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Entre according to the Act of Congress in the year 1839 og

WILLIAM E. DEAN, In the Clerk's Office of the Southern District of New York.

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BOOK III.—OF PRIVATE WRONGS.

CHAPTER I.

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Or Thk Redress Of Private WRonqs,

SY TUE HERB ACT OP THE Partirs 2 tO 16

1. Wrongs are the privation of right;

and are, I. Private. II. Public '3

2. Private wrongs, or civil injuries, are an infringement, or privation, of the civil rights of individuals, considered

ad individuals 2

3. The redress of civil injuries is one principal object of the laws of England 3

4. This redress is effected, I. By the mere act of the parties. II. By the mere operation of law. III. By both together, or suit in courts 8

5. Redress by the mere act of the parlies, is that which arises, I. From the sole act of the party injured. II. From

the joint act of all the parties 3

0. Of the first sort are, I. Defence of one's self, or relations. II. Recaption of goods. III. Entry on lands and tenements. IV. Abatement of nuisances. V. Distress—for rent, for suit or service, for amercements, for damage, or for divers statutable penalties— made of such things only as are legally distreinable; and taken aud disposed of according to the due course

of law. VI. Seizing of heriots, &c. 3-15 7. Of the second sort are, I. Accord. II. Arbitration 15, 16

CHAPTER IL

Or Redress By The Mere Operation Of Law , 18 to 21

1. Redress effected by the mere operation of law, is, I. In case of retainer; where a creditor is executor or administrator, and is thereupon allowed to retain his own debt. II. In the case of remitter; where one, who has a good title to lands, &c, comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his ill-acquired posses

18-21

CHAPTER III.

Or Courts In General 22 to 25

.. Redress that is effected by the act both of law and of the parties, is by suit or action in the courts of justice 22

2. Herein may be considered, I. The courts themselves. II. The cognitance of wrongs, or injuries, therein, And of courts, I. Their nature and incidents. II, 1 heir several species 23

S A court is a place wherein justice is judicially administered, by officers delegated by the crown: being a court either of record, or not of record 23-24

Pag*

'i. Incident to all courts are, a p.aintifT, defendant, and judge: and with us. there are also usually attorneys; and advocates or counsel, viz. either barristers, or Serjeants at law 2S

CHAPTER IV.

Or The Public Courts or Common
Law And Equity 30 to BO

1. Courts of justice, with regard to
their several species, are, I. Of a pub-
lic or general jurisdiction throughout
the realm. IL Of a private or special
jurisdiction 30

2. Public courts of justice are, 1. The courts of common law and equity. IL The ecclesiastical courts. III. The military courts. IV. The maritime courts 30

3. The general and public courts of common law and equity are, I. The court of piepoudre. II, The court-baron. III. The hundred court. IV. The county court. V. The court of Common Pleas. VI. The court of King's Bench. VII. The court of Exchequer. VIII. The court of Chancery. (Which two last are courts of equity as well as law). IX. The courts of Exchequer-Chamber. X. The house of Peers. To which may be added, as auxiliaries, XL The courts of Assise

and Niti Priui 32-60

CHAPTER V.

Or Courts Ecclesiastical, MiliTary, And Maritime 62-68

1. Ecclesiastical courts, (which were separated from the temporal by William the Conqueror), or courts Christian, are, I. The court of the Archdeacon. II. The court of the Bishop's Consistory. III. The court of Arches. IV. The court of Peculiars. V. The Prerogative court. VI. The court of Delegates. VII. The court of Review 62-69

2. The only permanent military court is that of chivalry; the courts msrtial annually established by act of Parliament, being only temporary 67

3. Maritime courts are, I. The court of Admiralty and Vice-Admiralty. II. The court of Delegates. III. The lords of the Privy Council, and others authorized by the king's commission,

for appeals in prize-causes 68

CHAPTER VI.

Or Courts or A Special JurisdicTion 71 to 8J

1. Courts of a special or private jurisdiction are, I. The forest courts; in Page

** uninc the courts of attachments, regard, sweinmote, and justice-seat. II. The court of Commissioners of Sewers. III. The court of policies of assurance. IV. The court of the Marshalsea and the Palace Court. V. The courts of the principality of Wales. VI. The court of the duchychamber of Lancaster. VII. The courts of the counties palatine, and other royal franchises. VIII. The stannary courts. IX. The courts of London, and other corporations :—to which may be referred the coyrts of requests, or courts of conscience; and the modern regulations of certain courts baron and county courts. JC The courts of the two Universities 71-85

CHAPTER VII.

