CHAPTER XII. XIII. SECTION Of Offences against Public Trade, Of Offences against the Public Health, and the Public Police or 161 176 205 220 229 251 258 XIV. Of Homicide,.. XV. Of Offences against the Persons of Individuals,... XIX. Of Courts of Criminal Jurisdiction, XXI. Of Arrests, ... ..... ... .... XXII. Of Commitment and Bail,. ... XXV. Of Ar. aignment and its Incidents,. ... 407 PAGR 154 ..... 280 289 296 301 318 322 332 342 365 375 390 394 403 APPENDIX. 1. Record of an Indictment and Conviction of Murder at the Assizes, 445 Conviction of Manslaughter,.... 2. 446 3. Entry of a Trial Instanter in the Court of King's Bench upon a Collateral Issue; and Rule of Court for Execution thereon,.... 447 Warrant of Execution on Judgment of Death, at the General Gaol delivery in London and Middlesex,.. 4. 448 5. Writ of Execution upon a Judgment of Murder before the King in Parliament,.. 448 ANALYSIS OF THE CONTENTS OF THIS VOLUME. CHAPTER I. OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES.. wrongs are divisible into private wrongs and public wrongs,. private wrongs or civil injuries are an infringment or privation of the private the redress is effected, 1, by the mere act of the parties; 2, by mere opera- redress by the mere act of the parties is, 1, that from the act of the in- 1. defence of one's self, and those who stand in the relation of husband and wife, parent and child, master and servant,.. 2. recaption of goods wrongfully taken, or wife, child or servant wrongfully detained,... 3. entry on lands and tenements occupied by another without right, 4. abatement or removal of nuisance,. .... 5. distress for rent or other duties, or of cattle damage feasant,. which is a taking of a personal chattel of the wrongdoer into the custody of the party injured to procure satisfaction,..... the things which may be distrained, .... distress should be made by day except in case of damage feasant, 6. seizing of heriots, &c., of the second sort are: ... .... .... 1. accord, which is a satisfaction agreed upon between the party injured and the party injuring,. 2. arbitration, which is where the parties submit the matters in dispute to the judgment of arbitrators, sometimes adding an umpire, right to real property cannot be submitted,. PAGE 1-17 2 CHAPTER II. OF REDRESS BY THE MERE OPERATION OF LAW,... ... 18-21 18 retainer is where a creditor becomes executor or administrator to his debtor, in which case he may retain the amount of his own debt before paying other debts of equal degree,... remitter is 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 possession,.... 19 .... but the new title must be cast upon him, not gained by his own act or folly,. 20 CHAPTER III. 18 OF COURTS IN GENERAL, 22-29 ... redress of injuries in courts is effected by the co-operation of the act of the parties and the act of the law,... .. 22 (continued.) where a party has a remedy by his own act, he has a remedy in court at his OF COURTS IN GENERAL a court is a place where justice is judicially administered,. the power to hold which is derived from the king, who, in contemplation of .... some courts are of record, whose acts and proceedings are enrolled for a per- against the truth of which records nothing can be averred,. in every court there are three constituent parts, the actor, the reus, and the also in superior courts, attorneys and advocates, or counsel,. some of whom are king's counsel, they cannot maintain action for fees,. of the courts for the redress of civil injuries there are: 1. the court of piepoudre, incident to fairs and markets,... 2. the court-baron, incident to every manor, and holden by the steward, 3. the hundred court, a larger species of court-baron,.. 4. the county court, incident to the jurisdiction of the sheriff,. 6. the court of king's bench,. which has general control of inferior jurisdictions and corporations, 9. the court of exchequer chamber, which is a court of appeal,. OF THE PUBLIC COURTS OF COMMON LAW AND EQUITY, courts of justice are either, 1, of a public or general jurisdiction throughout the OF COURTS ECCLESIASTICAL, MILITARY AND MARITIME, history of the ecclesiastical courts,.. 1. the archdeacon's court, the most inferior,... 2. the consistory court, of every diocesan bishop, 3. the court of arches, a court of appeal belonging to the archbishop of Can- 4. the court of peculiars, a branch of the court of arches,... 5. the prerogative court for testamentary causes where there are bona notabilia 6. the court of delegates, the great court of appeal in ecclesiastical causes,.. 7. a commission of review, sometimes granted to revise the sentence of the transfer of jurisdiction to matrimonial and probate courts,. of military courts, the only permanent one is the court of chivalry,.. maritime courts have authority to determine all maritime injuries arising upon the high seas or in parts out of the reach of the common law,. they are only the court of admiralty and its courts of appeal,.. of which the highest is now the judicial committee of the privy council subtraction of tithes, 9. the courts of London and other corporations,. ....... remedy by decree for account,. remedy, by action for damages, OF THE COGNIZANCE OF PRIVATE WRONGS,..... the common law determines the jurisdiction of the ecclesiastical, military and mari- non-payment of ecclesiastical fees and dues,. spoliation, by a clerk or incumbent taking the fruits of his benefice jactitation of marriage, for which the remedy is to enjoin perpetual silence subtraction of conjugal rights; the court being empowered to award ..... 71-85 cruelty, adultery, &c., for which a divorce a mensa et thoro may be marriage in fraudem legis, in which case it will be adjudged void,.. civil injuries cognizable in the court military or court of chivalry are injuries in matters of honer, and encroachments upon distinctions of degrees and quality,. 103 civil injuries cognizable by the courts maritime are such as are committed on the .... all other injuries fall within the cognizance of the courts of common law,. of which the refusal or neglect of justice is remedied by writ of procedendo or and encroachment of jurisdiction is remedied by writ of prohibition, . OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS,...... 115-143 all wrong may be considered merely a privation of right, and the natural remedy is the being put in possession of that right,.. this may be effected either by a delivery of the thing detained to the owner, or the instruments by which remedy is obtained are suits and actions. which are divided into personal, real, and mixed..... civil injuries are to the rights of persons or to the rights of property,. . . . . . injuries to the rights of persons are, 1, to the absolute, 2, to the relative rights, 119 the absolute rights of individuals are, 1, personal security, 2, personal liberty, OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS.-(continued.) PAGE. injuries against a man's personal security are, 119 1. affecting his life, to be hereafter considered, .... 2, 3. affecting his limbs or body, which may be by threats of bodily harm, which may be by slander, or by libel, or by malicious prosecution, the habeas corpus act,..... damages may also be recovered in an action of trespass, .... injuries against a man's personal liberty are by false imprisonment, 129 135 138 138 ... I. husbands, and may be, 1. abduction, or taking away his wife, for which he may recover damages,.. Of Injuries to PERSONAL PROPERTY,.... .... 139 2. adultery, for which trespass or action on the case will lie,...... 139 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 3. to which may be added the seduction of his female servant, 142 143n 142 .... express, include debts, covenants and promises, a debt is a sum due by certain and express agreement,.. .... ..... .... .... had by replevin,. 2. for an unlawful detainer of goods, remedy to recover possession may ... or damages may be recovered in trover.. 120 121 123 123 125 the injuries to rights thereto are either by deprivation of possession, or by abuse 126 127 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,.... 2. by action on the case, where the injury was only consequential, injuries to rights in action are by breach of contract,. contracts are express or implied, .... ..144-166 144 .... 145 145 151 151 152 153 154 154 154 154 154 155 .... 156 remedy for breach, an action of covenant to recover damages,. 157 158 158 a promise is in the nature of a verbal covenant,. 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, 160 160 as to pay judgments, penalties, &c.,.... 2. those which arise from natural reason and the just construction of law, 162 |