« AnteriorContinuar »
Entered according to the Act of Congress in the year 1839 oy
WILLIAM E. DEAN, In the Clerk's Office of the Southern District of New York.
BOOK III.-OF PRIVATE WRONGS.
4. Incident to all courts are, a p.aintif,
Page defendant, and judge : and with us, OF THE REDRESS OF PRIVATE WRONGS, there are also usually attorneys; and
BY TUE MERE ACT OF THE PARTIES 2 to 16 advocates or counsel, viz. either bar1. Wrongs are the privation of right; risters, or serjeants at law and are, I. Private. II. Public
2 2. Private wrongs, or civil injuries, aro
30 to 80 3. The redress of civil injuries is one 1. Courts of justice, with regard to
principal object of the laws of Eng. their several species, are, I. Of a publand
3 lic or general jurisdiction throughout 4. This redress is effected, I. By the the realm. II. Of a private or special mere act of the parties. II. By the jurisdiction
30 mere operation of law. III. By both 2. Public courts of justice are, I. The together, or suit in courts
courts of common law and equity. II. 5. Redress by the mere act of the par.
The ecclesiastical courts. III. The ties, is that which arises, I. From the military courts. IV. The maritime sole act of the party injured. II. From
30 the joint act of all the parties
3 3. The general and public courts of 6. Of the first sort are, I. Defence of common law and equity are, I. The
one's self, or relations. II. Recaption court of piepoudre. II. The court-ba. of goods. III. Entry on lands and ron. III. The hundred court. IV. The tenements. IV. Abatement of nuisan.
county court. V. The court of Com. It ces. V. Distressfor rent, for suit or 'mon Pleas. VI. The court of King's
service, for amercements, for damage, Bench. VII. The court of Exchequer. or for divers statutable penalties- VIII. The court of Chancery. (Which made of such things only as are legal- two last are courts of equity as well
ly distreinable ; and taken and dis. as law). IX. The courts of Exche. "posed of according to the due course
X. The house of of law. VI. Seizing of heriots, &c. 3-15 Peers. To which may be added, as 7. Of the second sort are, I. Accord.
auxiliaries, XI. The courts of Assise II. Arbitration
OF REDRESS BY THE MERE OPERATION OF COURTS ECCLESIASTICAL, Mill. OF LAW 18 to 21 TARY, AND MARITIME
62-68 1. Redress effected by the mere opera. 1. Ecclesiastical courts, (which were tion of law, is, I. In case of retainer;
separated from the temporal by Wil. where a creditor is executor or ad. liam the Conqueror), or courts Chrisministrator, and is thereupon allowed
tian, are, I. The court of the Arch. to retain his own debt. II. In the
deacon. II. The court of the Bishop's case of remitter; where one, who has
Consistory. III. The court of Arches. a good title to lands, &c., comes into
IV. The court of Peculiars. V. The possession by a bad one, and is there
VI. The court of upon remitted to his ancient good title, Delegates. VII. The court of Rewhich protects his ill-acquired posses. view sion
18-21 2. The only permanent military court is
that of chivalry; the courts martial
annually established by act of Parlia-
67 Or COURTS IN GENERAL
22 to 25 3. Maritime courts are, I. The court of Redress that is effected by the act Admiralty and Vice-Admiralty. II. both of law and of the parties, is by The court of Delegates. III. The
suit or action in the courts of justice 22 lords of the Privy Council, and others 2. Herein may be considered,' I. The authorized by the king's commission, courts themselves. II. The cogni. for appeals in prize-causes
68 zance of wrongs, or injuries, therein, And of courts, I Their nature and
CHAPTER VI. incidents. II. Their several species 23 3. A court is a place wherein justice is OF COURTS OF A SPECIAL JURISDICjudicially administered, by officers de
71 to 85 legated by the crown: being a court 1. Courts of a special or private juris. either of record, or not of record 23-24 diction are, I. The forest courts; in
Pago ruding the courts of attachments, re. Remedy ; by suit to remove them. gard, sweinmote, and justice-seat. II. The proceedings are in a summary The court of Commissioners of Sew
103-106 ers. III. The court of policies of as- 8. Civil injuries cognizable in the courts surance. IV. The court of the Mar.
maritime, are injuries, in their nature shalsea and the Palace Court. V.
