« EdellinenJatka »
Entered according to the Act of Congress in the year 1832, by
WILLIAM E. DEAN, In the Clerk's Office of the Southern District of New-York.
STEREOTYPED BY SMITH & WRIGHT,
216 Wm. st.
For which the laws of England have provided redress
I. By the mere act of the parties,
II. By the mere operation of law,
III. By both together, or suit in courts; wherein
s 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. òf private or special jurisdiction
2. Of the cognizance of wrongs, in the courts-
1. Of the respective remedies, for injuries affecting
1. The rights of private persons
2. În action ; by breach of contracts
1. Ouster, or dispossession of
3. The rights of the crown
(2. Of the pursuit of remedies,
(1. By action at common law; wherein of
2. By proceedings in the courts of equity
BOOK III.-OF PRIVATE WRONGS.
4. Incident to all courts are, a plaintiff,
Page defendant, and judge : and with us,
BY THE MERE ACT OF THE Parties 2 to 16 advocates or counsel, viz. either bar.
25 and are, I. Private. II. Public
30 to 60
principal object of the laws of Eng. their several species, are, I. Of a pub.
lic or general jurisdiction throughout 4. This redress is effected, I. By the the redim. 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
3 courts of common law and equity. II. 5. Redress by the mere act of the par. The ecclesiastical courts. 111. 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. Or the first sort are, I. Defence of
common law and equity are, I. The one's self, or relations. II. Recaption court of Ricpoudre. II. The court-ba- of reorcha of goods. III. Entry on lands and
. The hundred court. IV. tenements. IV. Abatement of nuisan.
county court. V. The court of Com. held ab soling ces. V. Distress-for rent, for suit or mon Pleas. VI. The court of King's fint service, for amercements, for damage, Bench. VII. The court of Exchequer bane or meat
or for divers statutable penalties- VIII. The court of Chancery. (Which et. 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 Excheposed of according to the due course quer-Chamber. 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, T. Accord. auxiliaries, XI. The courts of Assise II. Arbitration
and Nisi Prines
OF REDRESS BY THE MERE OPERATION Of Courts ECCLESIASTICAL, Mill.
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 Chris. ministrator, and is thereupon allowed tian, are, I. The court of the Archto 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 Re. which protects his ill-acquired posses.
18–21 2. The only permanent military court is
that of chivalry; the courts martial
annually established by act of Parlia.
67 OF COURTS IN GENERAL
22 to 25 3. Maritime courts are, I. The court of 1. Redress that is effected by the act Admiralty and Vice-Admirally. 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 Or 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
cluding the courts of attachments, re- Remedy ; by suit to remove them.
gard, gweinmote, and justice-seat. II. The proceedings are in a summary
The court of Commissioners of Sew.
ers. III. The court of policies of as. 8. Civil injuries cognizable in the courts
maritime, are injuries, in their nature
shalsea and the Palace Court. V.
of common law cognizance, but aris.
The courts of the principality of ing wholly upon the sea, and not
The proceedings are herein also much
courts of the counties palatine, and
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 are, however, com-
requests, or courts of conscience; missible by these, and other, inferior
and the modern regulations of certain courts ; viz. I. Resusal, or neglect, of
courts baron and county courts. X.
justice. Remedies : by writ of pro-
The courts of the two Úniversities 71-85 cedendo, or mandamus. II. Encroach-
ment of jurisdiction. Remedy: by writ
85 to 114 OF WRONGS, AND THEIR REMEDIES,
1. All private wrongs or civil injuries
are cognizable either in the courts
ecclesiastical, military, maritime, or 1. In treating of the cognizance of in-
86 juries by the courts of common law,
2. Injuries cognizable in the ecclesias- may be considered, I. The injuries
I. Pecuniary. Il. themselves, and their respective reme.
Matrimonial. III. Testamentary,
87-8 dies. II. The pursuits of those reme-
3. Pecuniary injuries, here cognizable,
are, I. Subtraction of rithes. 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 put-
also 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-
liation. Remedy: by suit for restitu- 3. This is effected, I. By delivery of
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
88-92 4. The instruments by which these re-
4. Mairimonial injuries are, I. Jactita: medies may be obtained, are suits or
legal demand of one's right: and
these are, I. Personal. II. Real. III.
