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OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS. - (continued.) PAGL

injuries against a man's personal security are:
1. affecting his life, to be hereafter considered,...

119
2, 3. affecting his limbs or body, which may be by threats of bodily harm,
by assault, by battery, by wounding, or by mayhem,.

120

4. affecting his health by unwholesome practices, ..

121

6. affecting his reputation,

123

which may be by slander,..

123

or by libel,.....

125

or by malicious prosecution,.

126

injuries against a man's personal liberty are by false imprisonment,.

127
to remove which the remedies are, 1, by writ of mainprize; 2, by writ de odio

et atia; 3, by writ de homine replegiando; 4, by writ of habeas corpus,.. 128

of which the last is the principal,.

129

the habeas corpus act,..

135

damages may also be recovered in an action of trespass,

138

injuries to private property are considered hereafter,.

188

injuries to relative rights affect:

I. husbands, and may be,

1. abduction, or taking away his wife, for which he may recover

damages,

189

2. adultery, for which trespass or action on the case will lie,.... 189
3. beating or ill-treating the wife, for which husband and wife join

in suing, or the husband may sue separately for loss of services, 140
II. parents, by the abduction of children,.

140
III. guardians, when their wards are stolen or ravished away from them,. 141
IV. masters, and these are:

1. retaining a man's hired servant before his time has expired,.... 142
2. beating him, per quod servitium amisit,...

142
8. to which may be added the seduction of his female servant, 143n
the remedy for each is an action for damages,..

142

1

CHAPTER IX.

OF INJURIES TO PERSONAL PROPERTY,...

144-166
personal property is either in possession or in action,

144
the injuries to rights thereto are either by deprivation of possession, or by abuse

or damage to the chattels while the owner continues in possession,.. 145

1. in case of an unlawful taking, remedy to restore the property may be

bad by replevin,.....

145

which was formerly applicable only to distress,

145
damages may be recovered instead,.

151
2. for an unlawful detainer of goods, remedy to recover possession may
be by replevin or detinue,.

161
or damages may be recovered in trover,.

162

for injuries to property in the owner's possession, the remedies are:

1. by action of trespass, where the act was immediately injurious to the

property,

153

2. by action on the case, where the injury was only consequential,. 154
injuries to rights in action are by breach of contract, .

154
contracts are express or implied,...

154
express, include debts, covenants and promises,..

154
a debt is a sum due by certain and express agreement,.

154
for which action of debt or on the case may be brought,.

155
& covenant is an undertaking by deed,..

156
remedy for breach, an action of covenant to recover damages,. 157
or, in case of covenant real, to compel performance,.

157
who may take advantage of covenants,..

158
a promise is in the nature of a verbal covenant,.

158
remedy for breach, an action of assumpsit,.

158
certain promises required by the statute of frauds to be in writing... 159
implied contracts are such as reason and justice dictate and which

therefore the law presumes the man has contracted to perform,... 160

of which are, 1, those arising from the nature and constitution of

government,

160

as to pay judgments, penalties, &c.,.

160

2. those which arise from natural reason and the just construction

of law,.

162

OF INJURIES TO PERSONAL PROPERTY.-(continued.)

PAQE,
as 1. to pay quantum meruit for labor,

162
2. to pay quantum valebat for goods,..

163
3. to account for money had and received to the use of another, 163
4. to repay money laid out and expended for one's own use,. 163
6. to pay the balance on an account stated,

164
6. to perform one's duty in any undertaking,...

165
in some cases, also, there is an implied warranty on sales,......

166
in all these cases an action lies on the implied assumpsit,

166
and sometimes an action of deceit,..

166

CHAPTER X.

Or INJURIES TO REAL PROFERTY; AND FIRST OF DISPOSSESSION OR OUSTER OF THE

FREEHOLD,

167-197

injuries affecting real property are, 1. ouster; 2. trespass; 3. nuisance; 4. waste

5. subtraction; 6. disturbance,.

167

ouster or dispossession may be

1. by abatement, where, on death of the person seized, a stranger enters

before the heir,

168

2. by intrusion, where after a particular estate is determined, a stranger
enters before the remainder man or reversioner,..

169
8. by disseisin, which is a wrongful putting one out of possession,

169
4. by discontinuance, which is where tenant in tail or husband of tenant

in fee makes a larger estate of the land than he is entitled to....... 171
8. by deforcement, which is where the entry was originally lawful, but
the detainer is become unlawful,...

172
the remedies for these wrongs are,

I peaceable entry, which is applicable only to the first three cases,. 175
and the right of which may be tolled,...

176
and which must be made within twenty years,

178

IL actions at law, which are,

1. writ of entry,.

180

2. writ of assize,.

184

III. where the wrong doer hath gained the actual right of possession, the

remedy is by writ of right or other writ in the nature thereof,..... 190

the present remedy for these wrongs is by action of ejectment.

197n

CHAPTER XII.

OF TRESPASS,..

..... 208–215

trespass is an injury directly and immediately injurious to the person or property

of another, and therefore necessarily accompanied with some force,..

208

trespass to lands, signifies an entry on another man's ground without lawful

authority, doing some damage, however inconsiderable,.

209

remedy, by action of trespass quare clausum fregit,

210

to maintain which one must have both property in the soil and pos-

session,

210

where the trespass is by cattle, they may be distrained damage feasant,.. 211

in some cases an entry on another's lands is justifiable,....

212

but if the person entering abuses his privilege, he becomes trespasser

ab initio,...

213

VOL. II-ii

CHAPTER XIV.