Or The Cognizance or Private Wrongs 85 to 114

1. AH private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common taw 86

C. Injuries cognizable in the ecclesiastical courts are, I. Pecuniary. II. Matrimonial. HI. Testamentary 87-8

3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. For which the remedy is by suit to compel their payment, or an equivalent; and also their double value. II. Non-payment of ecclesiastical dues. Remedy : by suit for payment. III. Spoliation. Remedy: by suit for restitution. IV. Dilapidations. Remedy: By suit for damages. V. Non-repair of the church, &c.; and non-payment of church-rates. Remedy: by suit to compel them 88-92

4. Matrimonial injuries are, I. Jactitation of marriage. Remedy: by suit for perpetual silence. II. Subtraction of conjugal rights. Remedy: by suit for restitution. III. Inability for the marriage slate. Remedy: by suit for divorce. IV. Refusal of decent maintenance to the wife. Remedy:

by suit for alimony 92-95 sV Testamentary injuries are, I. Disputing the validity of wills. Remedy: by suit to establish them. II. Obstructing of administrations. Remedy: by suit for the granting them. III. Subtraction of legacies. Remedy: by suit for the payment 95-98 6 The course of proceedings herein is much conformed to the civil and canon law: but their only compulsive process is that of excommunication; which is enforced by the temporal writ of significant or dt excommunicato capiendo 98-103 . Civil injuries, cognizable in the court military, or court of chivalry, are, L Injuries in point of honour. Remedy: suit for honourable amends. II. ents in coat-armour, ice.

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Remedy; by suit to remove them. The proceedings are in a summary method 103-106

8. Civil injuries cognizable in the courts maritime, are injuries, in their nature of common law cognizance, but arising wholly upon the sea, ana not within the precincts of any county. The proceedings are herein also much conformed to the civil law 106-100

9. All other injuries are cognizable only in the courts of common law: of which in the remainder of this lx>ok 109-114

10. Two of them arc, however, commissible by these, and other, inferior courts; vis. I. Refusal, or neglect, of justice. Remedies: by writ of procedendo, or mandamus. II. Encroachment ofjurisdiclion. Remedy: by writ

of prohibition 109-114

CHAPTER VIII.
Or Wrongs, And Their Remedies,

RESPECTING THE RIGHTS OF PER-
SONS 115 to 143

1. In treating of the cognizance of in-
juries by the courts of common law,
may be considered, I. The injuries
themselves, and their respective reme-
dies. II. The pursuits of those reme-
dies in the several courts 115

2. Injuries between subject and subject, cognizable by the courts of common law, are in general remedied by putting the party injured into possession of that right whereof he is unjustly deprived 115

3. This is effected, I. By delivery of the thing detained to the rightful owner. II. Where that remedy is either impossible or inadequate, by giving the party injured a satisfaction in damages 110

4. The instruments by which these remedies may be obtained, are suits or actions; which are defined to be the legal demand of one's right: and these are, I. Personal. II. Real. HI. Mixed UU-118

5. Injuries (whereof some are with, others without, force) are, I, Injuries to the rights of persons. II. Injuries to the rights of property. And the former are, I. Injuries to the absolute. II. Injuries to the relative, rights of persons 118-119

6. The absolute rights of individuals are, I. Personal security. II. Personal liberty. III. Private property. (See Book I. Ch. I). To which the injuries must be correspondent 110

7. Injuries to personal security are, I. Against a man's life. II. Against his limbs. HI. Against his body. IV. Against his health. V. Against his reputation.—The first must be referred to the next book 119

6. Injuries to the limbs and body are, I. Threats. II. Assault. III. Battery. IV. Wounding. V. Mayhem. Re medy: by action of trespass n tt armis, for damages 120 Page

°. Injuries to health, by any unwholesome practices, are remedied by a special uction of trespass on the cane, for damages 121

