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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.
LIFE OF THE AUTHOR, AND NOTES
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.
VAN NORDEN & AMERMAN,
60 William St., N. Y.
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. 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. Of private or special jurisdiction
BOOK III.-OF PRIVATE WRONGS.
OF THE REDRESS OF PRIVATE WRONGS,
2. Private wrongs, or civil injuries, are
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
5. Redress by the mere act of the
6. Of the first sort are, I. Defence of
4. Incident to all courts are, a plaintiff,
OF THE PUBLIC COURTS OF COMMON
30 to 60
1. Courts of justice, with regard to
2. Public courts of justice are, I. The
3 3. The general and public courts of
1. Ecclesiastical courts, (which were
22 to 25 3. Maritime courts are, I. The court of
OF COURTS IN GENERAL
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
1. All private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common law
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.
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
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
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