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sentences of the admiralty judge; but, in cases of prize vessels taken in the time of war in any pari of the world and condemned in any of the count of admiralty or vice-admiralty as lawful priie, 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, 78-75, 77-80, 83.

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

8. By whom is the court of commissioners of seu-m appointed; what are their jurisdiction and power; and under whose control are they? 78, 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.

6. Wha' 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 t 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 nssize sit therein? 78, 79.

10. What franchises and exclusive jurisdiction (before whom) have the cinque ports of Dover, Sandwich, Romney, Hastings, and llythe, to which Wmehelsey 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 a annary court? 80.

14. What is the origin of the several courts wilhin 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.

10. 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 t 81.

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

17. In what one instance have ;he 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 systom 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 t 83-85.

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

CHAP. VII.—Ofthe Cognizance ofPrivate 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 animte,) 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 t 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. IIL 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 t 90.

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

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

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

11. When does the ecclesiastical law decree a divorce a mensd et thoro, and when a vinculo matrimonii t 94.

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

13. In what cases of testamentary causa 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 uwaic a prohibition against the proceedings in the spiritual court t 100.

10. What is the ordinary course of proce* .ling in the ecclesiastical courts f 100, 101.

17. What process have the ecUesiastieal courts to enforce their sentences t 101.

18. What are the two sorts of excommunicationt 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.

20. What a its is an excommunicated person disabled from doing? 102.

21. What are writs of significant or de excommunicato capiendo and de excommunicato deliberandi; when and whence do they issue; and what are their effects? 102.

22. What assistance is given by the statutes 27 Hen. VIII. c. 20 and 32 Hen. VIII. o. 7 in case of subtraction of tithes t 102, 108.

28. What is the jurisdiction of the court military or courts of chivalry declared to be by statute 13 Rio. II. c. 2; and by what fiction of common lav has it been still more narrowly confined? 103.

24. Of what two civil injuries is it cognizable? 103, 104.

25. Will an action for words lie; and what remedy can the court military give as a court of honourt 104.

26. What were the proceedings of the court military as a court of heraldry and precedence; and why has it fallen into disuse? 105.

27. What deeds and records of the heralds are received in a court of justice t 105.

28. How has the house of lords provided for the descent of peers f 106.

29. Have the courts maritime cognizance of any thing done by water within the body of any county, of wrecks, of things flotsam, jetsam, and ligan. of seaman's wages contracted for on land, of charter parties or ship covenants, or of contracts made upon sea to be performed in England; and what is the general rule as to their jurisdiction? 106, 107.

30. By what fiction of common law has the tognizance of suits been drawn from the courts of admiralty to those of Westminster hall 7 107.

81. What if a question that is proper for the cognizance of the court of admiralty should arise in a cause of which that court hath not the original jurisdiction; or if a question properly determinable by the common law should arise in a cause of which the court of admiralty hath the •riginal jurisdiction? 108.

82. Upon what laws are the proceedings of !he courts of admiralty founded? 108.

83. What are their process and power? 108, 109.

84. What injuries are cognizable by the courts af common lawt 109.

85. What is the remedy when justice is either refused or delayed by an inferior court that has proper cognizance of the cause? 109.

86. What is a writ of procedendo ad judicium; and when and whence does it issue? 109, 110.

37. What is a writ of mandamus; and when and whence docs it issue? 110, 111.

88. What is a peremptory mandamus; when does it issue; and what if a false return should be made to it? 111.

89. What is the remedy when an inferior court encroaches on its jurisdiction or calls one coram nonjudice to answer in a court that has no legal cognizance of the cause? 111.

40. What is a writ of prohibition; and when, whence, and whither does it issue? 112.

41. What if the judge or the party shall proceed after such prohibition? 113.

42. What is the usual form of proceeding upon prohibitions f 113.

48. When is the pa; iy applying for the prohi

bition directed to declare in prohibition; and what is the nature and effect of that proceeding? 113 114.

44. When is a writ of consultation awarded upon that proceeding; why is it so called; and what is its effect? 114.

45. What if the fact upon which the prohibition is granted be afterwards falsified? 114.

46. In what other case is the writ of eensuliaHon frequently granted? 114.

CHAP. VIII.—Of Wrongs and their Remedies respecting the Sights of Persons.

1. What two things may be considered in treating of the cognizance of injuria by th« courts of common lawt 115.

2. What is the plain, natural remedy for every species of wrong between subject and subject t 116.

8. In what two ways may this remedy be effected? 116.

4. What are the instruments whereby this remedy is obtained? 116.

5. Into what three kinds are the suits, from the subject of them, distinguished? 117.

6. Of what two sorts are personal actions ; and upon what is each said to be founded? 117.

7. What are real actions; and why and for what are they now pretty generally laid aside in practice? 118.

8. What are mixed actions t 118.

9. What distinction into two kinds runs through all civil injuries; the latter species why savouring of the criminal kind, and how, therefore, in strictness of law, liable to a double punishment? 118, 119.

