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If he took it in the right of another, when he has shown the cause, he is to make conusance of the taking, as being a bailiff or servant to him in whose right he did it.
It is not material whether he hath a court or no; all the matter is, whether he hath a jurisdiction; if he hath conusance of the matter and person, and he gives a sentence, it must have some effect to make a vacancy, be it never so wrong.