BOOK III.—OF PRIVATE WRONGS.

Page CHAPTER I.

4. Incident to all courts are, a plaintiff,

Page defendant, and judge : and with us, OF THE REDRESS OF PRIVATE WRONGS, there are also usually attorneys; and

BY THE MERE ACT OF THE Parties 2 to 16 advocates or counsel, viz. either bar. 1. Wrongs are the privation of right;

risters, or serjeants at law

25 and are, I. Private. II. Public

2 2. Private wrongs, or civil injuries, are

CHAPTER IV. an infringement, or privation, of the civil rights of individuals, considered OF THE Puecic Courts OP COMMON as individuals 2 LAW AND EQUITY

30 to 60 3. The redress of civil injuries is one 1. Courts of justice, with regard to

principal object of the laws of Eng. their several species, are, I. Of a publand

3 lic or general jurisdiction throughout 4. This redress is effected, I. By the the realm. II. Of a private or special mere act of the parties. II. By the jurisdiction

30 mere operation of law. III. By both 2. Public courts of justice are, I. The together, or suit in courts

3

surance.

Page

Page cluding the courts of attachments, re- Remedy ; by suit to remove them. gard, sweinmote, and justice-seat. II. The proceedings are in a summary The court of Commissioners of Sew

method

103-106 ers. III. The court of policies of as- 8. Civil injuries cognizable in the courts IV. The court of the Mar.

maritime, are injuries, in their nature shalsea and the Palace Court. V.

of common law cognizance, but aris. The courts of the principality of ing wholly upon the sea, and not Wales. VI. The court of the duchy. within the precincts of any county, chamber of Lancaster. VII. The

The proceedings are herein also much courts of the counties palatine, and conforned to the civil law

106-109 other royal franchises. VIII. The 9. All other injuries are cognizable only stannary courts. IX. The courts of

in the courts of common law; of London, and other corporations :-to

which in the remainder of this book 109-114 which may be referred the courts of 10. Two of them arc, however, comrequests, or courts of conscience;

missible by these, and other, inferior and the modern regulations of certain courts ; viz. I. Rerusal, or neglect, of courts baron and county courts. X.

justice. Remedies : by writ of proThe courts of the two Universities 71-85 cedendo, or mandamus. II. Encroach

ment of jurisdiction. Remedy: by writ
CHAPTER VII.
of prohibition

109-114

CHAPTER VIII.
OF THE COGNIZANCE OF PRIVATE
WRONGS

85 to 114 OF WRONGS, AND THEIR REMEDIES, 1. All private wrongs or civil injuries RESPECTING THE RIGHTS OF PERare cognizable either in the courts

SONS

115 to 143 ecclesiastical, military, maritime, or 1. In treating of the cognizance of inthose of common law

86 juries by the courts of common law, 2. Injuries cognizable in the ecclesias- may lie considered, I. The injuries

tical courts are, 1. Pecuniary. II. themselves. and their respective reme

Matrimonial. III. Testamentary 87-8 dies. II. The pursuits of those reme. 3. Pecuniary injuries, here cognizable,

dies in the several courts

115 are, 1. Subtraction of tithes. For 2. Injuries between subject and subject, which the remedy is by suit to compel cognizable by the courts of common their payment, or an equivalent; and law, are in general remedied by putalso their double value. II. Non-pay

ting the party injured into possession ment of ecclesiastical dues. Reme

of that right whereof he is unjustly dy: by suit for payment. III. Spo. deprived

115 liation. Remedy: by suit for restitu- 3. This is effected, I. By delivery of tion. IV. Dilapidations. Remedy: the thing detained to the rightful ownBy suit for damages. V. Non-repair er. II. Where that remedy is either of the church, &c.; and non-payment impossible or inadequate, by giving the of church-rates. Remedy: by suit to party injured a satisfaction in dainages 116 compel thern

88-92 4. The instruments by which these re4. Mairimonial injuries are, I. Jactita

medies may be obtained, are suits or tion of marriage. Remedy: by suit actions; which are defined to be the for perpetual silence. II. Subtrac

legal demand of one's right: and tion of conjugal rights. Remedy: by

these are, I. Personal. II. Real. III. suit for restitution. II. Inability for

Mixed

116-118 the marriage statc. Remedy: by suit 5. Injuries (whereof some are with, for divorce. IV. Relusal of decent

others without, force) are, I. Injuries maintenance to the wife. Remedy : to the rights of persons. II. Injuries by suit for alimony