of common law cognizance, but arisThe courts of the principality of ing wholly upon the sea, and not Wales. VI. The court of the duchy. within the precincts of any, county. chamber of Lancaster. VII. The The proceedings are herein also much courts of the counties palatine, and
conformed to the civil law
106-109 other royal franchises. VIII. The 9. All other injuries are cognizable only stannary courts. IX. The courts of in the courts of common law : of London, and other corporations :
which in the remainder of this book 109–114 which may be referred the courts of 10. Two of them aro, however, comrequests, or courts of conscience ; missible by these, and other, inferior and the modern regulations of certain courts; viz. I. Refusal, or neglect, of courts baron and county courts. X. justice. Remedies : by writ of proThe courts of the two Universities 71-85 cedendo, or mandamus. II. Encroach.
ment of jurisdiction. Remedy: by writ
109-114 OF THE COGNIZANCE OF PRIVATE
CHAPTER VIII. WRONGS
85 tn 114 OF WRONGS, AND THEIR REMEDIES, 1. All private wrongs or civil injuries RESPECTING THE RIGHTS OF PERare cognizable either in the courts
115 to 143 ecclesiastical, military, maritime, or 1. In treating of the cognizance of inthose of common law
86 juries by the courts of common law, 2. Injuries cognizable in the ecclesias. may be considered, 1. The injuries
tical courts are, I. Pecuniary. II. themselves, and their respective remeMatrimonial. III. Testamentary
87-8 dies. II. The pursuits of those reme3. Pecuniary injuries, here cognizable, dies in the several courts
115 are, I. Subtraction of tithes. For 2. Injuries between subject and subject, which the remedy is by suit to compel
cognizable by the courts of common their payment, or an equivalent; and law, are in general remedied by putalso their double value." II. Non-pay- ting the party injured into possession ment of ecclesiastical dues. Reme
of that right whereof he is unjustly dy : by suit for payment. III. Spo
115 liation. Remedy: by suit for restitu. 3. This is effected, I. By delivery of tion. IV. Dilapidations. Remedy: the thing detained to the rightful own. By suit for damages. V. Non-repair er. II. Where that remedy is either of the church, &c.; and non-payment impossible or inadequate, by giving the of church-rates. Remedy: by suit to party injured a satisfaction in damages 116 compel thern
88–92 4. The instruments by which these re4. Mairimonial injuries are, I. Jactita- medies may be obtained, are suits or
tion of marriage. Remedy: by suit actions; which are defined to be the for perpetual silence. II. Subtrac
legal demand of one's right: and tion of conjugal rights. Remedy: by
these are, I. Personal. II. Real. III. snit for restitution. III. Inability for Mixed
llo-118 the marriage state. Remedy: by suit 5. Injuries (whereof some are with, for divorce. IV. Refusal of decent others without, force) are, I. Injuries maintenance to the wife. Remedy: to the rights of persons. II. Injuries by suit for alimony
92-95 to the rights of property. And the £ Testamentary injuries are, Disput. former are, 1. Injuries to the absolute.
ing the validity of wills. Remedy: II. Injuries to the relative, rights of by suit to establish them.' II. Ob
118-119 structing of administrations. Reme- 6. The absolute rights of individuals dy: by suit for the granting them. are, I. Personal security. II. Pertil, Sabtraction of legacies. Reme. sonal liberty. III. Private property. dy: by suit for the payment
95-98 (See Book 1. Ch. 1). To which the 6 The course of proceedings herein is injuries must be correspondent
119 much conformed to the civil and canon 7. Injuries to personal security are, I. law: but their only compulsive pro- Against a man's life. II. Against cess is that of excommunication ;
his limbs. III. Against his body. which is enforced by the temporal writ IV. Against his health. V. Against of significavit or de excommunicato his reputation.
The first must be recapiendo 98-103 ferred to the next book
119 Civil injuries, cognizable in the court 8. Injuries to the limbs and body are, I. military, or court of chivalry, are, I.
