Page images
PDF
EPUB

It is confidently believed that these results have been successfully accom plished by Judge Sharswood, whose long experience on the bench, and as a teacher of the law in the University of Pennsylvania, amply qualifies him for the editorship of Blackstone.

No pains have been spared, either by the editor or by the publisher, to present a thorough, comprehensive, and valuable edition of the Commentaries, which shall exhibit, in an attractive typographical form, the present state of the law both in England and the United States.

It may be added that it is erroneous to supp, that Blackstone is intended to be read only by lawyers. In fact, the lecture ore not originally delivered exclusively to students or practitioners of the law; and they contain nothing which may not I easily understood by any intelligent reader, no matter what are his pursuits. In the style and getting-up of the present edition, some regard has been h. r-this class of readers; for the clear and legible type of the notes as well of the text, and the full octavo page, constitute a work worthy, from its ge. :ral tasteful appearance, of a place in every library

For the convenien e of students, Baron Field's Analysis of the Commentaries has been added at the end of the second volume.

The publisher confidently asks the attention of judges, lawyers, students, scholars, and general readers to this, as the very best edition of Blackstone's Commentaries which has ever appeared either in England or the United States.

:

From HON. THEOPHILUS PARSONS, LL.D.,
The eminent law writer, and Professor of Law in Harvard University.

CAMBRIDGE, October 13, 1859. GENTLEMEN : I bave learned in this Law School how much Students of Law need an American edition of Blackstone, which should contain the best parts of the large annotations that have accumulated in the English editions, together with new American notes, bringing the law of Blackstone down to our own age and our own country. This is precisely what is done, and excellently well done, by Judge Sharswood. And you have used a page and type which, without any sacrifice of beauty or of convenience to the reader, enable you to include the whole work in two volumes and offer it at a very low price. I have already introduced it as a Text-Book in this Law School, and recommend it, emphatically, to gentlemen who consult me as to the edition they should buy.

Very respectfully, your obedient servant, THEOPHILUS PARSONS.

:

From HON. HENRY DUTTON, LL.D.,
Kent Professor of Law in Yale College.

New HAVEN, October 25, 1859. GENTLEMEN : I am highly pleased with Judge Sharswood's edition of Blackstone's Commentaries. He has judiciously avoided the common error of supposing that the value of such a work depends upon the multiplication of references to new cases, without much regard to their pertinency or authority. In this edition the notes are chiefly confined to corrections and illustrations of the text, and are calculated to cause the work to continue to be, what it has always heretofore been, an unrivalled system of the whole common law and of English statute law.

Such an edition was much needed; and I shall urgently recommend it to the students of Yale Law School, not only as an indispensable elementary work, but as a valuable standard authority. With the highest respect,

HENRY DUTTON.

From HON. WILLIAM KENT, LL.D.,
Editor of Kent's Commentaries.

New York, October 25, 1859. GENTLEMEN : I have delayed acknowledging the receipt of Judge Sharswood's edition of Blackstone's Commentaries until I could look over the work with some care and attention.

I have not yet had time to examine the notes minutely, agreeable and useful as I find the perusal of them. I have read enough, however, to appreciate the plan of the editor, and, in some degree, his execution of it. His judicious selections from the annotations of preceding editors, and his own very learned and valuable notes, have made this edition the best, I think, that has appeared—admirable for the law-student and useful to the practical lawyer. I have the honor to be, gentlemen, your obedient servant,

WILLIAM KENT.

From THEODORE W. DWIGHT, LL.D.,

Professor of Law in Columbia College, N. Y.

COLUMBIA COLLEGE Law School, New York, October 16, 1859. GENTLEMEN : I have examined with some care your recent edition of Blackstone's Commentaries. It is very pleasant to me to see this favorite work reproduced in so beautiful a form and with such fulness of annotation.

It is quite common to speak disparagingly of Blackstone's labors. But, notwithstanding all that has been urged, what Dante says of another remains true of him—“Il gran comento feo.” For, whatever may be said of its value to the practising lawyer, it cannot be dispensed with, as instructors in jurisprudence well know, as an introduction to legal study.