10. Injuries to reputation are, I. Slanderous and rnwlicious words. Remedy: by action on the case, for damages. II. Libels. Remedy: the same. 111. Malicious prosecutionsRemedy: by action of conspiracy, or on the case, for damages 123

ti The sole injury to personal liberty is false imprisonment. Remedies: 1. By writ of, 1st, mainprise; 2ndly, odio et atia; 3rdly, homine replegiando; 4thly, habeas corpus; to remove the wrong. II. By action of trespass; to recover damages 127-138

12. For injuries to private property, see the next chapter.

13. Injuries to relative rights affect, I. Husbands. II. Parents. III. Guardians. IV. Masters 138

14. Injuries to an husband are, I. Abduction, or taking away his wife. Remedy: by uction of trespass ds uxors rapta et abducta, to recover possession of his wife, and damages. II. Criminal conversation with her. Remedy: by action on the case, for damages. HI. Beating her. Remedy: by action on the case, per quod consortium amisit, for damages 139

15. The only injury to a parent or guardian, is the abduction of their children, or wards. Remedy: by action of trespass, de Jitiis, vel custodiis% raptis vel abductit; to recover possession of them, and damages 140-1

16. Injuries to a master are, 1. Retaining his servants. Remedy: by action on the cose, for damages. II. Beating them. Remedy: by action on the case, per quod servitium amisit;

for damages 141-143

CHAPTER IX.

Or Injuries To Personal Property

1. Injuries to the rights of property, are ei'fier to those of personal, or real, property 144

2. Personal property is either in possession, or in action 144

3. Injuries u personal property in pos session are, I. By dispossession. II. By damage, while the owner remains in possession

4. Dispossession ma) be effected, L By an unlawful taking II. By an unlawful detaining 144

5 F or the unlawful taking of goods and chattels personal, the remedy is, I. Actual restitution; which (in case of a wrongful distress) is obtained by action of replevin. II. Satisfaction in damages: 1st, in case of rescous, by action of rescous, pound-breach, or on the case; 2ndly, in case of other unlawful takings, hv action of trespass, or trove. 145-151

9 For the unlawful detaining of goods

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lawfully taking, the remedy it also, L Actual restitution; by action of replevin, or detinue. 11. Satisfaction in damages; by action on the case, for trover and conversion 151

7. For damage to personal property, while in the owner's possession, the remedy is in damages, by action of trespass vi et armis, in case lb* act be immediately injurious, or by action of trespass on the case, to redress consequential damage '. 53

8. Injuries to personal properly, in action, arise by breach of contracts, I. Express. II. Implied 163

9. Breaches of express contracts are, I. By non-payment of debts. Remedy: 1st. specific payment; recoverable by action of debt. 2dly. Damages for nonpayment; recoverable by action on the case. II. By non-performance of covenants. Remedy: by action of covenant, 1st, to recover damages, in cove nan Is personal ; 2dly, to compel performance in covenants real. III. By non-performance of promises, or assumpsits. Remedy: by action on the case, for damages 154-158

10. Implied contracts are such as arise, I. From the nature, and constitution of government. 11. From reason and the construction of law 158

11. Breaches of contracts implied in the nature of government, are by the non

Sayment of money which the laws ave directed to be paid. Remedy: by action of debt; (which, in such cases, is frequently a popular, frequently a qui tarn action) to compel tne specific payment; or sometimes by action on the case, for damages 158-10'

12. Breaches of contracts implied in reason and (''instruction of law, are by the non-performance of legal presumptive assumpsits: for which the remedy is in damages; by an action on the case, on the implied assumpsits. L Of a quantum meruit. II. Of a quantum valebat. HI. Of money expended for an other. IV. Of receiving money to another's use. V. Of an insimul computassent, on an account stated; (the remedy on an account unstated being by action of account). VI. Of performing one's duty, in any employment, with integrity, diligence, and skill. In some of which cases an action of deceit (or on the case, in nature of deceit) will lie 161-104

CHAPTER X.

Or Injuries To Real Property; And First or Dispossession, Oe Ouster, or The Frkeholu 107 to 197

1. Injuries affecting real property are, I. Ouster. II. Trespass. III. Nuisance. IV. Waste. V. Subtraction. Vi. Disturbance itr*

2. Ouster is the amotion of possession and is, I. From freeholds. II. From

si 167

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