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:

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.

CONTENTS

OF

THE ANALYSIS OF BOOK III.

PRIVATE WRONGS.

For which the laws of England have provided redress

I. By the mere act of the parties,

II. By the mere operation of law,

III. By both together, or suit in courts; wherein

1. Of courts; and therein of

1. Their nature and incidents,

2. Their several distinctions; viz.

1. Of public or general jurisdiction; as,

1. The courts of common law and equity,

2. Ecclesiastical courts,

3. Courts military,

4. Courts maritime

2. Of private or special jurisdiction

2. Of the cognizance of wrongs, in the courts-

1. Ecclesiastical,

2. Military,

3. Maritime

4. Of common law; wherein

1. Of the respective remedies, for injuries affecting

(1. The rights of private persons

1. Absolute,

2. Relative

(1. Ouster, or dispossession of

51. Freeholds

2. Chattels real

2. Trespass

3. Nuisance

4. Waste.

5. Subtraction

XIII

XIV

XV

6. Disturbance

XVI

3. The rights of the crown

XVII

2. Of the pursuit of remedies,

(1. By action at common law; wherein of

1. Original

XVIII

2. Process

XIX

3. Pleading

4. Demurrer and issue

XXI

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

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