4. We must accept the finding. We cannot say that the Judge dealing with the whole evidence has omitted to take into account that the burden of proof was on the plaintiff.
5. The appeal is dismissed with costs.
[Section 43: When any action or prosecution shall he brought or any proceeding held
against any Police Officer for any act done by him in such
Plea that act was done capacity, it shall he lawful for him to plead that such act was
under a warrant. done by him under the authority of a warrant issued by a
Such plea shall be proved by the production of the warrant directing the act, and pur-
porting to be signed by such Magistrate, and the defendant
Proviso. shall thereupon be entitled to a decree in his favour, notwith-
standing any defect of jurisdiction in such Magistrate. No
proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason
to doubt its being genuine. Provided always that any remedy which the party may have
against the authority issuing such warrant shall not be affected by anything contained in