sentences of the admiralty judge; but, in cases of prize vessels taken in the time of war in any part of the world and condemned in any of the courts of admiralty or vice-admiralty as lawful prize, where lies an appeal? 69.

CHAP. VI.-Of Courts of a Special Jurisdiction.

1. WHAT are the ten courts whose jurisdiction is private and special, confined to particular spots, or instituted only to redress particular injuries 71, 73-75, 77-80, 83.

2. What were the forest courts? 71-73.

3. By whom is the court of commissioners of sewers appointed; what are their jurisdiction and power; and under whose control are they? 73, 74.

4. What are the power and jurisdiction of the court of policies of assurance; by whom may it be appointed; of whom does it consist; and why has it fallen into disuse? 74, 75.

5. What is the origin of the court of the marshalsea and the palace-court at Westminster; how were both revived by king Charles I.; what is their present jurisdiction; how may their proceedings be removed; and where lies an appeal from them? 75, 76.

6. What are the courts of the principality of Wales; by whom are the judges of session appointed; what is their jurisdiction; and where lies an appeal from their judgments? 77.

7. What writs of process of the king's courts at Westminster run into the principality of Wales; and when may actions between Welsh parties be brought in the English courts, and where may they be tried? 77, 78.

8. What are the nature and jurisdiction of the court of the duchy-chamber of Lancaster; and before whom may it be held? 78.

9. What is the jurisdiction of the courts appertaining to the counties palatine of Chester, Lancaster, and Durham, and the royal franchise of Ely; under whose government are these franchises; and by virtue of what do the judges of assize sit therein? 78, 79.

10. What franchises and exclusive jurisdiction (before whom) have the cinque ports of Dover, Sandwich, Romney, Hastings, and Hythe, to which Winchelsey and Rye have been added; and what is the progress of an appeal from them? 79. 11. Why may all prerogative writs issue to these exempt jurisdictions? 79.

12. What are the stannary courts in Devonshire and Cornwall; and before whom are they held? 79.

13. What are the privileges of tinners; and what is the progress of appeal from decisions in a sannary court? 80.

11. What is the origin of the several courts within the city of London and other cities, boroughs, and corporations, held by prescription, charter, or act of parliament; under what superintendency are they; and according to what aw must their proceedings be? 80, 81.

15. What are the nature and constitution of the courts of requests or courts of conscience; and wherein do their proceedings vary from the course of the common law? 81.

16. What does the commentator recommend In preference to courts of requests; and why? 82, 93

17. In what one instance have the proceed ings in the county and hundred courts been again revived by the statute 23 Geo. III. c. 33; and what does it enact? 83.

18. What are the jurisdiction and system of jurisprudence of the chancellor's courts in the two universities of England; and why, in the reign of Queen Elizabeth, was an act of par liament obtained confirming all the charters of the two universities? 83-85.

19. Who is the judge of the chancellor's court; and what is the progress of an appeal from its decisions? 85.

CHAP. VII.-Of the Cognizance of Private Wrongs.

1. Or what three classes are wrongs or injuries cognizable by the ecclesiastical court, not for the sake of the party injuring, (pro salute animæ,) but for the sake of the party injured? 87, 88.

2. From what five principal injuries do the pecuniary causes cognizable in the ecclesiastical court arise? 88-92.

3. When will a suit for tithes lie in ecclesiastical courts? 88, 89.

4. What, by the ancient law and by the statute 2 & 3 Edw. VI. c. 18, is the penalty in case any person shall carry off his predial tithes before the tenth part be duly set forth, or agreement be made with the proprietor, or shall withdraw his tithes of the same, or shall hinder the proprietor of the tithes, or his deputy, from viewing or carrying them away? 89.

5. But how may what tithes and dues be recovered by statutes 7 W. III. c. 6 and 8 W. III. c. 34? 89, 90.

6. When will a suit for fees lie in the ecclesiastical courts? 90.

7. When has a curate a remedy for his salary in the ecclesiastical court? 90.

8. What is spoliation, and when is it cognizable in the spiritual court? 90, 91.

9. When will the temporal courts interfere with the spiritual in causes matrimonial? 93.

10. What are the five principal mutrimonial causes now cognizable in the ecclesiastical courts 93, 94.

11. When does the ecclesiastical law decree a divorce à menså et thoro, and when à vinculo matrimoni? 94.

12. What are the three principal testamentary causes belonging to the ecclesiastical jurisdiction? 98.

13. In what cases of testamentary causes do the courts of equity exercise a concurrent jurisdiction with the ecclesiastical courts; and why? 98.

14. According to the practice of what laws are the proceedings in the ecclesiastical courts regulated? 100.

15. When will the courts of common law award a prohibition against the proceedings in the spiritual court? 100.

16. What is the ordinary course of proce ding in the ecclesiastical courts? 100, 101.

17. What process have the ecclesiastical courts to enforce their sentences? 101.

18. What are the two sorts of excommunication? 101.

19. What if the judge of any spiritual court excommunicate a man for a cause of which he hath not the legal cognizance? 101.