Judge Sharswood has, in my judgment, rendered an invaluable service to students of the law, in bringing within their reach the contributions made to the original text by English editors, as ell as by his own learned and excellent notes.

I shall use Sharswood's Blackstone as a Text-Book in our Law School, and shall strongly recommend it to such persons as may ask my opinion of its value.

THEO. W. DWIGHT.

From AMOS DEAN, LL.D.,
Professor of Law in the University of Albany.

ALBANY, October 22, 1859. GENTLEMEN : The examination I have given your new edition of Blackstone's Commen, taries by Judge Sharswood has convinced me of its very great superiority over all former editions. Both the omissions and additions made by him are important.

Blackstone's Commentaries have so long maintained their character as a legal classic among the students at law, that this American edition, adapting them to the present state and condition of the law in this country, must be highly acceptable to all those entering upon its study. I shall take great pleasure in recommending it, as having many advantages over any edition hitherto published. Very respectfully yours, AMOS DEAN.

Blackstone's Commentaries will be sent free to any address in the United States on the receipt of $10.00.

Address:
J. B. LIPPINCOTT & CO., Publishers,

; 15 ml 717 Juliet St., Pioiivisto; selle

CONTENTS OF TJIE ANALYSIS OF BOOK III.

........................

...............

IV

PRIVATE WRONGS. for which the laws of England have provided redress, I. By the mere act of the parties ........

............ CHAPTER I II. By the mere operation of law..

u. III. By both together, or suit in courts; wherein ( 1. Of courts; and therein of 1. Their nature and incidents.......

III
12. Their several distinctions; viz.
ri. Of public or general jurisdiction; as,

11. The courts of common law and equity ....
2. Ecclesiastical courts,
3. Courts military,
4. Courts maritime......

V 2. òf private or special jurisdiction.......

................................................

VI 2 Of the cognizance of wrongs, in the courts

1 1. Ecclesiastical,
2 Military,
3. Maritime.....

VII. 4. Of common law; wherein (1. Of the respective remedies, for injuries affecting 11. The rights of private persons

1 1. Absolute,
12. Relative

VIII
2. The rights of property
(1. Personal,
1. In possession; by

1. Dispossession,
12. Damage,
2. In action; by breach of contracts.....

IX
2. Real; by
1. Ouster, or dispossession of
1. Freeholds...

X. 2. Chattels real...

XI. 2. Trespass

XII 3. Nuisance........................................................ XIII. 4. Waste

XIV. 5. Subtraction.

XV. 6. Disturbance.

XVI. 3. The rights of the crown ...............

XVII. 2. Of the pursuit of remedies, 11. By action at common law; wherein of 1. Original

XVIII 2. Process

XIX 3. Pleading.....

XX 4. Demurrer and issue...

XXI 5. Trial; by

1. Record,
2. Inspection,
3. Witnesses,
4. Certificate,
5. Wager of battel,
6. Wager of law

XXII 17. Jury....

XXIII 6. Judgment..

XXIV. 7. Appeal....

XXV. 8. Execution ...............................................................

XXVI. 2. By proceedings in the courts of equity

XXVII

................................................

..............................

........................................................

.................................

................................................................

..................................

...................................................

..............................

..........................................

ររំ

7

?!MAS histimet ex preditionat

ANALYSIS.

BOOK III.-OF PRIVATE WRONGS.

[ocr errors]

80

diction ...

.......

CHAPTER I.

4. Incident to all courts are, a plaintiff, de OF THE REDRESS OF PRIVATE WRONGS BY

fendant, and judge: and with us, there THE MERE ACT OF THE PARTIES.... Page 2 to 16

are also usually attorneys, and advocates 1. Wrongs are the privation of right; and

or counsel, viz., either barristers, or ser

jeants at law.... are, I. Private. II. Public

2

Page 25 2. Private wrongs, or civil injuries, are an

CHAPTER IV. infringement, or privation, of the civil

OF THE PUBLIC COURTS OF COMMON LAW rights of individuals, considered as indi

AND EQUITY........

