CHRISTIAN, CHITTY, LEE, HOVENDEN, AND RYLAND: W. E. DEAN, PRINTER & PUBLISHER, 2 ANN-STREET. COLLINS, KEESE & CO., 254 PEARL STREET. 1840. INDIANA UNIVERSITY BLOOMINGTON, 242208 6356 Entered according to the Act of Congress in the year 1832, by In the Clerk's Office of the Southern District of New-York. BOOK III-OF PRIVATE WRONGS. CHAPTER I. Page 2 OF THE REDRESS OF PRIVATE WRONGS, 3. The redress of civil injuries is one 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 2 6. Of the first sort are, I. Defence of CHAPTER II. 15, 16 18 to 21 OF REDRESS BY THE MERE OPERATION sion CHAPTER III. 18-21 3 3 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 CHAPTER V. OF COURTS ECCLESIASTICAL, MILI- 30 30 30 30 32-60 62-68 1. Ecclesiastical courts, (which were 22 to 25 3. Maritime courts are, I. The court of OF COURTS IN GENERAL Page clading 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. For 2. Injuries cognizable in the ecclesiastical courts are, 1. Pecuniary. II. Matrimonial. III. Testamentary 3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. 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. 86 87-8 88-92 92-95 95-98 98-103 Remedy; by suit to remove them. The proceedings are in a summary method Page 103-106 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 arc, 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 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 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 118-119 persons 6. The absolute rights of individuals are, I. Personal security. II. Personal 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 119 119 120 |