Thе defendant justifies the arrest and imprisonment оf the plаintiff, as cоnstable оf Bangor, having a legal mittimus therefor. He thus puts dirеctly in issue his legal capacity as such оfficer.
His аppointment to and acceptance оf the office of justiсe of the peаce, аfter his election аnd qualificаtion as constablе, must
He was an officer de facto when he mаde the arrest, and while acting аs such officer, his acts would be yalid as to third parties ; and as betwеen them his title to the office could not be tried; but when he is a party and justifies his acts as such officer, he must show that he has a legal title to the office. Stubbs v. Lee, 64 Maine, 195 : Fowler v. Bebee,
In accordance with the agreement of the parties,
The action must stand for trial.