OF WASTE,...

223-229

waste is a spoil or destruction in lands or tenements, being either voluntary or

permissive,..

223

to be injured by waste, one must have an interest in the estate,..

223
which may be either a present interest (as by right of common),.. 224
or an interest in remainder or reversion,..

224
the remedies are:
1. preventive by writ of estropemont, .

225
or by injunction in equity,..

227
2. corrective, by writ of waste, to recover the place wasted and damages, 228
for which an action on the case is now substituted,.

229n

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PAR

OF INJURIES PROCEEDING FROM OR AFFECTING THE CROWN-(continued.)

injuries to the rights of the crown are redressed:
1. by the usual common-law actions,

257
2. by inquest of office, to recover possession,

258
8. by scire facias, to repeal the king's letters patent or grant,.

261
4. by information in the exchequer to recover moneys or chattels, or to
obtain damages for wrongs to the possessions of the crown,..

281
& by writ of quo warranto, or information in the nature thereof, when
offices, franchises or liberties are usurped,

282
6. by mandamus, to admit or restore a person entitled to a place or office, 264
or to compel elections, &c,..

265
recapitulation: completeness of the remedies given for wrongs,

265-269

CHAPTER XIX.

Or PROCESS,...

279–293

after the original writ comes process, or the means of compelling the defendant

to appear,....

279

this includes, 1. summons; 2. writ of attachment or pone, sometimes the first

process; 3. writ of distringas; 4. capias ad respondendum, and, testatum
capias, or, instead of these, in the king's bench, the bill of Middlesex
and writ of latitat, and in the exchequer, the writ of quo minus; 5. the
alias and pluries writs; 6. the exigeat, or writ of exigi facias, proclama-
tions and outlawry; 1. appearance and common bail; 8. arrest; e.

special bail, first, to the sheriff and then to the action,...... 279-292
for all which a writ of summons is now substituted in ordinary cases.

..

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CHAPTER XX.

OF PLEADINGS,

298–313

pleadings are the mutual altercations between the plaintiff and defendant, form-

erly oral, but now in writing,......

293

I the declaration, narratio or count, which is an amplification of the original
writ, with the addition of time and place of the injury,..

293
the venue in which is in some cases local,..

294
it may contain several counts,.

295
of non-pros. retraxit and discontinuance,.

.295, 296
II. the defence, claim of cognizance, imparlance, view, oyer, aid-prayer,
voucher, or parol demurrer,...

297-301

III. the plea, which is either dilatory or to the action,.....

801

dilatory pleas, merely to delay or put off the suit, are:

1. to the jurisdiction of the court,

301

2. to the disability of the plaintiff,.

301

3. in abatement of the writ or counts,.

302
these must be verified and pray judgment, &c.,

.....302, 303
pleas to the action either confess the complaint in whole or in part, as
in tender and set-off,..

303

or totally deny the cause of complaint; as the general issue or special

plea in bar,...

.305, 306

instances of special pleas,.

.306, 308

the qualities of a plea are, 1. that it be single; 2. direct and positive and

not argumentative; 8. with convenient certainty of time, place and
persons; 4. answering the plaintiff's allegations in every material
point, and, 6. so pleaded as to be capable of trial,.

808
special pleas must advance some new fact not mentioned in the declara-
tion, and are bad if only amounting to general issue,...

809
they may give color to the plaintiff,...

309

PAOL

OF PLEADING-(continued.)
IV. the replication of the plaintiff, which may be followed by rejoinder, sur-
rejoinder, rebutter, and sur-rebutter,.

310
concerning departure, new assignment, duplicity, &c.,..

810-318

CHAPTER XXI.

OF ISSUE AND DEMURRER,.

814

324
issue is either upon matter of fact or matter of law,.

314
issue of law is called a demurrer, and it admits the facts to be true, as stated,
but denies their legal suficiency,

314
this issue is tried by the court,

316, 323
issues of fact are to be tried by jury,..

316
new matter after issue joined may be pleaded puis darrion continuance. 816

ploadings were formerly in Norman or law-french, and then in Latin, but now in

English,....

...817-328

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OF THE TRIAL BY JURY,...

849-886

trial by jury, called also trial per pais, or by the country,

849

is of two kinds, extraordinary or ordinary,

851

the first is by the grand assize in writs of right, and by the grand jury in

writs of attaint, ..

851

in the ordinary jury trial the process is:
1. the venire facias to the sheriff to summou jurors,.....

852

with the subsequent compulsive habere corpora, or distringas,

854

it the sheriff be not indifferent, the process issues to coroners or

elisors,

354

2. the carrying down the record to nisi prius,

356

3. the sheriff's return of common or special jurors,

357

4. the challenges, which are to the whole array or to the polls,

358

jury de medietate linguo,..

360

challenges to the polls are either propter honoris respectum, propter
defectum, propter affectum, or propter delictum,.

.861-364

8. the tales de circumstantibus to fill the jury,..

364

6. the swearing of the jury,...

865

7. the presentation of the case on the evidence,

866

which must relate to the fact or point in issue,.

367

evidence is of two kinds, by proofs, or by the private knowledge of

the jurors,...

367

proofs are either written or by parol,..

367

the best evidence the case will admit of is always required, if to be

obtained,....

witnesses are brought in by subpæna ad testificandum,.

369
infamous and interested parties are excluded,..

369
one credible witness generally sufficient,.

870
proof may be positive or circumstantial,.

371
swearing of the witness; exceptions,.

872
demurrer to evidence,.

872

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