10. May we make the same division of injuria that we did of rights in a former book? 119.

11. Into what two kinds, may we remember, were the rights of persons distributed; and what three were the absolute rights of each individual defined to be; and must the wrongs or injuria affecting them be of a correspondent nature? 119.

12. Of what five kinds are the injuries which affect the personal security of individuals? 119.

18. By what five means may the two species of injuries affecting the limbs or bodies of individuals be committed? 120, 121.

14. What is necessary to complete the injury of threat t 120.

15. What constitutes assault t 120.

16. What constitutes battery; and when 11 battery justifiable? 120.

17. What is the plea of son assault demons t 120.

18. What is the plea of molliter nanus imposrnt; and when may it be pleaded in justification 1 121.

19. What is mayhem 1 121.

20. What are the members the loss of which constitutes mayhem; and what are not? 121.

21. For which of these five injuries may am indictment be brought as well as an action; mi why? 121.

22. What are the injuries affecting a man's health; and, these being injuries unaccompanied by force, what is the remedy for them? 122.

23. What is the special action of trespass or transgression upon the case; and why is it SO called? 122.

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

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

28. 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 quodf 124.

29. When are scandals cognizable only in the ecclesiastical court t 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 injuria 1 125.

82. What are libels; and why are there what two remedies for libels t 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 ■how in actions for libel, by signs and pictures? 126.

M. 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.

87. What two points are requisite to constitute the injury of false imprisonmentt 127, 128.

38. Of what two sorts is the remedy for false imprisonmentt 128.

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

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

41. What is the writ de odio et alia; 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 respondendumt 129.

46. What is that ad satisfaciendum t 129.

47. What are those ad prosequendum, testified, deliberandum, &C. ? 129.

48. What is the common writ ad faciendum et recipiendum; and why is the writ frequently denominated an habtas corpus cum causa t 129, 180

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 t 130.

51. And what is enacted by statutes 21 Jao. L c. 23, 12 Geo. I. c. 29, and 19 Geo. III. o. 70, in order to avoid vexatious delays by removal of frivolous causes t 130, 181.

62. 2at what is the great and efficacious writ in all manner of illegal confinement; what does it direot; and when, whence, and whither does* it issue? 131, 132.

53. How must this writ be obtained; and why? 132, 183.

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

65. What is it absolutely necessary to express upon every commitment t 134.

56. What does the statute 16 Car. I. o. 10, \ 8 enact as to the writ of habeas corpus t 135.

57. What does the famous habeas corpus act, 31 Car. II. o. 2, enact; but to what commitments only does it extend? 136, 187.

58. What if the writ be not immediately obeyed? 187.

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 t 139.

64. What satisfaction does the law give a husband for the civil injury of adultery t 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' s separate remedy by an action of trespass per quod consortium amisit t 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. e. 24 as to testamentary guardians 1 141, 142.

70. What two species of injuries are inoident 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.—Jjf Injuries to Personal Property.

1. Or what two natures are the n whio may be offered to the rights of property .* 144.

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

3. To what two species of injuries are the rights of personal property in possession liable? 146.

4. Into what two bran shea 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. o. 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 f 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, o. 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.

2i. But what disadvantage attends this action; and whence did it arise? 152.

25. What was the action of trover and conversion in its original; and why by fiction of law was its use enlarged to what extent? 153.

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

27. What aie the two remedies for damage th*» 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 contract* * 154.

30. What three distinct species do exprtss contracts 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? 164,155.

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 debtt 155, 166.

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? 167.

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

40. What is & 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 cast instead of being driven to an action of debt t 159.

42. In what five cases does the statute ot 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 bo charged therewith? 169.

43. From what two circumstances do implied contracts arise? 169,102.

44. What is every man bound and hath virtually agreed to do by the fundamental constitution 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-lcet 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 tarn; and what does the statute 4 Hen. VII. c. 20 enact in order to prevent the practice of offenders procuring their own friends to begin a qui lam action that may forestall and prevent other actions? 161.

49. What six classes of implied contracts, or assumpsits, arise from the general implication •nd intendment of tue courts of judicature, that every man hath engaged to perform what his justice or duly requires? 162-166.

50. What is a writ of account dt computato; and against whom is it extended by statute 4 Anne, c. 16? 164.

51. When is a sheriff or gaoler liable to an action *n the case; and when of debit 165.

62. But in what case does the law imply no peneral undertaking to perform an office with integrity, diligence, and skill? 166.

