(i) An illegal warrant is a justification only when regular on its face, *93and apparently within the jurisdiction of the court or magistrate issuing it. Fisber v. McGirr, 2 Gray, 45. Clark v. May, 2 Gray, 410, 413.

(6) The case referred to is Cornelius Bassett v. Wadsworth Mayhew & al. May Term 1763, which was an action of trespass for shooting the plaintiff, a deputy sheriff, in the leg, while he was endeavoring to arrest the defendant by virtue of the following warrant:

“ Dukes County ss : To the Sherriff of said County, his Under Sher-[seal.] “ riff of Deputy, Greeting. Whereas Robert Allen of Chill- “ mark in said County, Gentn. Has this Day appeared before “ the Justices of our Lord the King at His Majesty’s Court of “ General Self:s of The Peace, and made Complaint That he being in “ the Execution of his office as Corroner, at the House of Zacheus “ Mayhew Esq in Chillmark in the County aforesaid: Lawfully au “ thorized by a Mittimus to carry one Jerusha Mayhew to his Majesty’s “ Goal in Edgartown in said County, he was there opposed in his said “ Office by one Wadsworth Mayhew of said Chillmark by violently “ seizing the body of the said Jerusha & holding her, and Prevented his “ Carrying said Jerufha to his Majesty’s Goal: Which Doings of said “Wadsworth is Contrary to Law, &c. These are therefore in His “ Majesty’s Name, To Require You or Either of You forthwith to “ take the Body of the said Wadsworth (if he may be found in your “ Precinct), Against all Opposition to enter any House where you shall “ suspect him said Wadsworth to be, & to bring him forthwith before “ the Justices of Our Lord the King at his Majesty’s Court of Genral “ Seif:s of the Peace now Sitting in Self:s at Tilbury : So that he may “ be Dealt with According to Law in the Premises. Hereof fail not “ & make Return of this Writ with your Doings therein into f'd Court.

“ Dated at Tilbury The 26th Day of Octor. Anno Dom : 1762 & In “ the Third Year of his Majesty’s Reign.

“ Per Order of Court

“James Athearn Cler.”