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SIR WILLIAM BLACKSTONE, KNT.

ONE OF THE JUSTICES OF THE COURT OF COMMON PLEAS.

IN TWO VOLUMES,

FROM THE NINETEENTH LONDON EDITION.

WITH A

LIFE OF THE AUTHOR, AND NOTES

BY

CHRISTIAN, CHITTY, LEE, HOVENDEN, AND RYLAND:

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Entered according to the Act of Congress in the year 1832, by

WILLIAM E. DEAN,

In the Clerk's Office of the Southern District of New-York.

STEREOTYPED BY THOMAS B. SMITH, 216 William St., N. Y.

PRINTED BY

VAN NORDEN & AMERMAN,

60 William St., N. Y.

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BOOK III.-OF PRIVATE WRONGS.

CHAPTER I.

Page

OF THE REDRESS OF PRIVATE WRONGS,
BY THE MERE ACT OF THE PARTIES 2 to 16
1. Wrongs are the privation of right;
and are, I. Private. II. Public

2. Private wrongs, or civil injuries, are
an infringement, or privation, of the
civil rights of individuals, considered
as individuals

3. The redress of civil injuries is one principal object of the laws of England

4. This redress is effected, I. By the mere act of the parties. II. By the mere operation of law. III. By both together, or suit in courts

par

5. Redress by the mere act of the
ties, is that which arises, I. From the
sole act of the party injured. II. From
the joint act of all the parties

2

2

3

3

6. Of the first sort are, I. Defence of
one's self, or relations. II. Recaption
of goods. III. Entry on lands and
tenements. IV. Abatement of nuisan-
ces. V. Distress-for rent, for suit or
service, for amercements, for damage,
or for divers statutable penalties-
made of such things only as are legal-
ly distreinable; and taken and dis-
posed of according to the due course
of law. VI. Seizing of heriots, &c. 3-15
7. Of the second sort are, I. Accord.
II. Arbitration

4. Incident to all courts are, a plaintiff,
defendant, and judge: and with us,
there are also usually attorneys; and
advocates or counsel, viz. either bar-
risters, or serjeants at law

CHAPTER IV.

OF THE PUBLIC COURTS OF COMMON
LAW AND EQUITY

Page

30 to 60

1. Courts of justice, with regard to
their several species, are, I. Of a pub-
lic or general jurisdiction throughout
the realm. II. Of a private or special
jurisdiction

2. Public courts of justice are, I. The
courts of common law and equity. II.
The ecclesiastical courts. III. The
military courts. IV. The maritime

courts

3 3. The general and public courts of
common law and equity are, I. The
court of piepoudre. II. The court-ba-
ron. III. The hundred court. IV. The
county court. V. The court of Com-
mon Pleas. VI. The court of King's
Bench. VII. The court of Exchequer.
VIII. The court of Chancery. (Which
two last are courts of equity as well
as law). IX. The courts of Exche-
quer-Chamber. X. The house of
Peers. To which may be added, as
auxiliaries, XI. The courts of Assise
and Nisi Prius

15, 16

30

30

32-60

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1. Ecclesiastical courts, (which were
separated from the temporal by Wil-
liam the Conqueror), or courts Chris-
tian, are, I. The court of the Arch-
deacon. II. The court of the Bishop's
Consistory. III. The court of Arches.
IV. The court of Peculiars. V. The
Prerogative court. VI. The court of
Delegates. VII. The court of Re-
view
62-68
2. The only permanent military court is
that of chivalry; the courts martial
annually established by act of Parlia-
ment, being only temporary

22 to 25 3. Maritime courts are, I. The court of
Admiralty and Vice-Admiralty. II.
The court of Delegates.

OF COURTS IN GENERAL
1. Redress that is effected by the act
both of law and of the parties, is by
suit or action in the courts of justice
2. Herein may be considered, I. The
courts themselves. II. The cogni-
zance of wrongs, or injuries, therein,
And of courts, I. Their nature and
incidents. II. Their several species
3. A court is a place wherein justice is
judicially administered, by officers de-
legated by the crown: being a court
either of record, or not of record

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Page

cluding the courts of attachments, regard, sweinmote, and justice-seat. II. The court of Commissioners of Sewers. III. The court of policies of assurance. IV. The court of the Marshalsea and the Palace Court. V. The courts of the principality of Wales. VI. The court of the duchychamber of Lancaster. VII. The courts of the counties palatine, and other royal franchises. VIII. The stannary courts. IX. The courts of London, and other corporations :-to which may be referred the courts of requests, or courts of conscience; and the modern regulations of certain courts baron and county courts. X. The courts of the two Universities 71-85

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1. All private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common law

II.

2. Injuries cognizable in the ecclesiastical courts are, I. Pecuniary. Matrimonial. III. Testamentary 3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. For which the remedy is by suit to compel their payment, or an equivalent; and also their double value. II. Non-payment of ecclesiastical dues. Remedy: by suit for payment. III. Spoliation. Remedy: by suit for restitution. IV. Dilapidations. Remedy: By suit for damages. V. Non-repair of the church, &c.; and non-payment of church-rates. Remedy: by suit to compel them

4. Matrimonial injuries are, I. Jactitation of marriage. Remedy: by suit for perpetual silence. II. Subtraction of conjugal rights. Remedy: by suit for restitution. III. Inability for the marriage state. Remedy: by suit for divorce. IV. Refusal of decent maintenance to the wife. Remedy: by suit for alimony

5. Testamentary injuries are, I. Disputing the validity of wills. Remedy: by suit to establish them. II. Obstructing of administrations. Remedy: by suit for the granting them. III. Subtraction of legacies. Remedy: by suit for the payment 6. The course of proceedings herein is much conformed to the civil and canon law: but their only compulsive process is that of excommunication; which is enforced by the temporal writ of significavit or de excommunicato capiendo 7. Civil injuries, cognizable in the court military, or court of chivalry, are, I. Injuries in point of honour. Remedy: by suit for honourable amends. II. Encroachments in coat-armour, &c.

86

87-8

88-92

92-95

95-98

98-103

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103-106

8. Civil injuries cognizable in the courts maritime, are injuries, in their nature of common law cognizance, but arising wholly upon the sea, and not within the precincts of any county. The proceedings are herein also much conformed to the civil law 106-109

9. All other injuries are cognizable only in the courts of common law of which in the remainder of this book 109-114 10. Two of them are, however, commissible by these, and other, inferior courts; viz. I. Refusal, or neglect, of justice. Remedies: by writ of procedendo, or mandamus. II. Encroachment of jurisdiction. Remedy: by writ of prohibition

CHAPTER VIII.

109-114

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5. Injuries (whereof some are with, others without, force) are, I. Injuries to the rights of persons. II. Injuries to the rights of property. And the former are, I. Injuries to the absolute. II. Injuries to the relative, rights of persons

118-119

6. The absolute rights of individuals are, I. Personal security. II. Per sonal liberty. III. Private property. (See Book I. Ch. 1). To which the injuries must be correspondent 7. Injuries to personal security are, I. Against a man's life. II. Against his limbs. III. Against his body. IV. Against his health. V. Against his reputation.-The first must be referred to the next book

8. Injuries to the limbs and body are, I. Threats. II. Assault. III. Battery. IV. Wounding. V. Mayhem. Remedy by action of trespass vi et armis, for damages

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