SUCH NOTES OF ENDURING VALUE AS HAVE BEEN PUBLISHED IN

THE SEVERAL ENGLISH EDITIONS.

AND ALSO

A COPIOUS ANALYSIS OF THE CONTENTS;

And Additional Notes with References to English and American Decisions and Statutes,
to date, which Illustrate or Change the Law of the Text; also, a

Full Table of Abbreviations, and

SOME CONSIDERATIONS REGARDING THE STUDY OF THE LAW.

BY THOMAS M. COOLEY,
Jay PROFESSOR OF LAW IN THE UNIVERSITY OF MICHIGAN, AND AUTHOR OF

“CONSTITUTIONAL LIMITATIONS."

VOL. 2, INCLUDING BOOKS III & IV,

SECOND EDITION_REVISED.

CHICAGO.
CALLAGHAN AND COMPANY.

1876.

Entered according to act of Congress in the year eighteen hundred and seventy.

BY CALLAGHAN & COCKCROFT,
In the office of the Librarian of Congress, at Washington.

Entered according to act of Congress, in the year eighteen hundred and seventy-two,

BY CALLAGHAN & CO.,

In the office of the Librarian of Congress, at Washington.

CHARLES VAN BENTHUYSEN & SONS,
PRINTERS, STEREOTYPERS AND BINDERS,

ALBANY, NEW YORK.

CONTENTS OF THIS VOLUME.

BOOK III. OF PRIVATE WRONGS.

PAGR. CHAPTER 1. Of the Redress of Private Wrongs by the mere act of the Parties,. 1 II. Of Redress by the mere Operation of Law,

18 III. Of Courts in General,....

22 IV. Of the Public Courts of Common Law and Equity,

30 V. Of Courts Ecclesiastical, Military and Maritime,

61 VI. Of Courts of a Special Jurisdiction,.

71 VII. Of the Cognizance of Private Wrongs..

86 - VIII. Of Wrongs and their Remedies, respecting the Rights of Persons,.. 115 IX. Of Injuries to Personal Property,

144 X. Of Injuries to Real Property, and first, of Dispossession, or Ouster, of the Freehold,...

167 XI. Of Dispossession, or Ouster, of Chattels Real,.

198 - XII. Of Trespass,

208 * XIII. Of Nuisance,

216 XIV. Of Waste,

223 XV. Of Subtraction,

230 XVI. Of Disturbance,

236 XVII. Or Injuries proceeding from or affecting the Crown,..

254 XVIII. Of the Pursuit of Remedies by Action; and first, of the Original Writ,

270 XIX. Of Process,

279 xx. Of Pleading,

293 XXI. of Issue and Demurrer,

314 XXII. of the several species of Trial,.

325 XXIII. of the trial by Jury,....

349 XXIV. Of Judgment and its Incidents,..

386 XXV. Of Proceedings in the nature of Appeals,

402 XXVI. Of Execution,.

412 XXVII. Of Proceedings in the Courts of Equity,

426

SECTION

APPENDIX.
I. Proceedings on a Writ of Right Patent,.....

457
II. Proceedings on an Action of Trespass in Ejectment, by Original in
the King's Bench,.....

.. 460 III. Proceedings on an Action of Debt in the Court of Common Pleas,

removed into the King's Bench by Writ of Error..... 463

BOOK IV. OF PUBLIC WRONGS.

CHAPTER

I. Of the Nature of Crimes and their Punishment,..

1 II. Of the Persons Capable of Committing Crimes,.

20 III. Of Principals and Accessories,...

34 IV. Of Offences against God and Religion,

41 V. Of Offences against the Law of Nations,

66 VI. Of High Treason,.

74 VII. Of Felonies injurious to the King's Prerogative,.

94 VIII. Of Præmunire,

103 IX. Of Misprisons and Contempts affecting the King and Government,.. 119 X. Of Offences against Public Justicc,..

127 XI. Of Offences against the Public Peace,

142