XIII. Of Offences against the Public Health, and the Public Police or XXXII. Of Execution,.. XXXI. Of Reprieve and Pardon, England,.. .... PAGR 154 161 176 205 220 229 251 258 280 289 296 301 ..... 318 322 332 342 365 375 390 394 403 407 XXXIII. Of the Rise, Progress and Gradual Improvements of the Laws of APPENDIX. Record of an Indictment and Conviction of Murder at the Assizes, 445 Conviction of Manslaughter,.. 446 3. Entry of a Trial Instanter in the Court of King's Bench upon a Collateral Issue; and Rule of Court for Execution thereon,.... 447 Warrant of Execution on Judgment of Death, at the General Gaol delivery in London and Middlesex,. 448 5. Writ of Execution upon a Judgment of Murder before the King in Parliament,. 448 ANALYSIS OF THE CONTENTS OF THIS VOLUME. CHAPTER I. ..... 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 infringment 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 in- 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 wrongfully detained,. 3. 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,. which is a taking of a personal chattel of the wrongdoer into the custody of the party injured to procure satisfaction,... the things which may be distrained, distress should be made by day except in case of damage feasant, and generally upon the premises,. and must be reasonable in amount,. PAGE .1-17 and for the whole duty at once, 11 12 1. accord, which is a satisfaction agreed upon between the party injured and the party injuring,.... 15 2. arbitration, which is where the parties submit the matters in dispute to the judgment of arbitrators, sometimes adding an umpire, ... right to real property cannot be submitted,. the submission may be made a rule of court, CHAPTER II. OF REDRESS BY THE MERE OPERATION OF LAW,........... 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 other debts of equal degree,. 18 remitter is 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 possession,..... but the new title must be cast upon him, not gained by his own act or folly, . redress of injuries in courts is effected by the co-operation of the act of the parties and the act of the law,... 22 OF COURTS IN GENERAL (continued.) where a party has a remedy by his own act, he has a remedy in court at his 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, other courts are not of record, and have limited power,. in every court there are three constituent parts, the actor, the reus, and the ..... also in superior courts, attorneys and advocates, or counsel,. they cannot maintain action for fees, OF THE PUBLIC COURTS OF COMMON LAW AND EQUITY,.. courts of justice are either, 1, of a public or general jurisdiction throughout the 60n historical view thereof,.... 9. the court of exchequer chamber, which is a court of appeal, 11. the courts of assize and nisi prius,. courts of the United States,.... 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, 3. 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,. 5. the prerogative court for testamentary causes where there are bona notabilia of military courts, the only permanent one is the court of chivalry,. they are only the court of admiralty and its courts of appeal, of which the highest is now the judicial committee of the privy council 6. the court of delegates, the great court of appeal in ecclesiastical causes,. transfer of jurisdiction to matrimonial and probate courts,. 86-87 the common law determines the jurisdiction of the ecclesiastical, military and mari- .... non-payment of ecclesiastical fees and dues,. spoliation, by a clerk or incumbent taking the fruits of his benefice without right........ remedy by decree for account,. ..... 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 3. testamentary causes, which are the probate of wills, the granting of admin- these courts proceed according to the civil and canon laws, and enforce their de- ... 98-103 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,.... and encroachment of jurisdiction is remedied by writ of prohibition, OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS,...... 115-143 this may be effected either by a delivery of the thing detained to the owner, or the instruments by which remedy is obtained are suits and actions... which are divided into personal, real, and mixed,.......... civil injuries are to the rights of persons or to the rights of property,. 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, 119 2, 3. affecting his limbs or body, which may be by threats of bodily harm, 120 ... ..... 121 123 123 125 127 5. affecting his reputation, which may be by slander, or by malicious prosecution, 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 the habeas corpus act,... .... damages may also be recovered in an action of trespass, injuries to private property are considered hereafter,.... injuries to relative rights affect: I. husbands, and may be, 1. abduction, or taking away his wife, for which he may recover damages, 129 135 138 138 139 2. adultery, for which trespass or action on the case will lie,...... 139 1. retaining a man's hired servant before his time has expired, 3. to which may be added the seduction of his female servant, OF INJURIES TO PERSONAL PROPERTY,..... personal property is either in possession or in action,. 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 had by replevin,....... 2. for an unlawful detainer of goods, remedy to recover possession may be by replevin or detinue, or damages may be recovered in trover.. 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 property,.. 2. by action on the case, where the injury was only consequential, injuries to rights in action are by breach of contract, remedy for breach, an action of covenant to recover damages, 157 157 158 158 158 for which action of debt or on the case may be brought, a covenant is an undertaking by deed, a promise is in the nature of a verbal covenant, certain promises required by the statute of frauds to be in writing, 159 2. those which arise from natural reason and the just construction of law, 162 as to pay judgments, penalties, &c.,..... |