Entered according to the Act of Congress in the year 1832 oy WILLIAM E. DEAN, In the Clerk's Office of the Southern District of New York. For which the laws of England have provided redress 1. By the mere act of the parties, II. By the mere operation of law, III. By both together, or suit in courts; wherein 1. Their nature and incidents, 2. Their several distinctions; viz. (1. Of public or general jurisdiction; as, 1. The courts of common law and equity, 2. Of private or special jurisdiction BOOK III.-OF PRIVATE WRONGS. CHAPTER I. Page 2 OF THE REDRESS OF PRIVATE WRONGS, 3. The redress of civil injuries is one 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 5. Redress by the mere act of the parties, is that which arises, From the sole act of the party injured. II. From the joint act of all the parties 2 3 3 3 3. The general and public courts of 6. Of the first sort are, I. Defence of 15, 16 30 30 32-60 CHAPTER II. CHAPTER V. 18 to 21 OF REDRESS BY THE MERE OPERATION .. CHAPTER III. 18-21 1. Ecclesiastical courts, (which were 22 to 25 3. Maritime courts are, I. The court of Or COURTS IN GENERAL Page uding 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 courts of requests, or courts of conscience; and the modern regulations of certain courts baron and county courts. The courts of the two Universities 71-85 CHAPTER VII. X. OF THE COGNIZANCE OF PRIVATE WRONGS 8. Civil injuries cognizable in the courts maritime, are injuries, in their nature of common law cognizance, but arising wholly upon the sea, and not within the precincts of any county. The proceedings are herein also much conformed to the civil law 106-109 9. All other injuries are cognizable only in the courts of common law of which in the remainder of this book 109-114 10. Two of them are, however, commissible by these, and other, inferior courts; viz. I. Refusal, or neglect, of justice. Remedies: by writ of procedendo, or mandamus. II. Encroachment of jurisdiction. Remedy: by writ of prohibition CHAPTER VIII. 109-114 85 to 114 Or WRONGS, AND THEIR REMEDIES, RESPECTING THE RIGHTS OF PER 1. All private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common law II. For 2. Injuries cognizable in the ecclesiastical courts are, I. Pecuniary. Matrimonial. III. Testamentary 3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. 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 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 state. Remedy: by suit for divorce. IV. Refusal of decent maintenance to the wife. Remedy: by suit for alimony 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. Reme dy: by suit for the payment 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 significavit or de excommunicato capiendo 86 87-8 88-92 92-95 95-98 98-103 Civil injuries, cognizable in the court military, or court of chivalry, are, I. Injuries in point of honour. Remedy: by suit for honourable amends. II. Encroachments in coat-armour, &c. 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 116 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. III. Mixed 116-118 5. Injuries (whereof some are with, 6. The absolute rights of individuals 8. Injuries to the limbs and body are, I. 119 119 120 9. Injuries to health, by any unwholesome practices, are remedied by a special action of trespass on the case, for damages 10. Injuries to reputation are, I. Slanderous and malicious words. Reme dy by action on the case, for damages. II. Libels. Remedy: the same. III. Malicious prosecutions. Remedy by action of conspiracy, or on the case, for damages The sole injury to personal liberty is false imprisonment. Remedies: Í. By writ of, 1st, mainprize; 2ndly, odio et atia; 3rdly, homine replegiando; 4thly, habeas corpus; to remove the wrong. II. By action of trespass; to recover damages Page 121 123 127-138 12. For injuries to private property, see the next chapter. 13. Injuries to relative rights affect, I. Husbands. II. Parents. III. Guar dians. IV. Masters 14. Injuries to an husband are, I. Abduction, or taking away his wife. Remedy by action of trespass de uzore rapta et abducta, to recover possession of his wife, and damages. II. Criminal conversation with her. Remedy by action on the case, for damages. III. Beating her. Rernedy by action on the case, per quod consortium amisit, for damages 15. The only injury to a parent or guardian, is the abduction of their children, or wards. Remedy: by action of trespass, de filiis, vel custodiis, raptis vel abductis; to recover possession of them, and damages : 16. Injuries to a master are, I. Retaining his servants. Remedy: by action on the case, for damages. II. Beating them. Remedy: by action on the case, per quod servitium amisit; for damages CHAPTER IX. 138 139 140-1 141-143 OF INJURIES TO PERSONAL Property 1. Injuries to the rights of property, are either to those of personal, or real, property 2. Personal property is either in possession, or in action 3. Injuries te personal property in pos session are, I. By dispossession. II. By damage, while the owner remains in possession 4. Dispossession may be effected, I. By an unlawful taking II. By an unlawful detaining 5 For 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 Jamages ist, in case of rescous, by action of rescous, pound-breach, or or. the case; 2ndly, in case of other unlawful takings, by action of trespass, or trove. 144 144 144 145-151 For the unlawful detaining of goods lawfully taking, the remedy is also, I. Actual restitution; by action of replevin, or detinue. II. Satisfaction in damages; by action on the case, for trover and conversion 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 the act be immediately injurious, or by action of trespass on the case, to redress consequential damage 8. Injuries to personal property, in action, arise by breach of contracts, I. Express. II. Implied Page 151 53 153 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 nants 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. II. From reason and the construction of law 158 11. Breaches of contracts implied in the nature of government, are by the nonpayment of money which the laws have directed to be paid. Remedy: by action of debt; (which, in such cases, is frequently a popular, fre quently a qui tam action) to compel the specific payment; or sometimes by action on the case, for damages 158-16 12. Breaches of contracts implied in reason and construction 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. III. Of money expended for an other. IV. Of receiving money to another's use. V. Of an insimul compu tassent, 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 |