XXIII. Of the Several Modes of Prosecution,.
XXIV. Of Process upon an Indictment,.
XXV. Of Arraignment 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,......
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
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 hus-
band 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,.
6. seizing of heriots, &c.,.
where a party has a remedy by his own act, he has a remedy in court at his
option,.....
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,..............
some of whom are king's counsel,..
they cannot maintain action for fees,
their privileges and responsibilities,.
9. the court of exchequer chamber, which is a court of appeal,.
10. the house of peers,...
11. the courts of assize and nisi prius,.
courts of the United States,....
3. the court of arches, a court of appeal belonging to the archbishop of Can-
terbury,......
4. the court of peculiars, a branch of the court of arches,.....
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
court of delegates,.
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,....
without right.......
remedy by decree for account,.
dilapidations, which are a sort of waste,.
remedy, by action for damages,.
neglect of repair of church, &c.,.
2. matrimonial, which are:
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,
3, private property,
OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS.-(continued.) PAGE.
injuries against a man's personal security are,
1. retaining a man's hired servant before his time has expired,
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,.
for injuries to property in the owner's possession, the remedies are:
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,
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,
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,...
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
government,
as to pay judgments, penalties, &c.,....
|