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Analysis of the Contents of This Volume ANALYSIS OF THE CONTENTS OF THIS VOLUME. CHAPTER I. PAGE. OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES,............. 1-17 wrongs are divisible into private wrongs and public wrongs ................... 2 private wrongs or civil injuries are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals ...... 2 for their redress courts of justice are instituted ...................... 2 the redress is effected, 1, by the mere act of the parties; 2, by mere ope- ration of law; 3, by suit or action in courts ........................ 3 redress by the mere act of the parties is, 1, that from the act of the in- jured party only; 2, that from the joint act of all the parties ......... 3 of the first sort are : 1. defence of one's self, and those who stand in the relation of hus- band and wife, parent and child, master and servant ........... 3 2. recaption of goods wrongfully taken, or wife, child or servant wrongfully detained ...................................... 4 3. entry on lands and tenements occupied by another without right, 5 4. abatement or removal of nuisance ........................... 5 5. distress for rent or other duties, or of cattle damage feasant ...... 6 which is a taking of a personal chattel of the wrongdoer into the custody of the party injured to procure satisfaction ...... 6 the things which may be distrained ....................... 7 distress should be made by day except in case of damage feasant, 10 and generally upon the premises ........................ 11 and for the whole duty at once ........................ 11 and must be reasonable in amount ...................... 12 the property must be impounded ....................... 12 :eplevin of the property ............................... 13 6. seizing of heriots, &c. ..................................... 15 of the second sort are : 1. accord, which is a satisfaction agreed upon between the party in- jured and the party injuring,................................ 15 2. arbitration, which is where the parties submit the matters in dis- pute to the judgment of arbitrators, sometimes adding an um- pire . ................................................ 16 right to real property cannot be submitted ................... 16 the submission may be made a rule of court .................. 16 CHAPTER II. OF REDRESS BY THE MERE OPERATION OF LAW .................................. 18-21 redress by mere operation of law is by retainer and remitter ................... 18 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 .............................................. 19 but the new title must be cast upon him, not gained by his own act or folly,. 20 CHAPTER III. OF COURTS IN GENERAL .......... ........................................... 22-29 redress of injuries in courts is effected by the co-operation of the act of the par- ties and the act of the law ......................................... 22 vii viii ANALYSIS OF THE CONTENTS OF THIS VOLUME. OF COURTS IN GENERAL - (continued.) PAGE. where a party has a remedy by his own act, he has a remedy in court at his option .. ......................................................... 22 a court is a place where justice is judicially administered ...................... 23 the power to hold which is derived from the king, who, in contemplation of law, is always present .............................................. 23 some courts are of record, whose acts and proceedings are enrolled for a per- petual memorial and testimony ................................. 24 against the truth of which records nothing can be averred. ............ 24 other courts are not of record, and have limited power, ................... 25 in every court there are three constituent parts, the actor, the reus and the judex. ........................ .............. ............ 25 also in superior courts, attorneys and advocates, or counsel. ........... 25 the advocates are either barristers or sergeants ................... 26 some of whom are king's counsel ........................... 27 they cannot maintain action for fees ........................ 28 their privileges and responsibilities ......................... 29 CHAPTER IV. OF T19E PUBLIC OOURTS OF COMMON LAW AND EQUITY. .............................. 30-60 courts of justice are either, 1, of a public or general jurisdiction throughout the realm; or, 2, of a private or special jurisdiction. ...................... 30 historical view of courts ................. ........................... 30-32 of the courts for the redress of civil injuries there are: 1. the court of piepoudre, incident to fairs and markets,................ 32 2. the court-baron, incident to every manor, and holden by the steward,. 33 3. the hundred court, a larger species of court-baron .................. 34 4. the county court, incident to the jurisdiction of the sheriff ......... 35 the new county courts ........................................ 35n 5. the court of common pleas, or common bench ................... 37 held by judges appointed by the king, with jurisdiction in all civil cases .......................... 41 6. the court of king's bench ..................................... 41 which has general control of inferior jurisdictions and corpora- tions, and cogmzance of civil and criminal causes ............... 42 7. the court of exchequer ....................................... 44 which is a court both of equity and common law ................. 45 8. the court of chancery, ........................................ 47 which has certain common law jurisdiction. ..................... 48 but its equity powers are of chief consequence, .................. 50 historical view thereof ................................ 50-56 9. the court of exchequer chamber, which is a court of appeal. ........ 56 10. the house of peers ............................................. 57 11. the courts of assize and nisi prius ............................... 58 courts of the United States,............................................ 60n CHAPTER V. OF COURTS EcOLESIASTIOAL, MILITARY AND MARITIME ............................ 61-70 history of the ecclesiastical courts...................................... 61-64 1. the archdeacon's court, the most inferior ............................. 64 2. the consistory court, of every diocesan bishop ......................... 64 3. the court of arches, a court of appeal belonging to the archbishop of Can- terbury .. ...................................................... 65 4. the court of peculiars, a branch of the court of arches .................. 65 5. the prerogative court for testamentary causes where there are bona notabi/ia in tw o dioceses .................................................. 65 6. the court of delegates, the great court of appeal in ecclesiastical causes, ... 66 7. a commission of review, sometimes granted to revise the sentence of the court of delegates .................................................. 67 transfer of jurisdiction to matrimonial and probate courts ................. 67n of military courts, the only permanent one is the court of chivalry. ............. 68 maritime courts have authority to determine all maritime injuries arising upon the high seas or in parts out of the reach of the common law,................ 69 they are only the court of admiralty and its courts of appeal. .............. 69 of which the highest is now the judicial committee of the privy council, .... 69n ANALYSIS OF THE CONTENTS OF THIS VOLUME. CHAPTER VI. PAGE OF COURTS OF SPECIAL JURISDICTION.......................................... 71-85 courts of a special or private jurisdiction are: 1. the forests courts . ................................................ 7] 2. the courts of commissioners of sewers ............................... 73 3. the court of policies of insurance ...... ............................. 74 4. the court of the marshalsea and palace court ......................... 76 5. the courts of the principality of Wales ............................... 77 6. the court of the duchy chamber of Lancaster,........................... 78 7. the courts of counties palatine ................................... .. 79 8. the stannary courts .............................................. 80 9. the courts of London and other corporations .......................... 81 10. the university courts .............................. ... ........... 83 CHAPTER VII. OF THE COGNIZANCE OF PRIVATE WRONGS ..................................... 86-114 the common law determines the jurisdiction of the ecclesiastical, military and maritime courts, and keeps them within bounds ......................... 86, 87 injuries cognizable in the ecclesiastical courts are: 1. pecuniary, including, subtraction of tithes . ............................................ 88 non-payment of ecclesiastical fees and dues .......................... 89 spoliation, by a clerk or incumbent taking the fruits of his benefice w ithout right . ............................................ 90 remedy by decree for account ................................ 91 dilapidations, which are a sort of waste. ............................ 91 remedy, by action for damages ................................
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