« 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.
(2. òf private or special jurisdiction
2. În action ; by breach of contracts
3. The rights of the crown
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.
maritime, are injuries, in their nature
The courts of the principality of ing wholly upon the sea, and not
The proceedings are herein also much
liation. Remedy: by suit for restitu- 3. This is effected, I. By delivery of
II. Where that remedy is either
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.
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
6. The course of proceedings herein is injuries must be correspondent
Against a man's life. II. Against
his limbs. II. Against his body.
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 :
16. Injuries to a master are, I. Relain-
the specific payment; or sometimes
action of replevin. Is. Satisfaction in 1. Injuries affecting real property are, I.
Ouster. II. Trespass. III. Nuisance.
IV. Waste. V. Subtraction. VI. Dis.
unlawful takings, by action of tres-
2. Ouster is the amotion of possession ;