.30 to 60 viduals

2 3. The redress of civil injuries is one prin

1. Courts of justice, with regard to their cipal object of the laws of England........ 3

several species, are, I. Of a public 4. This redress is effected, I. By the mere act

or general jurisdiction throughout the of the parties. II. By the mere operation

realm. II. Of a private or special jurisof law. III. By both together, or suit in

2. Public courts of justice are, I. The courts

3 courts.. 5. Redress by the mere act of the parties

of common law and equity. II. The ec

clesiastical courts. III. The military is that which arises, I. From the sole act

courts. IV. The maritime courts..... 30 of the party injured. II. From the joint act of all the parties.......

8

3. The general and public courts of com6. Of the first sort are, I. Defence of one's

mon law and equity are, I. The court of self, or relations. II. Recaption of goods.de/

X piepoudre. II. The court-baron. III.

The hundred court. IV. The county
III. Entry on lands and tenements. IV.
Abatement of nuisances. V. Distress-

court, V. The court of Common Pleas. for rent, for suit or service, for amerce

VI. The court of King's Bench. VII.

VIII. The

The court of Exchequer. ments, for damage, or for divers statutable penalties,-made of such things only

court of Chancery. (Which two last are as are legally distrainable; and taken

courts of equity as well as law.) IX.

X.

The courts of Exchequer-Chamber. and disposed of according to the due course of law. VI. Seizing of heriots, &c..3-15

The house of Peers. To which may be 7. Of the second sort are, I. Accord. II. added, as auxiliaries, XI. The courts of

,

.3% BO

Assize and Nisi Prius ............... Arbitration..........

riut 2 to bring om CHAPTER II.

CHAPTER V. OF REDRESS BY THE MERE OPERATION OF

OF Courts ECCLESIASTICAL, MILITARY, AND
Law.......

..18 to 21
MARITIME

.8-64 unteti 1 Redress, effected by the mere operation f law, is, I. In case of retainer; where a

rated from the temporal by William tho reditor is executor or administrator, and Conqueror,) or courts Christian, are, I.mli Tu! is thereupon allowed to retain his own

The court of the Archdeacon. II. The lebt. II. In the case of remitter; where

court of the Bishop's Consistory. III. The one who has a good title to lands, &c.

court of Arches. IV. The court of Pecucomes into possession by a bad one, and

liars. V. The Prerogative Court. VI. is thereupon remitted to his ancient good

The court of Delegates. VII. The curt title, which protects his ill-acquired pos

of Review.........

... 62-68 session......

.18-21 2. The only permanent military court is

that of chivalry; the courts-martial anCHAPTER INI.

nually established by act of parliament OF COURTS IN GENERAL...... .22 to 25 being only temporary.......

67 1 Redress that is effected by the act both 3. Maritime courts are, I. The court of Ad

of law and of the parties is by suit or miralty and Vice-Admiralty, II. The action in the courts of justice ......

22 court of Delegates. III. The lords of the ? Herein may be considered, I. The courts Privy Council, and others authorized by

themselves. II. The cognizance of wrongs, the king's commission, for appeals in
or injuries, therein. And of courts, I.

prize-causes.

68
Their nature and incidents. II. Their
several species. .....

23

CHAPTER VI.
B A court is a place wherein justice is ju- OF COURTS OF A SPECIAL JURISDICTION... 71 to 85

dicially administered, by officers dele- 1. Courts of a special or private jurisdicgated by the crown: being a court either tion are, I. The forest courts; including of record, or not of record..

23-24 the courts of attachments, regard, swein

......... 15-16

1. Ecclesiastical courts, (which were sepa: steispiele

mote, and justice-seat. II. The court 8. Civil injuries cognizable in the couitus of Commissioners of Sewers. III. The

maritime are injuries in their nature court of policies of assurance. IV. The of common-law cognizance, but arising co'ırt of the Marshalsea and the Palace wholly upon the sea, and not within the Court. V. The courts of the principality precincts of any county. The proceeduf Wales. VI. The court of the duchy

ings are herein also much conformed to chamber of Lancaster. VII. The courts the civil law ..........