92-95 to the rights of property. And the 5. Testamentary injuries are, I. Disput. former are, 1. Injuries to the absolute.

ing the validity of wills.' Remedy: II. Injuries to the relative, rights of by suit to establish them. II. Ob

persons

118-119 structing of adıninistrations. Reme- 6. The absolute rights of individuals dy : by suit for the granting them. are, I. Personal security. II. PerIII. Subtraction of legacies. Reme

sonal liberty. III. Private property. dy: by suit for the payment

95-98 (See Book I. Ch. 1). To which the 6. The course of proceedings herein is injuries must be correspondent 119

much conformed to the civil and canon 7. Injuries to personal security are, I. law: but their only compulsive pro

Against a man's lise. II. Against cess is that of excommunication;

his limbs. III. Against his body. which is enforced by the temporal writ

IV. Against his health. V. Against of significavit or de ercommunicato

his reputation.--The first must be recapiendo 98-103 ferred to the next book

119 7. Civil injuries, cognizable in the court 8. Injuries to the limbs and body are, I.

military, or court of chivalry, are, I. Threats. II. Assault. III. Battery. Injuries in point of honour. Remedy: IV. Wounding. V. Mayhem. Re. by suit for honourable amends. II. medy : by action of trespass vi et ar. Encroachments in coat-arınour, &c. mis, for dainages

120

:

case.

Page

Page 9. Injuries to health, by any unwhole- lawfully taking, the remedy is also, I.

some practices, are remedied by a Actual restitution; by action of reple. special action of trespass on the case, vin, or detinue. II. Satisfaction in for damages

121 damages: by action on the case, for 10. Injuries to reputation are, I. Slan

trover and conversion

151 derous and malicious words. Reme. 7. For damage to personal property, dy: by action on the case, for da

while in the owner's possession, the mages. II. Libels. Remedy: the remedy is in damages, by action of same. III. Malicious prosecutions.

trespass vi et armis, in case the act be Remedy : by action of conspiracy, or immediately injurious, or by action of on the case, for damages

123 trespass on the case, to redress conse11. The sole injury to personal liberty quential damage

153 is false imprisonment. Remedies : 1. 8. Injuries to personal property, in ac. By writ of, Ist, mainprize ; 2ndly, tion, arise by breach of contracts, I. odio et atia ; 3rdly, homine replegiando; Express. II. Implied

153 4thly, habeas corpus ; to remove the 9. Breaches of express contracts are, I. wrong. II. By action of trespass ; to By non-payment of debts. Rernedy : recover damages

127-138 1st. specific payment ; recoverable by 12. For injuries to private property, see

action of debi. 2dlv. Damages for nonthe next chapter.

payment; recoverable by action on the 13. Injuries to relative rights affect, I.

II. By non-performance of coHusbands. II. Parents. III. Guar

venants. Remedy: by action of covedians. IV. Masters

138 nant, 1st, to recover damages, in cove. 14. Injuries to an husband are, I. Ab. nants personal ; 2dly, to compel perduction, or taking away his wife.

formance in covenants real. III. By Remedy: by action of trespass de non-performance of promises, or as. urore rapta et abducta, to recover pos.

sumpsits. Remedy: by action on the session of his wife, and damages.ff. case, for damages

154-158 Criminal conversation with her. Re- 10. Implied contracts are such as arise, medy: by action on the case, for I. From the nature, and constitution of damages. III. Beating her. Reme.

government. II. From reason and the dy: by action on the case, per quod

construction of law

158 consortium amisit, for damages 139 11. Breaches of contracts implied in the 15. The only injury to a parent or guar

nature of government, are by the nondian, is the abduction of their children, payment of money which the laws or wards. Remedy : by action of tres- have directed to be paid. Remedy: pass, de filiis, vel custodiis, raptis vel by action of debt; (which, in such abductis; to recover possession of cases, is frequently a popular, frethem, and damages

140-1 quently a qui tam action to compel 16. Injuries to a master are, I. Retain

the specific payment; or sometimes ing his servants. Remedy: by action

by action on the case, for damages 158-161 on the case, for damages. II. Beat- 12. Breaches of contracts implied in reaing them. Remedy: by action on son and construction of law, are by the the case, per quod servitium amisit ; non-performance of legal presumptive for damages

141-143 assumpsits : for which the remedy is CHAPTER IX.

in damages; by an action on the case,

on the implied assumpsits. I. Of a OF INJURIES TO PERSONAL PROPERTY

quantum meruit.

