guilty by Statute and relies upon th6 Statutes to which reference will be made later on.

2. The facts appear to be these: For sometime previous to the 28th of April 1907 the state of feeling between the Hindus and Mahomedans at Jamalpur ran very high and there can be no doubt but that for some days the town had been in a condition of very great excitement. On the 28th of April 1907, the date of the search which undoubtedly took place on the afternoon of that day the defendant was at Mymensingh; and in consequence of a telegram, which he received from Mr. Barniville, the Sub-divisional Officer, and Mr. Luff man, the Head of the Police at Jamalpur, he left for Jamalpur and arrived there at about 10. o'clock in the morning. He