..Page 106-109 of the counties palatine, and other royal 9. All other injuries are cognizable only franchises. VIII. The stannary courts. in the courts of common law: of which IX. The courts of London, and other in the remainder of this book..... ...... 109-114 corporations :—to which may be referred 10. Two of them are, however,

cogthe courts of requests, or courts of con- nizable by these, and other, inferior science; and the modern regulations courts; viz. I. Refusal, or neglect, of of certain courts-baron and county justice. Remedies: by writ of procecourts. X. The courts of the two Uni

dendo, or mandamus. II. Encroachment rersities.....

...Page 71-85

of jurisdiction. Remedy: by writ of prohibition ..........

......... 109-114 CHAPTER VII.

CHAPTER VIII. OF THE COGNIZANCE OF PRIVATE WRONGS....

85 to 114 OF WRONGS, AND THEIR REMEDIES, RESPECT1. All private wrongs or civil injuries are ING THE Rights of PERSONS........... 115 to 143

cognizable either in the courts ecclesias- 1. In treating of the cognizance of injuries tical, military, maritime, or those of by the courts of common law, may be common law.....

86 considered, I. The injuries themselves, 2. Injuries cognizable in the ecclesiastical and their respective remedies. II. The

courts are, I. Pecuniary. II. Matrimo- pursuits of those remedies in the several nial. III. Testamentary.. 87-88 courts................

115 3. Pecuniary injuries, here cognizable, are, 2. Injuries between subject and subject,

I. Subtraction of tithes. For which the cognizable by the courts of common remedy is by suit to compel their pay- law, are in general remedied by patting ment, or an equivalent; and also their the party injured into possession of double value. II. Non-payment of ec- that right whereof he is unjustly declesiastical dues. Remedy: by suit for prived....

115 payment. III. Spoliation. Remedy: by 3. This is effected, I. By delivery of the suit for restitution. IV. Dilapidations. thing detained to the rightful owner. Remedy: By suit for damages. V. Non- II. Where that remedy is either imrepair of the church, &c.; and non-pay. possible or inadequate, by giving the ment of church-rates. Remedy: by suit party injured a satisfaction in dato compel them ......

.88-92
mages.......

116 4. Matrimonial injuries are, I. Jactitation 4. The instruments by which these reme

of marriage. Remedy: by suit for per- dies may be obtained are suits or acpetual silence. II. Subtraction of con- tions; which are defined to be the legal jugal rights. Remedy: by suit for resti- demand of one's right: and these are, *ution. III. Inability for the marriage I. Personal. II. Real. III. Mixed... 116-118 state. Remedy: by suit for divorce. 5. Injuries (whereof some are with, others IV. Refusal of decent maintenance to without, force) are, I. Injuries to the the wife. Remedy: by suit for ali- rights of persons. II. Injuries to the mony

„.92-95

rights of property. And the former are, 6. Testamentary injuries are, I. Disputing I. Injuries to the absolute, II. Injuries

the validity of wills. Remedy: by suit to the relative, rights of persons....... 118-114 to establish them. II. Obstructing of 6. The absolute rights of individuals are, administrations. Remedy: by suit for I. Personal security. II. Personal liberthe granting them. III. Subtraction of ty. III. Private property. (See Book I. legacies. Remedy: by suit for the pay- Ch. I.) To which the injuries must be ment................. 95-98 correspondent ....

die 6. The course of proceedings herein is 7. Injuries to personal security are, I.

much conformed to the civil and canon Against a man's life. II. Against his law: but their only compulsive pro

limbs. III. Against his body. IV. cess is that of excommunication; which Against his health. V. Against his reis enforced by the temporal writ of putation.—The first must be referred to significavit or de excommunicato capien

the next book.....

119 do.....

..98–103 8. Injuries to the limbs and body are, 7. Civil injuries, cognizable in the court I. Threats. II. Assault. III. Battery.

military, or court of chivalry, are, I. IV. Wounding. V Mayhem. Remedy: Injuries in point of honour. Remedy: by action of trespass vi et armis, for by suit for honourable amends. 11.

damages..

120 Encroachments in coat-armour, &c. 9. Injuries to health, by any unwholeRemedy: by suit to

them. some practices, are remedied hy a spa. The proceedings are in a summary cial action of trespass on the case, for method.. ... 103-106 damages....

121

.....

remove

..............................

....................................

« PreviousContinue »