65a. It matters not what is known to the judge, if it is not known to him judicially. 3 Bulstr. 115; Best, Ev. Introd. 31, s. 38.65b. The decree (or act) of a court shall prejudice no man. Jenk. Cent. 118; C.L.M.65e. It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state that an end be put to litigation. 4 Coke, 15b; 5 Coke, 31a.65g. A judicial writ fails not through defect of form. Jenk. Cent. 43.65h. No court which has not a record can impose a fine, or commit any person to prison; because those powers belong only to courts of record. 8 Coke, 60.
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