II. Of a quantum va1. Injuries to the rights of property, are lebat. III. Of money expended for an

either to those of personal, or real, other. IV. Os receiving money to anproperty

144 other's use.

V. Of an insimul compu2. Personal property is either in posses. tassent, on an account stated; (the resion, or in action

144 medy on an account unstated being by 3. Injuries to personal property in pos- action of account). VI. Of perform

session are, I. By dispossession. II. ing one's duty, in any employment, By damage, while the owner remains with integrity, diligence, and skill. in possession

In some of which cases an action of 4. Dispossession may be effected, I. By deceit (or on the case, in nature of dean unlawful laking. II. By an un

ceit) will lie

161-166 lawsul detaining

144

CHAPTER X. 5. For the unlawful taking of goods and

chattels personal, the remedy is, I. OF INJURIES TO REAL PROPERTY ; Actual restitution; which (in case of

of DISPOSSESSION, OR a wrongful distress) is obtained by

OUS'TER, OF THE FREEHOLD 167 to 197 action of replevin. Il. Satisfaction in 1. Injuries affecting real property are, I. damages : İst, in case of rescous, by Ouster. II. Trespass. III. Nuisance. action of rescous, pound-breach, or on

IV. Waste. V, Subtraction, VI. Dis. the case ; 2ndly, in case of other

turbance

167 unlawful iakings, by action of tres- 2. Ouster is the amotion of possession; pass, or trover

145–151 and is, I. From freeholds. II. From 6. For the unlawful detaining of goods

chattels real

167

AND FIRST

198

Page

Page 3. Ouster from freeholds is affected by, gained by the statute of limitations.

I. Abatement. II. Intrusion. III. Remedy, in both cases : by a mere
Disseisin. IV. Discontinuance. V. writ of right, the highest writ in the
Deforcement
167 law

190-197 4. Abatement is the entry of a stranger, after the death of the ancestor, before

CHAPTER XI. the heir

167 5. Intrusion is the entry of a stranger, OF DISPOSSESSION, OR OUSTER, or after a particular estate of freehold is CHATTELS REAL

198 to 207 determined, before him in remainder 1. Ouster from chattels real is, I. From or reversion

169 estates by statute and elegit. II. From 6. Disseisin is a wrongful putting out of an estate for years

him that is seized of the freehold 169 2. Ouster, from estates by statute or ele7. Discontinuance is where tenant in git, is effected by a kind of disseisin.

tail, or the husband of tenant in fee, Remedy: restitution, and damages; makes a larger estate of the land than

by assise of novel disseisin

198 the law alloweth

171 3. Ouster from an estate for years, is ef8. Deforcement is any other detainer of fected by a like disseisin or ejectment.

the freehold from him who hath the Remedy: restitution and damages; I. property, but who never had the pos- By writ of ejectione firme. II. By session

172 writ of quare ejecit infra terminum 199 9. The universal remedy for all these is 4. A writ of ejectione firmæ, or action of

restitution or delivery of possession, trespass in ejectment, lieth where and, sometimes, damages for the de- lands, &c., are let for a term of years, tention. This is effected, I. By mere and the lessee is ousted or ejected entry. II. By action possessory. III. from his term ; in which case he shall By writ of right

174 recover possession of his term, and 10. Mere entry on lands, by him who damages

199 hath the apparent right of possession, 5. This is now the usual method of try. wiil (if peaceable) devest the mere ing titles to land, instead of an action possession of a wrong-doer. But for

real : viz. by, I. The claimant's makcible entries are remedied by imme- ing an actual (or supposed) lease upon diate restitution, to be given by a jus- the land to the plaintiff. II. The tice of the peace

175-179 plaintiff's actual (or supposed) entry 11. Where the wrong-doer hath not only thereupon. III. His actual (or sup

mere possession, but also an apparent posed) ouster and ejectment by the deright of possession; this may be de- fendant. For which injury this action vested by him who hath the actual right is brought, either against the tenant, of possession, by means of the posses- or (more usually) against some casual

sory actions of writ of entry, or assise 179 or fictitious ejector; in whose stead 12. A writ of entry is a real action, wbich the tenant may be admitted defendant,

disproves the title of the tenant, by on condition that the lease, entry, and shewing the unlawful means under ouster be confessed, and that nothing which he gained or continues posses- else be disputed but the merits of the sion. And it may be brought, either title claimed by the lessor of the plainagainst the wrong-doer himself; or in tiff

