OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES. wrongs are divisible into private wrongs and public wrongs,.. private wrongs or civil injuries are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals,... for their redress courts of justice are instituted,....... the redress is effected, 1, by the mere act of the parties; 2, by mere opera- redress by the mere act of the parties is, 1, that from the act of the i 1. defence of one's self, and those who stand in the relation of hus- 2. recaption of goods wrongfully taken, or wife, child or servant 8. entry on lands and tenements occupied by another without right, 4 abatement or removal of nuisance,. 5. distress for rent or other duties, or of cattle damage feasant,.. the things which may be distrained,. distress should be made by day except in case of damage feasant, PAGR 1-17 and generally upon the premises,... and must be reasonable in amount, 6. seizing of heriots, &c.,..... of the second sort are. .. 1. accord, which is a satisfaction agreed upon between the party in- 2. arbitration, which is where the parties submit the matters in die .... right to real property cannot be submitted,. 07 RRDRESS BY THE MERE OPERATION OF LAW,............. redress by mere operation of law is by retainer and remitter,... retainer is where a creditor becomes executor or administrator to his debtor, in which case he may retain the amount of his own debt before paying remitter is where one who has a good title to lands, &c., comes into posses sion by a bad one, and is thereupon remitted to his ancient good title, which ..... CHAPTER IIL OF COURTS IN GENERAL.. redress of injuries in courts is effected by the co-operation of the act of the par ties and the act of the law,. a court is a place where justice is judicially administered, the power to hold which is derived from the king, who, in contemplation of some courts are of record, whose acts and proceedings are enrolled for a per- against the truth of which records nothing can be averred,. ........... also in superior courts, attorneys and advocates, or counsel, some of whom are king's counsel,... they cannot maintain action for fees, courts of justice are either, 1, of a public or general jurisdiction throughout the realm; or 2, of a private or special jurisdiction,........... 4. the county court, incident to the jurisdiction of the sheriff, 5. the court of common pleas, or common bench.. held by judges appointed by the king, with jurisdiction in all civil 7. the court of exchequer,...... which is a court both of equity and common law,. which has certain common law jurisdiction,.. but its equity powers are of chief consequence,. 9. the court of exchequer chamber, which is a court of appeal, 11. the courts of assize and nisi prius,. 80-83 OF COURTS ECCLESIASTICAL, MILITARY AND MARITIME,. history of the ecclesiastical courts, 1. the archdeacon's court, the most inferior,.. 2. the consistory court, of every diocesan bishop,. 8. the court of arches, a court of appeal belonging to the archbishop of Can- 4 the court of peculiars, a branch of the court of arches,.. ...... 6. the court of delegates, the great court of appeal in ecclesiastical causes,. transfer of jurisdiction to matrimonial and probate courts,. of military courts, the only permanent one is the court of chivalry,.. maritime courts have authority to determine all maritime injuries arising upon the they are only the court of admiralty and its courts of appeal,. 69n 86-114 86-87 OF THE COGnizance of PRIVATE WRONGS,. the common law determines the jurisdiction of the ecclesiastical, military and 1. pecuniary, including, subtraction of tithes,..... non-payment of ecclesiastical fees and dues,. ..... spoliation, by a clerk or incumbent taking the fruits of his benefice with- marriage in fraudem legis, in which case it will be adjudged void,. refusal of proper maintenance to the wife, in which case alimony will be 8. testamentary causes, which are the probate of wills, the granting of ad- these courts proceed according to the civil and canon laws, and enforce their de- 95-98 ... 98-108 civil injuries cognizable in the court military or court of chivalry are injuries in all other injuries fall within the cognizance of the courts of common law,. an encroachment of jurisdiction is remedied by writ of prohibition,.. OF WRONGS ANd their Remedies RESPECTING THE RIGHTS OF PERSONS,........ 115-143 all wrong may be considered merely a privation of right, and the natural remedy is the being put in possession of that right,.. this may be effected either by a delivery of the thing detained to the owner, OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS.—(continued.) PAGE injuries against a man's personal security are: 1. affecting his life, to be hereafter considered,... 2, 3. affecting his limbs or body, which may be by threats of bodily harm, injuries against a man's personal liberty are by false imprisonment,... to remove which the remedies are, 1, by writ of mainprize; 2, by writ de odio et atia; 8, by writ de homine replegiando; 4, by writ of habeas corpus,.. damages may also be recovered in an action of trespass, 190 2. adultery, for which trespass or action on the case will lie,....... 8. beating or ill-treating the wife, for which husband and wife join in suing, or the husband may sue separately for loss of services, 140 II. parents, by the abduction of children,. III. guardians, when their wards are stolen or ravished away from them,. 141 1. retaining a man's hired servant before his time has expired,................ 142 2. beating him, per quod servitium amisit, ..... 3. to which may be added the seduction of his female servant,.. 148n the injuries to rights thereto are either by deprivation of possession, or by abuse or damage to the chattels while the owner continues in possession,.. 145 1. in case of an unlawful taking, remedy to restore the property may be or damages may be recovered in trover,. 159 for injuries to property in the owner's possession, the remedies are: 1. by action of trespass, where the act was immediately injurious to the 158 remedy for breach, an action of covenant to recover damages, contracts are express or implied,... express, include debts, covenants and promises,. a debt is a sum due by certain and express agreement,. a promise is in the nature of a verbal covenant,..... remedy for breach, an action of assumpsit,. certain promises required by the statute of frauds to be in writing... 159 implied contracts are such as reason and justice dictate and which therefore the law presumes the man has contracted to perform.... 160 of which are, 1, those arising from the nature and constitution of OF INJURIES TO PERSONAL PROPERTY.-(continued.) as 1. to pay quantum meruit for labor, ........ PAGE. 168 8. to account for money had and received to the use of another, 163 164 ✪F INJURIES TO REAL PROFERTY; AND FIRST OF DisposseSSION OR OUSTER OF THE injuries affecting real property are, 1. ouster; 2. trespass; 8. nuisance; 4. waste 2 by intrusion, where after a particular estate is determined, a stranger 8. by disseisin, which is a wrongful putting one out of possession, 169 4 by discontinuance, which is where tenant in tail or husband of tenant the remedies for these wrongs are, I peaceable entry, which is applicable only to the first three cases,. ............... and which must be made within twenty years,................................. 172 175 176 178 III. where the wrong doer hath gained the actual right of possession, the 197n the first, or action of ejectment, is now the usual mode of trying title, 200 after recovery of possession an action may be brought for mesne profits, 205 ejectment does not lie for incorporeal hereditaments except tithes,.. 8. a writ quare ejecit infra terminum lies against one who has come in under trespass is an injury directly and immediately injurious to the person or property of another, and therefore necessarily accompanied with some force,.. trespass to lands, signifies an entry on another man's ground without lawful where the trespass is by cattle, they may be distrained damage feasant,.. 811 in some cases an entry on another's lands is justifiable,... |