Injuries that may be offered to a person considered as a husband are principally three:-1. Abduction, or taking away a man's wife. 2. Adultery, or criminal conversation with her.3. Beating, or otherwise abusing her.

Abduction may either be by fraud and persuasion, or open violence; though the law in both cases assumes force and constraint; the wife having no power to consent; it therefore gives a remedy by action of trespass, and the husband may also sue in an action on the case for damages against such persons as persuade and entice the wife to live separate from him without a sufficient cause.*

Adultery is a grievous civil injury, for which the law up to a recent period gave satisfaction to the husband by an action of criminal conversation, but this action is now abolished, and its place supplied by 20 & 21 Vict., c. 85, which provides, inter alia, that the husband may petition the new Court of Divorce, established by that statute, for damages from any person on the ground of his having committed adultery with the petitioner's wife; and that the claim of damages shall be heard and tried on the same principles and according to the same rules as formerly applied to an action of criminal conversation, and the damages ascertained by the verdict of a jury. A new principle is, however, introduced-that of giving power to the court, after the verdict has been given, to decide in what manner the damages shall be paid or applied; and to direct that the whole or a part shall be settled for the benefit of the children, if any, of the marriage; or, as a provision for the maintenance of the wife.

Beating a man's wife, or otherwise ill-using her. The law gives a satisfaction to the husband for it by an action of trespass, which must be brought in the names of the husband and wife jointly; but if the beating or other maltreatment be very enormous, so that thereby the husband is deprived for any time of the company and assistance of his wife, the law then gives him a separate remedy by an action of trespass, in nature of an action upon the case, for this ill-usage per quod consortium amisit; in which he shall recover satisfaction in damages.

* See 24 & 25 Vict., c. 100, ss. 53 & 55.

An action is maintainable at the suit of the parent for the seduction of his daughter, or for the abduction or battery of his child. This is rather in his character of master, and not as parent; for actual or constructive loss of service must be shown and proved.

Of a similar nature is the relation of guardian and ward, but the usual method of redressing all complaints relative to wards and guardians with respect to their persons and property, and generally as to their custody, education, &c., is by an application to the Court of Chancery, which is the supreme guardian, and has the superintendent jurisdiction of all the infants in the kingdom.

There are two species of injuries incident to the relation between master and servant, and the rights accruing therefrom. The one is, retaining another man's hired servant before his time is expired; the other is beating, confining, or disabling him in such a manner that he is not able to perform his work. As to the first, the retaining another person's servant during the time he has agreed to serve his present master is also an illegal act. For every master has, by his contract, purchased for a valuable consideration the service of his domestics for a certain time; the enticing away or hiring his servant, which induces a breach of this contract, is therefore an injury to the master; and for that injury the law has given him a remedy by a special action on the case; and he may also proceed against the servant for the non-performance of his agreement. But if the new master was not apprised of the former contract, no action lies against him, unless he refuses to allow the servant to leave. The other injury is that of beating, confining, or disabling a man's servant, which depends upon the same principle as the last, viz., the property which the master has by his contract acquired in the services of the servant. In this case, besides the remedy of an action of battery or imprisonment which the servant himself, as an individual, may have against the aggressor, the master also, as a recompense for his immediate loss, may maintain an action of trespass, in which he must allege and prove the special damage he has sustained by the beating of his servant, per

quod servitium amisit; and then the jury will award him a proportionable pecuniary satisfaction.

Injuries may also be sustained by an individual in respect of his public rights. These are remedied by indictment or action on the case where any loss has been experienced by the party. An injury of this kind has been recently provided for by 31 & 32 Vict., c. 125, s. 48, which provides that if any returning officer shall wilfully delay, neglect, or refuse duly to return any person who ought to be returned to serve in Parliament for any county or borough, such person may sue the officer in any of her Majesty's courts of record at Westminster, and recover double the damages he shall have sustained, together with full costs of suit.

By Death by Accident Compensation Act, 9 & 10 Vict., c. 93,* an Act "for compensating the families of persons killed by accident," an injury to the relation of parent or child is actionable, and the damages shall be for the benefit of the wife, husband, parent, or child of the person whose death shall have been so caused. The action must be commenced within twelve calendar months, and damages may be recovered commensurate with the pecuniary loss caused by the defendant; such damages to be assessed by the jury.

* See also 31 & 32 Vict., c. 119, s. 22, which, for the safety of passengers, enacts that every company shall provide and maintain in good order efficient means of communication between the passengers and the servants of the company in charge of the train. In default, the company shall be liable to a penalty of £10; and any passenger who makes use of the said communication without reasonable excuse, shall be liable for each offence to a penalty not exceeding £5.

INJURIES TO PERSONAL PROPERTY.

In the preceding chapter we considered the Wrongs or Injuries that affect the rights of persons, either considered as individuals or as related to each other; let us now discuss such injuries as affect the rights of property and the remedies which our law has given to repair or redress them. First, then, as to the injuries that may be offered to the rights of personal property, which, as before stated, consists of goods, money, and all other movable chattels, and things thereunto incident; and secondly, in accordance with the former division of property, the wrongs to real property, which consists of such things as are permanent, fixed, and immovable.

Explain such Injuries as affect the Rights of "Personal" Property, with their respective Remedies.

The rights of PERSONAL PROPERTY in possession are liable to two species of injuries: The Amotion, or Deprivation of that possession; and the Abuse or Damage of the chattels, while in possession of the legal owner.*

The deprivation of possession is divisible into several branches : such as taking them away unlawfully; their unlawful detention; tortious acts which subject the owner to the loss of them; or, doing damage to them while in his possession.

The wrongful-taking of goods being clearly an injury, the next consideration is, the remedy the law of England has given for it; and this is, by an action of trespass, wherein the plaintiff may recover, not the thing itself, but damages for

* See Malicious Injuries to Property Act, 24 & 25 Vict., c. 97.

the loss of it; or by the action of replevin, which means the delivery of the goods to the proper owner on his giving security to prosecute the necessary action to try the legality of the taking.

Detinue and replevin are the only actions in which the specific possession of the identical personal chattel is restored to the proper owner; for things personal are looked upon by the law as of a nature so transitory and perishable, that it is for the most part impossible to ascertain their identity, or to restore them in the same condition as when they came to the hands of the wrongful possessor. Our law, therefore, contents itself, not by restoring the thing itself, but by giving the party injured a satisfaction in damages.*

Deprivation of possession may be by an unjust detainer of another's goods, though the original taking was lawful. As if I distrain another's cattle damage-feasant, and before they are impounded, he tenders me sufficient amends; though the original taking was lawful, my subsequent detention of them after tender of amends is wrongful, and he shall have an action of replevin against me to recover them; in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful. Or, if I lend a man a horse, and he afterwards refuses to restore it; this injury consists in the detaining, and not in the original taking, and the regular method for me to recover possession is by action of detinue. In this action of detinue, it is necessary to ascertain the thing detained, in such a manner so that it may be specifically known and recovered. Therefore it cannot be brought for money, corn, or the like; for that cannot be known from other money or corn; unless it be in a bag or a sack, for then it may be distinguishably marked.

Trover or Conversion is a species of trespass on the case, and an action "originally lay for recovery of damages against such person as had found another's goods and refused to deliver them on demand, but converted them to his own use; from which finding and converting it is now called an action of trover and conversion. The injury lies in the conversion; * See 23 & 24 Vict., c. 126.