JUDICIAL PROCEEDINGS. Proceed ings relating to, practised in, or proceeding j from, a court of justice.
2. Conclusive presumptions are made in favor of judicial proceedings. Thus, it is an undoubted rule of pleading that nothing shall be intended to be out of the jurisdiction of a superior court but that which is so ex pressly alleged: 1 Saund. 74 ; 10 Q. B. 411, 455-459. So, also, it is presumed, with re spect to such writs as are actually issued by the superior courts at Westminster, that they are duly issued, and in a case in which the courts have jurisdiction, unless the contrary appears on the face of them ; and all such writs will of themselves, and without any further allegation, protect all officers and others in their aid acting under them ; and this, too, although they are on the face of them irregular, or even void in form. 6 Coke, Q 54 a; 10 Q. B. 411, 455-459.
3. The rule is well settled by the authori ties, that words spoken in the course of judi cial proceedings, though they are suoh as impute crime to another, and therefore if spoken elsewhere would import malice and be actionable in themselves, are not action able if they are applicable and pertinent to the subject of inquiry. And this extends not merely to regular courts of justice, but to all inquiries before magistrates, referees, muni cipal, military, and ecclesiastical bodies ; and they are only restrained by this rule, viz.: that they shall be made in good faith to courts or tribunals having jurisdiction of the subject, and power to hear and decide the matter of complaint or accusation, and that they are not resorted to as a cloak for private malice. The question, therefore, in such cases is, not whether the words spoken are true, not whether they are actionable in themselves, but whether they were spoken in the course of judicial proceedings, and whether they were relevant and pertinent to the cause or subject of inquiry. Heard, Lib. & S. 101,
102. The rule that no action will lie for words spoken or written in the course of any judicial proceeding, has been acted upon from the earliest times. In 4 Coke, 14 b, it was adjudged that if one exhibits articles to jus tices of the peace, "in this case the parties shall not have, for any matter contained in such articles, any action upon the case, for they have pursued the ordinary course of justice in such cases ; and if actions should be permitted in such cases, those who have just, cause for complaint would not dare to complain, for fear of infinite vexation." And it has been very recently decided that though an affidavit made in a judicial proceeding is false, slanderous, and malicious, no action will lie against the party making it. 18 C. B.126; 4 Hurlst. & N. Exch. 568. e 4. The general rule is subject to this quali fication : that in all cases where the object or occasion of the words or writing is redress for an alleged wrong, or a.proceeding in a tribunal or before some individual or associ ated body of men, such tribunal, individual, or body must be vested with authority to render judgment or make a decision in the case, or to entertain the proceedings, in order to give them the protection of privileged communi cations. This qualification of the rule runs through all the cases where the question is involved. Heard, Lib. & S. 104.