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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.

N. Y.

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BOOK III.—OF PRIVATE WRONGS.

CHAPTER I.

Page

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OF THE REDRESS OF PRIVATE WRONGS, BY THE MERE ACT OF THE PARTIES 2 to 16 1. Wrongs are the privation of right; and are, I. Private. II. Public 2. Private wrongs, or civil injuries, are an infringement, or privation, of the civil rights of individuals, considered as individuals

3. The redress of civil injuries is one principal object of the laws of England

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, I. From the sole act of the party injured. II. From the joint act of all the parties

6. Of the first sort are, I. Defence of one's self, or relations. II. Recaption of goods. III. Entry on lands and tenements. IV. Abatement of nuisances. V. Distress-for rent, for suit or

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fil service, for amercements, for damage, or for divers statutable penaltiesmade of such things only as are legally distreinable; and taken and disposed of according to the due course of law. VI. Seizing of heriots, &c. 3-15 7. Of the second sort are, T. Accord. II. Arbitration

15, 16

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3 3. The general and public courts of common law and equity are, I. The court of piepoudre. II. The court-baron. III. The hundred court. IV. The

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ancient of record county court. V. The court of Com. held at eve mon Pleas. VI. The court of King's Bench. VII. The court of Exchequer far w VIII. The court of Chancery. (Which two last are courts of equity as well as law). IX. The courts of Exchequer-Chamber. X. The house of Peers. To which may be added, as auxiliaries, XI. The courts of Assise and Nisi Prius

32-60

CHAPTER II.

CHAPTER V.

18 to 21

OF REDRESS BY THE MERE OPERATION OF LAW 1. Redress effected by the mere operation of law, is, I. In case of retainer; where a creditor is executor or administrator, and is thereupon allowed to retain his own debt. II. In the case of remitter; where one, who has a good title to lands, &c., comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his ill-acquired possession

CHAPTER III.

18-21

22 to 25

OF COURTS IN GENERAL 1. Redress that is effected by the act both of law and of the parties, is by suit or action in the courts of justice 2. Herein may be considered, I. The courts themselves. II. The cogni. zance of wrongs, or injuries, therein, And of courts, I. Their nature and incidents. II. Their several species 3. A court is a place wherein justice is judicially administered, by officers delegated by the crown: being a court either of record, or not of record

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1. Ecclesiastical courts, (which were
separated from the temporal by Wil-
liam the Conqueror), or courts Chris-
tian, are, I. The court of the Arch-
deacon. II. The court of the Bishop's
Consistory. III. The court of Arches.
IV. The court of Peculiars. V. The
Prerogative court. VI. The court of
Delegates. VII. The court of Re-
view
62-68

2. The only permanent military court is
that of chivalry; the courts martial
annually established by act of Parlia-
ment, being only temporary
3. Maritime courts are, I. The court of
Admiralty and Vice-Admiralty.
II.
The court of Delegates. III. The
lords of the Privy Council, and others
authorized by the king's commission,
for appeals in prize-causes

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9. Injuries to health, by any unwhole-
some practices, are remedied by a
special action of trespass on the case,
for damages

10. Injuries to reputation are, I. Slan-
derous and malicious words. Reme-

dy by action on the case, for da-
mages. II. Libels. Remedy: the
same. III. Malicious prosecutions.
Remedy by action of conspiracy, or
on the case, for damages

11. The sole injury to personal liberty

is false imprisonment. Remedies: I.

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

:

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141-143

145-151
6. For the unlawful detaining of goods

lawfully taking, the remedy is also, I.
Actual restitution; by action of reple-
vin, 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 conse.
quential damage

8. Injuries to personal property, in ac-

tion, arise by breach of contracts, I.

Express. II. Implied

9. Breaches of express contracts are, I.

By non-payment of debts. Remedy:

1st. specific payment; recoverable by

action of debt. 2dly. Damages for non-

payment; recoverable by action on the

case. II. By non-performance of co-

venants. Remedy: by action of cove-

nant, 1st, to recover damages, in cove-

nants personal; 2dly, to compel per-

formance in covenants real. III. By

non-performance of promises, or as-

sumpsits. Remedy: by action on the

case, for damages

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