53. What is an action of deceit, (or on the cote in nature of a writ of deceit,-) and when may it be brought? *165, *166.

<1HAP. X.—Of Injuria to Real Property; and, first, of Dispossession, or Ouster of the Freehold.

1. What are the six principal injuria affecting real rights? 1G7.

2. What is ouster; and of what two kinds may

it be? 167.

3. liy what five methods is ouster of the freehold effected i 167.

4. What is an abatement? 167, 168.

5. What iB an intrusion; and wherein does it differ from an abatement? 169.

6. What is a disseisin; and wherein does it differ from the two former species of injury t 169.

7. How must disseisin of things corporeal be effected? 170.

8. What is disseisin of things incorporeal? 170.

9. With regard to freehold rent in particular, what five methods of working a disseisin thereof do our ancient law-books mention? 170.

10. But when only are all these disseisins of hereditaments incorporeal such? 170.

11. May not something of this kind be done, even in corporeal hereditaments, to entitle a man to <he more easy and commodious remedy of an assise of novel disseisin, instead of being driven to the more tedious process of a writ of entry? 170, 171.

12. Wherein do the remaining two species of mjury by ouster differ from the former three? 171.

13. What is a discontinuance? 171, 172.

14. What did the statute 82 Hen. VIII. o. 28 provide as to a discontinuance of the wife's estate by the alienation of the husband; and what is declared by the statutes 1 Eliz. c. 19 and 18 Eliz. c. 10 as to discontinuance by the alienation of a sole corporation? 172.

15. What is a deforcement as contradistinguished from the former four species of injury by ouster? 172-174.

16. What are the remedies for the several specie" of injury by ouster t 174.

17. What is the first method whereby these remedies may be obtained, or that where the tenant or occupier of the land hath gained only a mere possession and no apparent shadow of right f 174.

18. How must entry be made; and what are making claim and continual claimt 174, 175.

19. Upon what three only of the five species ui ous'er does the remedy by entry take place? 175.

20. What remedy has a man for ouster by a Unmt by sufferance? 175, 176.

21. How may the right of entry be tolUi an J why? 176, 177.

22. Yet what exceptions are there to this rule of tolling the right of entry; and how is it still further narrowed by the statute 32 Hen. V111. c. 83? 177, 178.

23. What is enacted, on the other hand, by the statute of limitations, 21 Jac. I. o. 16, and by statute 4 & 5 Anne, c. 16? 178.

24. What is the remedy upon an ouster by th* discontinuance of tenant in tail, or in case of deforcement; and why? 178, 179.

25. What if one turn or keep another out of possession forcibly; and what does the statute 8 Hen. VI. c. 9 enact in such oase, or if any alien ation be made to defraud the possessor of hi* right? 179.

26. What are the two remedies which are in use where the tenant or occupier hath in him not only a bare possession, but also an apparent right of possession? 179, 180.

27. If a recovery be had against the dispossessor in the actions by writ of entry or an assise, may he afterwards exert his legal claim to the right of ownership? 180.

28. What is a writ of entry; to whom is it directed; and what does it require? 180, 181.

29. Against whom must the writ of entry always be brought; and what are the degrees, called the per, the per and cut, and the post, within which writs of entry are brought? 182, 182.

30. To what cases of ouster is the remedy by writ of entry inapplicable? 181, 183.

81. What is the origin of a writ of assise; wherein does it differ from a writ of entry; and can recourse be had to the one action to set asidi the decision of the other? 184, 186.

32. To what two species of injury by ouster is the remedy by ml of assise only applicable? 185.

33. What were an assise of mart d'ancestor, and writs of ayle, or de avo, of besayle, or deproavo, of cosmage, or de consangumeo, and of nuper obiit; beyond what degrees collateral and lineal was a man not allowed to have any of these actions; and why can they not now be brought? 185187.

34. What is an assise of novel (or recent) disseisin; and wherein does it differ from an assist of mort dancestor? 187.

85. If the jury of recognitors, in an assise of novel disseisin, find an actual seisin in the demandant, what shall he have? 187.

36. If a person disseised recover seisin of the land again by assises of novel disseisin and mort d'ancestor, and be again disseised of the same tenements by the same disseiior, what is enacted by the statutes of Merlon, Marlberge, and Westminster 2? 188.

37. Beyond what period does the present statute of limitations enact that no person shall bring any possessory action to recover possession of lands, and customary and prescriptive rents, suits, and services, merely upon the seisin or dispossession of his ancestors? 189.

38. Had it not been for the lootrine of remitter, how might the tenant by remitter have been turned out of possession? 190.

39. What is the great and final remedy whereby the right of property may be asserted against the right of possession? 191.

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