suit for restitution. III. Inability for
the marriage state. Remedy: by suit 5. Injuries (whereof some are with,
maintenance to the wife. Remedy: to the rights of persons. II. Injuries
92-95 to the rights of property. And the
former are, I. Injuries to the absolute.
ing the validity of wills. Remedy: II. Injuries to the relative, rights of
by suit to establish them. II. Ob-,
structing of administrations. Reme. 6. The absolute rights of individuals
dy : by suit for the granting them. are, I. Personal security. II. Per.
III. Subtraction of legacies. Reme- sonal liberty. III. Private property.
95-98 (See Book 1. Ch. I). To which the
6. The course of proceedings herein is injuries must be correspondent
Against a man's life. II. Against
his limbs. II. Against his body.
which is enforced by the temporal writ IV. Against his health. V. Against
of significavit or de ercommunicato his reputation. The first must be re-
98-103 ferred to the next book
7. 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, Rehbeitres
by sait for honourable amends. II.
Encroachments in coat-arınour, &c.
medy: by action of trespass vi et ar-
9. Injuries to health, by any unwhole- lawsully taking, the remedy is also, I:
some practices, are remedied by a Actual restitution; by action of reple-
special action of trespass on the case,
vin, or detinue. II. Satisfaction in
121 damages; by action on the case, for
10. Injuries to reputation are, I. Slan-
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
123 trespass on the case, to redress conse.
11. The sole injury to personal liberty quential damage
is false imprisonment." Remedies : 1. 8. Injuries to personal property, in ac.
By writ of, Ist, mainprize ; 2ndly, tion, arise by breach of contracts, I.
odio et atia ; 3rdly, homine replegiando; Express. II. Implied
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 :
127-138 1st. specific payment; recoverable by
12. For injuries to private property, see action of debi. 2dly. Damages for non-
paymert; recoverable by action on the
13. Injuries to relative rights affect, I.
case. II. By non-performance of co-
Husbands. II. Parents. III. Guar-
venants. Remedy: by action of cove-
138 nant, Ist, to recover damages, in cove.
duction, or taking away his wife. formance in covenants real. III. By
construction of law
nature of government, are by the non-
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-
140-1 quently a qui tam action) to compel
16. Injuries to a master are, I. Relain-
the specific payment; or sometimes
ing his servants. Remedy: by action by action on the case, for damages 158-161
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
141-143 assumpsits : for which the remedy is
in damages ; by an action on the case,
on the implied assumpsits. I. Of a
OF INJURIES TO PERSONAL PROPERTY quantum meruit. II. Of a quantum va-
1. Injuries to the rights of property, are lebat. III. Of money expended for an-
either to those of personal, or real,
other. IV. Of receiving money to an-
144 other's use. V. Of an insimul compu-
2. Personal property is either in posses. tassent, on an account stated; (the re-
144 medy on an account unstated being by
3. Injuries to personal property in pos- action of account). Vi. Of perform-
session are, I. By dispossession. II. ing one's duty, in any employment,
By damage, while the owner remains with integrity, diligence, and skill.
In some of which cases an action of
4. Dispossession may be effected, I. By deceit (or on the case, in nature of de-
an unlawful taking. II. By an un-
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
a wrongful distress) is obtained by
action of replevin. Is. Satisfaction in 1. Injuries affecting real property are, I.
Ouster. II. Trespass. III. Nuisance.
IV. Waste. V. Subtraction. VI. Dis.
the case ; 2ndly, in case of other
unlawful takings, by action of tres-
2. Ouster is the amotion of possession ;
145-151 and is, I. From freeholds. II. From
6. For the unlawful detaining of goods chattels real