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Entered according to the Act of Congress in the year 1832, by CONTENTS

WILLIAM E. DEAN, In the Clerk's Office of the Southern District of New-York.

.

STEREOTYPED BY SMITH & WRIGHT,

216 Wm. st.

N. Y.

BOOK III.-OF PRIVATE WRONGS.

Page
CHAPTER I.

4. Incident to all courts are, a plaintiff,

Page defendant, and judge : and with us,
OF THE REDRESS OF PRIVATE WRONGS, there are also usually attorneys; and

BY THE MERE ACT OF THE Parties 2 to 16 advocates or counsel, viz. either bar.
1. Wrongs are the privation of right; risters, or serjeants at law

25 and are, I. Private. II. Public

2
2. Private wrongs, or civil injuries, are

CHAPTER IV.
an infringement, or privation, of the
civil rights of individuals, considered OF THE PUBLIC COURTS OF COMMON
as individuals
2 LAW AND EQUITY

30 to 60
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 pub.
land

3

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

ancient count

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

courts

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

32-60

15, 16

CHAPTER II.

CHAPTER Y.

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 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.

view

62-68 sion

18–21 2. The only permanent military court is

that of chivalry; the courts martial
CHAPTER III.

annually established by act of Parlia.
ment, being only temporary

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

TION

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

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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.

method

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 aris.

The 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 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

CHAPTER VII.

of prohibition

109-114

CHAPTER VIII.

OF THE COGNIZANCE OF Private

WRONGS

85 to 114 OF WRONGS, AND THEIR REMEDIES,

1. All private wrongs or civil injuries

RESPECTING THE RIGHTS OF PER-

are cognizable either in the courts

115 to 143

ecclesiastical, military, maritime, or 1. In treating of the cognizance of in-

those of common law

86 juries by the courts of common law,

2. Injuries cognizable in the ecclesias- may be considered, I. The injuries

tical courts are,

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,

dies in the several courts

115

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-

deprived

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

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 them

88-92 4. The instruments by which these re-

4. Mairimonial injuries are, I. Jactita: medies may be obtained, are suits or
Lion of marriage. Remedy: by suit actions; which are defined to be the
11. Subtrac.

legal demand of one's right: and
tion of conjugal rights. Remedy: by

these are, I. Personal. II. Real. III.

suit for restitution. III. Inability for

Mixed

116-118

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
plan y by suit for alimony

92-95 to the rights of property. And the

5. Testamentary injuries are,

I. Disput.

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-,

persons

118–119

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.

dy: by suit for the payment

95-98 (See Book 1. Ch. I). 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. 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-

capiendo

98-103 ferred to the next book

119

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-

mis, for damages

120

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153

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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

for damages

121 damages; by action on the case, for

10. Injuries to reputation are, I. Slan-

trover and conversion

151

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 conse.

11. The sole injury to personal liberty quential damage

153

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 :

recover damages

127-138 1st. specific payment; recoverable by

12. For injuries to private property, see action of debi. 2dly. Damages for non-

the next chapter.

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-
dians. IV. Masters

138 nant, Ist, to recover damages, in cove.
14. Injuries to 'an husband are, I. Ah. nants personal ; 2dly, to compel per-

duction, or taking away his wife. formance in covenants real. III. 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. Reme- government. II. From reason and the
dy: by action on the case, per quod

construction of law

158
consortiu:n amisit, for damages 1.39 11. Breaches of contracts implied 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-

them, and damages

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

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 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-

property

144 other's use. V. Of an insimul compu-

2. Personal property is either in posses. tassent, on an account stated; (the re-

sion, or in action

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 possession

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-

ceit) will lie

161-166

lawful detaining

144

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

AND FIRST

OF DISPOSSESSION, OR

a wrongful distress) is obtained by

OUSTER, OF THE FREEHOLD

167 to 197

action of replevin. Is. 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 on

IV. Waste. V. Subtraction. VI. Dis.

the case ; 2ndly, in case of other

turbance

167

unlawful takings, by action of tres-

2. Ouster is the amotion of possession ;

pass, or trover

145-151 and is, I. From freeholds. II. From

6. For the unlawful detaining of goods chattels real

167

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