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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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Fans

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.

BOOK III.-OF PRIVATE WRONGS.

CHAPTER I.

Page

2

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 Eng-
land

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

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

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3 3. The general and public courts of common law and equity are, I. The court of piepoudre. II. The court-baron. III. The hundred court. IV. The county court. V. The court of Common 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 Exchequer-Chamber. X. The house of Peers. To which may be added, as auxiliaries, XI. The courts of Assise and Nisi Prius

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

15, 16

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30

32-60

CHAPTER II.

CHAPTER V.

18 to 21

OF REDRESS BY THE MERE OPERATION
OF LAW
1. Redress effected by the mere opera-
tion of law, is, I. In case of retainer;
where a creditor is executor or ad-
ministrator, and is thereupon allowed
to retain his own debt. II. In the
case of remitter; where one, who has
a good title to lands, &c., comes into
possession by a bad one, and is there-
upon remitted to his ancient good title,
which protects his ill-acquired posses-

sion

CHAPTER III.

OF COURTS IN GENERAL

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1. Ecclesiastical courts, (which were separated from the temporal by William the Conqueror), or courts Christian, are, I. The court of the Archdeacon. 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 Review 62-68 2. The only permanent military court is that of chivalry; the courts martial annually established by act of Parliament, being only temporary 22 to 25 3. Maritime courts are, I. The court of Admiralty and Vice-Admiralty. II. The court of Delegates. III. The lords of the Privy Council, and others authorized by the king's commission, for appeals in prize-causes

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 2. A court is a place wherein justice is judicially administered, by officers delegated by the crown: being a court either of record, or not of record

18-21

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23-24

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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 CHAPTER VII.

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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.

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87-8

88-92

92-95

95-98

98-103

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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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1. In treating of the cognizance of injuries by the courts of common law, may be considered, I. The injuries themselves, and their respective remedies. II. The pursuits of those remedies in the several courts

2. Injuries between subject and subject, cognizable by the courts of common law, are in general remedied by putting the party injured into possession of that right whereof he is unjustly deprived

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115

3. This is effected, I. By delivery of the thing detained to the rightful owner. II. Where that remedy is either impossible or inadequate, by giving the party injured a satisfaction in damages 116 4. The instruments by which these remedies may be obtained, are suits or actions; which are defined to be the legal demand of one's right: and these are, I. Personal. II. Real. III. Mixed 116-118

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. I). 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 re-
ferred to the next book

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

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