Entered according to Act of Congress, in the year 1859, by CHILDS & PETERSON, in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania. ANALYSIS. BOOK III.-OF PRIVATE WRONGS. CHAPTER I. OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES.... Page 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... .................. 2 3 3 3 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.......... 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 nuisances. V. Distressfor rent, for suit or service, for amercements, for damage, or for divers statutable penalties,-made of such things only as are legally distrainable; and taken and disposed 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......... CHAPTER II. ........ 15-16 OF REDRESS BY THE MERE OPERATION OF ..18 to 21 LAW...... 1 Redress, effected by the mere operation f law, is, I. In case of retainer; where a creditor is executor or administrator, 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 thereupon remitted to his ancient good title, which protects his ill-acquired pos.........18-21 OF THE PUBLIC COURTS OF COMMON LAW .30 to 60 1. Courts of justice, with regard to their several species, are, I. Of a public or general jurisdiction throughout the realm. II. Of a private or special jurisdiction... courts. 30 2. Public courts of justice are, I. The courts of common law and equity. II. The ecclesiastical courts. III. The military IV. The maritime courts...................... 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 Assize and Nisi Prius .32 $4 CHAPTER V. OF COURTS ECCLESIASTICAL, MILITARY, AND MARITIME.. ............ 6--68 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. The court of Delegates. VII. The curt 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................. VI. 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.. CHAPTER VI. 68 68 OF COURTS OF A SPECIAL JURISDICTION...71 to 85 1. Courts of a special or private jurisdiction are, I. The forest courts; including the courts of attachments, regard, swein IV. The mote, and justice-seat. II. The court of Commissioners of Sewers. III. The court of policies of assurance. 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....... . Page 71-85 CHAPTER VII. OF THE COGNIZANCE OF PRIVATE WRONGS.... 85 to 114 1. All private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common law.... 86 87-88 2. Injuries cognizable in the ecclesiastical courts are, I. Pecuniary. II. Matrimonial. III. Testamentary... 8. 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. Nonrepair 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 resti*ution. III. Inability for the marriage giate. Remedy: by suit for divorce. IV. Refusal of decent maintenance to the wife. Remedy: by suit for ali mony ..88-92 ...92-95 OF WRONGS, AND THEIR REMEDIES, RESPECTING THE RIGHTS OF PERSONS...... ....... 115 to 148 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.... ............ 115 115 116 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... 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 arc, 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. Personal liberty. III. Private property. (See Book I. Ch. I.) To which the injuries must be correspondent...... 119 7. Injuries to personal security are, I. Against a man's life. II. Against his limbs. III. Against his body. Against his health. V. Against putation. The first must be rerred to the next book..... IV. t 119 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.. 9. Injuries to health, by any unwholesome practices, are remedied by a apacial action of trespass on the case, for damages.... 120 122 10. Injuries to reputation are, I. Slanderous and malicious words. Remedy: by action on the case, for damages. II. Libels. Remedy: the same. III. Malicious prosecutions. Remedy: by action of conspiracy, or on the case, for damages Page 123 11. The sole injury to personal liberty is false imprisonment. Remedies: I. By writ of, 1st, mainprize; 2dly, odio et atia; 3dly, homine replegiando; 4thly, habeas corpus; to remove the wrong. II. By action of trespass; to recover damages .127-138 12. For injuries to private property, see the next chapter. ...... 18. Injuries to relative rights affect, I. Husbands. II. Parents. III. Guardians. IV. Masters......... 14. Injuries to a husband are, I. Abduction, or taking away his wife. Remedy: by action of trespass de uxore rapta et abducta, to recover possession of his wife, and damages. II. Criminal conversation with her. Remedy: by action on the case, for damages. III. Beating her. Remedy: by action on the case, per quod consortium amisit, for damages. 15. The only injury to a parent or guardian, is the abduction of their children, or wards. Remedy: by action of trespass, de filiis, vel custodiis, raptis vel abductis; to recover possession of them, and damages...... 16. Injuries to a master are, I. Retaining his servants. Remedy: by action on the case, for damages. II. Beating them. Remedy: by action on the case, per quod servitium amisit; for da CHAPTER IX. 138 139 142-143 damages; by action on the case, for trover and conversion......... ........ Page 51 7. For damage to personal property, while in the owner's possession, the remedy is in damages, by action of trespass vi et armis, in case the act be immediately injurious, or by action of trespass on the case, to redress consequential damage... 8. Injuries to personal property, in action, arise by breach of contracts, I. Express. II. Implied........... ............... 153 164 9. Breaches of express contracts are, I. By non-payment of debts. Remedy: 1st, specific payment; recoverable by action of debt; 2dly, damages for nonpayment; recoverable by action on the case. II. By non-performance of covenants. Remedy: by action of covenant, 1st, to recover damages, in covenants personal; 2dly, to compel performance in covenants real. III. By non-performance of promises, or assumpsits. Remedy by action on the case, for damages.... ..154-158 10. Implied contracts are such as arise, I. From the nature and constitution of government. II. From reason and the construction of law.........................159-162 11. Breaches of contracts implied in the nature of government are by the nonpayment of money which the laws have directed to be paid. Remedy by action of debt, (which, in such cases, is frequently a popular, frequently a qui tam action,) to compel the specific payment; or sometimes by action on the case, for damages... 159-162 12. Breaches of contracts implied in reason and construction of law are by the nonperformance of legal presumptive assumpsits for which the remedy is in damages; by an action on the case, on the implied assumpsits. I. Of a quantum meruit. II. Of a quantum valebat. III. Of money expended for another. IV. Of receiving money to another's use. V. Of an insimul computassent, on an account stated, (the remedy on an account unstated being by action of account.) VI. Of performing one's duty, in any employment, with integrity, diligence, and skill. In some of which cases an action of deceit (or on the case, in nature of deceit, will lie..... ....162-166 |