24. When is it a settled distinction that the remedy shall be by an action of trespass vi et armis, and when by an action of trespass upon the case? 123.

25. Of what three kinds are injuries affecting a man's reputation or good name? 123, 125, 126.

26. What words are actionable without proving any particular damage to have happened, but merely upon the probability that it might happen? 123, 124.

27: What is scandalum magnatum; how is it redressed; and, if tending to scandalize whom, are words reputed more highly injurious than ordinary? 123, 124.

28. What is called laying an action for words with a per quod? 124.

29. When are scandals cognizable only in the ecclesiastical court? 124, 125.

30. What words are not actionable? 124, 125. 31. When will no action for words lie, even though special damage have ensued; and is it damnum absque injuriâ? 125.

32. What are libels; and why are there what two remedies for libels? 125.

33. In the remedy by action on the case for libel, may the defendant justify the truth of the facts and show that the plaintiff has received no injury at all? 125, 126.

34. What is it necessary for the plaintiff to show in actions for libels by signs and pictures?

126.

35. In the case of injuries affecting a man's reputation by malicious prosecutions, when does the law give him the choice of what two remedies? 126.

36. By what injury is the right of personal liberty violated? 127.

37. What two points are requisite to constitute the injury of false imprisonment? 127, 128. 38. Of what two sorts is the remedy for false imprisonment? 128.

39. What are the four means of removing the actual injury of false imprisonment? 128.

40. What is the writ of mainprize, manucaptio; when is it generally granted, and when specially; and how do mainpernors differ from bail? 128.

41. What is the writ de odio et atia; what does magna carta say of it; by what was it abolished; and by what is Sir Edward Coke of opinion that it was revived? 128, 129.

42. What is the writ de homine replegiando; and when does a process issue called a capias in withernam; and what is its effect? 129.

43. But what hath almost entirely antiquated these three remedies of false imprisonment; and to what hath it caused a general recourse to be had in behalf of persons thus aggrieved? 129.

44. What four kinds of the writ of habeas corpus are made use of by the courts at Westminster for removing prisoners from one court to another in the more easy administration of justice? 129, 180.

45. What is the habeas corpus ad respondendum?

129.

46. What is that ad satisfaciendum? 129. 47. What are those ad prosequendum, testificandum, deliberandum, &c.? 129.

48. What is the common writ ad faciendum et recipiendum; and why is the writ frequently denominated an habeas corpus cum causa? 129, 130

49. Upon what is this writ grantable, and what is its effect? 130.

50. But what is ordered by the statute 1 & 2 P. and M. c. 13 in order to prevent the surreptitious discharge of prisoners? 130.

51. And what is enacted by statutes 21 Jac. I. c. 23, 12 Geo. I. c. 29, and 19 Geo. III. c. 70, in order to avoid vexatious delays by removal of frivolous causes? 130, 131.

52. Pat what is the great and efficacious writ in all manner of illegal confinement; what does it direct; and when, whence, and whither does it issue? 131, 132.

53. How must this writ be obtained; and why? 132, 133.

54. When is this writ a writ of right in whɔm against whom? 133.

55. What is it absolutely necessary to express upon every commitment? 134.

56. What does the statute 16 Car. I. c. 10, 2 8 enact as to the writ of habeas corpus? 135. 57. What does the famous habeas corpus act, 31 Car. II. c. 2, enact; but to what commitments only does it extend? 136, 137.

58. What if the writ be not immediately obeyed? 137.

59. What is the satisfactory remedy for the injury of false imprisonment? 188.

60. What four relations of persons do injuries which affect the relative rights of individuals particularly affect? 139.

61. What are the three principal injuries which may be offered to a husband? 139.

62. What does the law always suppose in case of abduction; and why? 189.

63. What two species of remedy has the husband for this injury? 139.

64. What satisfaction does the law give a husband for the civil injury of adultery? 139. 65. By what circumstances are the damages recovered for this injury increased or diminished? 140.

66. In what cases must marriage in fact be proved? 140.

67. When does the law give the husband a separate remedy by an action of trespass per quod consortium amisit? 140.

68. Of what two kinds were injuries that might be offered to persons considered in the relations of parent or guardian; and, provided either be still an injury, what is the remedy? 140, 141.

69. But what more speedy and summary method of redressing all complaints relative to wards and guardians hath of late obtained; and what is expressly provided by statute 12 Car. II. c. 24 as to testamentary guardians? 141, 142.

70. What two species of injuries are incident to the relation between master and servant, and the rights accruing therefrom? 142.

71. Who have what two remedies in case on man beat or confine another's servant? 142.

CHAP. IX.-Of Injuries to Personal Property. 1. Or what two natures are the injuries whic may be offered to the rights of property? 144.

