SIR WILLIAM BLACKSTONE, KNT.
ONE OF THE JUSTICES OF THE COURT OF COMMON PLEAS.
CHRISTIAN, CHITTY, LEE, HOVENDEN, AND RYLAND;
Entered according to the Act of Congress in the year 1832, by
WILLIAM E. DEAN,
Ju tha Clerk's Office of the Southern District of New York.
BOOK III.-OF PRIVATE WRONGS.
OF THE REDRESS OF PRIVATE WRONGS,
BY THE MERE ACT OF THE PARTIES 2 to 16
1. Wrongs are the privation of right;
and are, l. Private. II. Public
2. Private wrongs, or civil injuries, are
an infringement, or privation, of the
civil rights of individuals, considered
as individuals
3. The redress of civil injuries is one
principal object of the laws of Eng-
land
4. This redress is effected, I. By the mere act of the parties. II. By the mere operation of law. III. By both together, or suit in courts
5. Redress by the mere act of the parties, is that which arises, I. From the sole act of the party injured. II. From the joint act of all the parties
1. Courts of justice, with regard to their several species, are, I. Of a pub3 lic or general jurisdiction throughout the realm. II. Of a private or special jurisdiction
2. Public courts of justice are, I. The
courts of common law and equity. II.
The ecclesiastical courts. III. The
military courts. IV. The maritime
3 3. The general and public courts of common law and equity are, 1. The court of piepoudre. II. The court-baron. III. The hundred court. IV. The county court. V. The court of Common Pleas. VI. The court of King's Bench. VII. The court of Exchequer. VIII. The court of Chancery. (Which two last are courts of equity as well as law). IX. The courts of Exchequer-Chamber. X. The house of Peers. To which may be added, as auxiliaries, XL. The courts of Assise and Nisi Prius
6. Of the first sort are, I. Defence of
one's self, or relations. 11. Recaption
of goods. III. Entry on lands and
tenements. IV. Abatement of nuisan-
ces. V. Distress-for rent, for suit or
service, for amercements, for damage,
or for divers statutable penalties-
made of such things only as are legal
ly distreinable; and taken and dis-
posed of according to the due course
of law. VI. Seizing of heriots, &c. 3-15
7. Of the second sort are, I. Accord.
II. Arbitration
OF REDRESS BY THE MERE OPERATION
OF LAW
1. Redress effected by the mere opera-
tion of law, is, I. In case of retainer;
where a creditor is executor or ad-
ministrator, and is thereupon allowed
to retain his own debt. II. In the
case of remitter; where one, who has
a good title to lands, &c., comes into
possession by a bad one, and is there-
upon remitted to his ancient good title,
which protects his ill-acquired posses-
sion
22 to 25 3. Maritime courts are, I. The court of
Admiralty and Vice-Admiralty. II.
The court of Delegates. III. The
lords of the Privy Council, and others
authorized by the king's commission,
for appeals in prize-causes
Or COURTS IN GENERAL
Redress that is effected by the act
both of law and of the parties, is by
suit or action in the courts of justice
2. Herein may be considered, I. The
courts themselves. II. The cogni.
zance of wrongs, or injuries, therein,
And of courts, I. Their nature and
incidents. II. Their several species
3 A court is a place wherein justice is
judicially administered, by officers de-
legated by the crown: being a court
either of record, or not of record
OF COURTS OF A SPECIAL JURISDIC
TION
71 to 85
1. Courts of a special or private juris-
diction are, 1. The forest courts; in
|