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CHAPTER XII.

XIII.

SECTION

Of Offences against Public Trade,

Of Offences against the Public Health, and the Public Police or
Economy,

161

176

205

220

229

251

258

XIV. Of Homicide,..

XV. Of Offences against the Persons of Individuals,...
XVI. Of Offences against the Habitations of Individuals,.
XVII. Of Offences against Private Property,..
XVIII. Of the Means of Preventing Offences,.

XIX. Of Courts of Criminal Jurisdiction,
XX. Of Summary Convictions,

XXI. Of Arrests,

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XXII. Of Commitment and Bail,.
XXIII. Of the Several Modes of Prosecution,.
XXIV. Of Process upon an Indictment,.

...

XXV. Of Ar. aignment and its Incidents,.
XXVI. Of Plea and Issue,.
XXVII. Of Trial and Conviction,..
XXVIII. Of the Benefit of Clergy,.
XXIX. Of Judgment and its Consequences,
XXX. Of Reversal of Judgment,.
XXXI. Of Reprieve and Pardon,.
XXXII. Of Execution,.....
XXXIII. Of the Rise, Progress and Gradual Improvements of the Laws of
England,...

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407

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280

289

296

301

318

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342

365

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390

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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
or civil rights belonging to individuals, considered as individuals,..
for their redress courts of justice are instituted,....

the redress is effected, 1, by the mere act of the parties; 2, by mere opera-
tion of law; 3, by suit or action in courts,...

redress by the mere act of the parties is, 1, that from the act of the in-
jured party only; 2, that from the joint act of all the parties,......
of the first sort are:

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,
and generally upon the premises,.
and for the whole duty at once,.
and must be reasonable in amount,.
the property must be impounded,.
replevin of the property,.

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,.
the submission may be made a rule of court,

PAGE

1-17

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CHAPTER II.

OF REDRESS BY THE MERE OPERATION OF LAW,...
redress by mere operation of law is by retainer and remitter,.

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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,....

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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

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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
option,...

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
law, is always present,

....

some courts are of record, whose acts and proceedings are enrolled for a per-
petual memorial and testimony,...

against the truth of which records nothing can be averred,.
other courts are not of record, and have limited power,...

in every court there are three constituent parts, the actor, the reus, and the
judex,...

also in superior courts, attorneys and advocates, or counsel,.
the advocates are either barristers or sergeants,

some of whom are king's counsel,

they cannot maintain action for fees,.
their privileges and responsibilities, .

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subtraction of tithes,

8. the stannary courts,....

9. the courts of London and other corporations,.
10. the university courts,..

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remedy by decree for account,.
dilapidations, which are a sort of waste,

remedy, by action for damages,
neglect of repair of church, &c.,.

CHAPTER VII.

OF THE COGNIZANCE OF PRIVATE WRONGS,.....

86-114

the common law determines the jurisdiction of the ecclesiastical, military and mari-
time courts, and keeps them within bounds,...

injuries cognizable in the ecclesiastical courts are:

86-87

1. pecuniary, including,

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cruelty, adultery, &c., for which a divorce a mensa et thoro may be

decreed,..

94

marriage in fraudem legis, in which case it will be adjudged void,..
refusal of proper maintenance to the wife, in which case alimony will be
awarded,.
3. testamentary causes, which are the probate of wills, the granting of admin-
istrations and suing for legacies,....
... 95-98
these courts proceed according to the civil and canon laws, and enforce their de-
crees by excommunication,
98-103

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
high sea, or out of the reach of common-law remedies,...
their proceedings resemble those of the civil law,

....

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

mandamus,

and encroachment of jurisdiction is remedied by writ of prohibition, .

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,
by assault, by battery, by wounding, or by mayhem,
4. affecting his health by unwholesome practices,..
5. affecting his reputation, ..

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 to private property are considered hereafter,.
injuries to relative rights affect:

....

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

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135

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138

...

I. husbands, and may be,

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

Of Injuries to PERSONAL PROPERTY,....
personal property is either in possession or in action,.

....

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
2. beating him, per quod servitium amisit,...

3. to which may be added the seduction of his female servant,
the remedy for each is an action for damages,..
CHAPTER IX.

142 143n 142

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express, include debts, covenants and promises,

a debt is a sum due by certain and express agreement,..
for which action of debt or on the case may be brought,
a covenant is an undertaking by deed,

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had by replevin,.
which was formerly applicable only to distress,.
damages may be recovered instead,.

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

...

or damages may be recovered in trover..

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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

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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

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145

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remedy for breach, an action of covenant to recover damages,.
or, in case of covenant real, to compel performance,..
who may take advantage of covenants,..

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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

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