2. What are the two sorts of injuries which may be offered to the rights of personal property? 145.

3. To what two species of injuries are the rights of personal property in possession liable? 145.

4. Into what two branches is dispossession divisible? 145.

5. Of what two kinds is the remedy which the law has given for an unlawful taking of goods? 145, 146.

6. By what two species of action is the actual specific possession of the identical personal chattel restored to the proper owner? 146.

7. Why may this be done in the case of distress more than in any other? 146.

8. What are the two species of rescous and their several remedies? 146.

9. What is an action of replevin; and what do the statutes of Marlberge and of 1 P. and M. c. 12 direct the sheriff to do concerning replevin? 147.

10. In pursuance of the statute of Westminster 2, 13 Edw. I. c. 2, for what two things is security to be given by the party replevying to the sheriff or his deputy; and what does the statute 11 Geo. II. c. 19 require besides of the officer granting a replevin on a distress for rent? 147, 148.

11. But what if the distrainor claim any property in the goods so taken and to keep them by a kind of personal remitter? 148.

12. And what if the sheriff return that the goods or beasts are eloigned, elongata, carried to a distance to places to him unknown? 149.

13. When can goods taken in withernam be replevied? 149.

14. Upon action of replevin brought, when does the distrainor or defendant make avowry, and when cognizance? 150.

15. What if the cause be determined for the plaintiff; and what if for the defendant; and what does the statute of Westminster 3, c. 2 enact in this latter event? 150.

16. When shall the plaintiff have a writ of second deliverance and the defendant a writ of return irreplevisable; and what are they? 150.

17. What does the statute 17 Car. II. c. 7 direct if the plaintiff in an action of replevin be nonsuit before issue joined, or if judgment be given against him on demurrer; and what if the nonsuit be after issue joined, or if a verdict be against the plaintiff? 150, 151.

18. But what if, pending a replevin for a former distress, a man distrain again for the same rent or service? 151.

19. What is the remedy if one man take the goods of another out of his possession; or what other remedy may the party have, at his choice, if the taking be without force? 151.

20. Of what two kinds is the remedy for the unlawful detaining of goods lawfully taken? 151, 152.

21. By what two species of action may the first of these kinds of remedy be sought? 151, 152. 22. What is necessary in an action of detinue; and for what, therefore, cannot such action be brought? 152.

23. What four points are necessary to ground an action of detinue? 152.

24. But what disadvantage attends this action; and whence did it arise? 152.

27. What are the two remedies for damage thsi may be offered to things personal while in the possession of the owner? 153, 154.

28. From what do all injuries affecting the right of things personal in action arise? 154. 29. What is the twofold division of contracts" 154.

30. What three distinct species do express con tracts include? 154.

31. What is the legal acceptation of debt? 154.

32. What are the two species of remedy for debt; and when only will the first lie? 154, 155. 33. For what two reasons is action of debt seldom brought but upon special contracts under seal? 155.

34. Wherein does an action on the case, or what is called an indebitatus assumpsit, differ from an action of debt? 155, 156.

35. But what, in an action of debt, if the defendant can show that he has discharged any part of it? 156.

36. When is the form of the writ of debt in the debet as well as the detinet; and when in the detinet only? 156.

37. What is a covenant; and what is the remedy for a breach of one? 156, 157.

38. What is a covenant real; and what is the remedy for a breach of one? 157.

39. What does the statute 32 Hen. VIII. c. 34 give to the grantee or assignee of a reversion ? 158.

40. What is a promise; and what is the remedy for a breach of one? 158.

41. In the case of a simple contract debt, what is it that gives the creditor his action on the case instead of being driven to an action of debt? 159.

42. In what five cases does the statute of frauds and perjuries, 29 Car. II. c. 3, enact that no verbal promise shall be sufficient to ground an action upon, but at least some note or memorandum of it shall be made in writing and signed by the party to be charged therewith? 159.

43. From what two circumstances do implied contracts arise? 159, 162.

44. What is every man bound and hath vir tually agreed to do by the fundamental constitu tion of government, to which every man is a contracting party? 160.

45. If a plaintiff have once obtained a judgment against a defendant for a certain sum and neglect to take out execution thereupon, what action may he afterwards bring upon this judgment, and to what proof shall he be put? 160.

46. How does the law look upon a forfeiture imposed by the by-laws and private ordinances of a corporation upon any that belong to the body, or an amercement set in a court-leet or courtbaron upon any of the suitors to the court? 161.

47. What forfeitures do the statute of Winchester and the statute 9 Geo. I. c. 22, commonly called the black act, impose upon the inhabitants of hundreds? 161.

48. What is called a popular action, and what a qui tum; and what does the statute 4 Hen. VII. c. 20 enact in order to prevent the practice of

26 What shall be recovered by an action of trover and conversion? 153.

qui tum action that may forestall and prevent other actions? 161.

49. What six classes of implied contracts, or assumpsits, arise from the general implication