Imágenes de páginas

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.





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

an infringement, or privation, of the
civil rights of individuals, considered OF THE PUBLIC COURTS OF COMMON
as individuals


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

15, 16
and Nisi Prius






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

Prerogative court.

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-
ment, being only temporary


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
of prohibition



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

chattels real



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