200-206 the degrees, called the per, the per and 6. A writ of quare ejecit infra terminum cui, and the post

180 is an action of a similar nature : only 13. An assise is a real action, which not brought against the wrong-doer or

proves the title of the demandant, by ejector himself, but such as are in posshewing his own, or his ancestor's session under his title

207 possession. And it may be brought either to remedy abatements ; viz. the

CHAPTER XII. assise of mort d' ancestor, fc.: or to Of TRESPASS

208 to 2.5 remedy recent disseisins ; viz. the as- 1. Trespass is an entry upon, and dasise of novel disseisin

184–190 mage done to, another's lands, by one's 14. Where the wrong-doer hath gained self, or one's cattle ; without any law.

the actual right of possession, he who ful authority, or cause of justification: hath the right of property can only be which is called a breach of his close. remedied by a writ of right, or some Remedy: damages ; by action of tres. writ of a similar nature. As, I. Where pass quare clausum fregit : besides that such right of possession is gained by

of distress damage feasant. But, un. the discontinuance of lenant in tail. less the title to the land come chiefly Remedy, for the right of property : by in question, or the trespass was wilful writ of formedon. II. Where gained or malicious, the plaintiff (if the damaby recovery in a possessory action, ges be under forty shillings) shall re had against tenants of particular es

cover no more costs than damages 208-215 tates by their own default. Remedy: by writ of quod ei deforceat. III. Where

CHAPTER XIII. gained by recovery in a possessory ac- OF NUISANCE

216 to 219 tion, had upon the merits. Iv. Where 1. Nuisance, or annoyance, is any thing

Page

Page that worketh damage, or inconveni- hereditament, in their regular and lawence: and it is either a public and ful enjoyment of it

236 common nuisance, of which in the next 2. Disturbances are, I. Of franchises. book; or, a private nuisance, which is II. Of commons. Ill. Of ways. IV. any thing done to the hurt or annoy

Of tenure. V. Of patronage

236 ance of, 1. The corporeal, II. The in- 3. Disturbance, of franchises, is reme

corporeal, hereditaments of another 216 died by a special action on the case; 2. The remedies for a private nuisance • for damages

236 (besides that of abatement), are, I. 4. Disturbance of common, is I. InterDamages ; by action on the case commoning without right. Remedy: (which also lies for special prejudice damages; by an action on the case, by a public nuisance). II. "Removal or of trespass : besides distress da. thereof, and damages ; by assise of mage feasant; to compel satisfaction. nuisance. III. Like removal, and da- II. Surcharging the cominon. Rememages; by writ of quod permittat pros- dies: distress damage feasant; to ternere

219 compel satisfaction : action on the

case ; for damages : or, writ of adCHAPTER XIV.

measurement of pasture; to appor

tion the common ;-and writ de seOF WASTE

223 to 229 cunda superoneratione ; for the super1. Waste is a spoil and destruction in numerary cattle, and damages. "III.

lands and tenements, to the injury of Enclosure, or obstruction. Remedies : him who hath, I. An immediate inte- restitution of the common, and damarest (as, by right of common) in the ges; by assise of novel disseisin, and lands. II. The remainder or rever

by writ of quod permittat : or, damages sion of the inheritance

223 only; by action on the case 237-240 2. The remedies, for a commoner, are, 5. Disturbance of ways, is the obstruc

restitution, and damages ; by assise tion, I. Of a way in gross, by the ownof common : or, damages only; by ac- er of the land. II. Of a way appendtion on the case

224 ant, by a stranger. Remedy, for both : 3. The remedy for him in remainder, or damages ; by action on the case 241

reversion, is, I. Preventive : by writ 6. Disturbance of tenure, by driving of estrepement at law, or injunction out away tenants, is remedied by a spe of Chancery; to stay waste. II. Cor- cial action on the case ; for damages 242 rective : by action of waste; to reco- 7. Disturbance of patronage, is the hinver the place wasted, and damages 225–229 derance of a patron to present his clerk

benefice; whereof usurpation CHAPTER XV.