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Of Offences against Public Trade,
Of Offences against the Public Health, and the Public Police or
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,.
1. Record of an Indictment and Conviction of Murder at the Assizes, 445 Conviction of Manslaughter,....
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,..
5. Writ of Execution upon a Judgment of Murder before the King in Parliament,..
ANALYSIS OF THE CONTENTS OF THIS VOLUME.
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,.
OF REDRESS BY THE MERE OPERATION OF LAW,...
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,....
but the new title must be cast upon him, not gained by his own act or folly,. 20
OF COURTS IN GENERAL,
redress of injuries in courts is effected by the co-operation of the act of the parties and the act of the law,...
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,.
9. the court of exchequer chamber, which is a court of appeal,.
subtraction of tithes,
9. the courts of London and other corporations,.
remedy by decree for account,.
remedy, by action for damages,
the common law determines the jurisdiction of the ecclesiastical, military and mari-
marriage in fraudem legis, in which case it will be adjudged void,..
civil injuries cognizable by the courts maritime are such as are committed on the
which are divided into personal, real, and mixed.....
OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS.-(continued.) PAGE.
injuries against a man's personal security are,
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,
I. husbands, and may be,
1. abduction, or taking away his wife, for which he may recover damages,..
Of Injuries to PERSONAL PROPERTY,....
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..
the injuries to rights thereto are either by deprivation of possession, or by abuse
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, ....
remedy for breach, an action of covenant to recover damages,.
a promise is in the nature of a verbal covenant,.
remedy for breach, an action of assumpsit,...
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
as to pay judgments, penalties, &c.,....
2. those which arise from natural reason and the just construction of law, 162