Threats. II. Assault. III. Battery. Injuries in point of honour. Remedy: IV. Wounding. V. Mayhem. Re by suit for honourable amends. II. medy: by action of trespass mi et ar. Éncroachments in coat-armour, &c. mis, for damages
Page 9. Injuries to health, by any unwhole- lawfully taking, the remedy is also, I.
some practices, are remedied by a Actual restitution; by action of replespecial action of trespass on the case,
vin, or detinue. II. Satisfaction in for damages
121 damages; by action on the case, for 10. Injuries to reputation are, I. Slan
trover and conversion
161 derous and malicious words. Reme. 7. For damage to personal property, dy: by action on the case, for da- while in the owner's possession, the mages. II. Libels. Remedy: the remedy is in damages, by action of
III. Malicious prosecutions. trespass vi et armis, in case the act be Remedy: by action of conspiracy, or immediately injurious, or by action of on the case, for damages
123 trespass on the case, to redress conseu The sole injury to personal liberty quential damage
:53 is false imprisonnent. Remedies: 1. 8. Injuries to personal property, in ac. By writ of. Ist, inainprize ; 2ndly, tion, arise by breach of contracts, I. odio et atia ; 3rdly, homine replegiando ; Express. II. Implied
163 4thly, habeas corpus ; to remove the 9. Breaches of express contracts are, I. wrong. II. By action of trespass ; to By non-payment of debts. Remedy : recover damages
127-138 1st. specific payment; recoverable by 12. For injuries to private property, see action of debt. 2dly. Damages for nonthe next chapter.
paymert; recoverable by action on the 13. Injuries to relative rights affect, I.
II. By non-performance of co. Hushands. II. Parents. III. Guar.
venants. Remedy: by action of cove. dians. IV. Masters
138 nant, Ist, to recover darnages, in cove 14. Injuries to an husband are, I. Ab. nants personal ; 2dly, to compel per. duction, or taking away his wife. formance in coverants real. II. By Remedy: by action of trespass de non-performance of promises, or as. uxore rapta et abducta, to recover pos- sumpsits. Remedy: by action on the session of his wife, and damages. II. case, for damages
154-158 Criminal conversation with her. Re. 10. Implied contracts are such as arise, medy: by action on the case, for
I. From the nature, and constitution of damages. III. Beating her. Rerne- government. II. From reason and the dy : by action on the case, per quod construction of law
158 consortium amisit, for damages
139 11. Breaches of contracts implied in the 15. The only injury to a parent or guar. nature of government, are by the non
dian, is the abduction of their children, payment of money which the laws or wards. Remedy: by action of tres- have directed to be paid. Remedy: pass, de filiis, vel custodiis, raptis vel by action of debt; (which, in such abductis; to recover possession of cases, is frequently a popular, fre, thein, and damages
140-1 quently a qui' ram action to compel 16. Injuries to a master are, I. Relain- the specific payment; or sometimes
ing his servants. Remedy: by action by aciion on the case, for damages 158-16* on the case, for damages. II. Beat- 12. "Breaches of contracts implied in rea. ing them. Remedy: by action on son and construction of law, are by the the case, per quod servitium amisit ; non-performance of legal presumptive for damages
141-143 assumpsits : for which the remedy is
in damages; by an action on the case, CHAPTER IX.
on the implied assumpsits. I. Of a OF INJURIES TO PERSONAL PROPERTY quantum meruit. II. Of a quantum va1. Injuries to the rights of property, are
lebat. III. Of money expended for an eiher to those of personal, or real, other. IV. Of receiving money to an. property
144 other's use. V. Of an insimul compu2. "Personal property is either in posses- tassent, on an account stated; (the resion, or in action
144 medy on an account unstated being by 3. Injuries i personal property in pos
action of account). VI. Or perform session are, I. By dispossession. Il. ing one's duty, in any employment, By damage, while the owner remains with integrity, diligence, and skill. in possession
In some of which cases an action of 4. Dispossession may be effected, L. By deceit (or on the case, in nature of de. an unlawful taking II. By an un. ceit) will lie
161-106 lawful detaining
CHAPTER X. 5 For the unlawful taking of goods and
chattels personal, the remedy is, I. OF INJURIES TO REAL PROPERTY ; Actual restitution; which (in case of
OF DISPOSSESSION, OR a wrongful distress) is obtained by
OUSTER, OF THE FREEROLD 167 to 197 action of replevin. II. Satisfaction in 1. Injuries affecting real property are, I. damages : İst, in case of rescous, by Ouster. II. Trespass. III. Nuisance. action of rescous, pound-breach, or or.
IV. Waste. V. Subtraction. VI. Dis. the case; 2ndly, in case of other
turbance unlawful takings, by action of tres. 2. Ouster is the amotion of possession pass, or trove.
145–151 and is, I. From freeholds. II. From * For the unlawful detaining of goods