and every judgment of the lord warden is subject to an appeal to the House of Lords.

III. The Palatine Courts of Chester, Lancaster, and

Durham.

These courts are of a limited local jurisdiction, but have an exclusive cognizance of pleas in matters both of law and equity. When the privileges of counties palatine and franchises were abridged by stat. 27 Henry VIII., c. 24, it was also enacted that all writs and processes should be made in the King's name, but should be witnessed in the name of the owner of the franchise. Therefore all writs whereon actions are founded and which have concurrent authority must be under the seal of the respective franchises, the two former of which are now united to the Crown. By 15 & 16 Vict., c. 76 (1852), writs issuing out of the superior courts of the common law at Westminster to be executed in the counties palatine are directed and delivered to the sheriff and executed and returned by him, and all records to the superior courts are brought to trial and entered and disposed of in the counties palatine in the same manner as in other counties.

The Court of the Duchy Chamber of Lancaster is a jurisdiction concerning all matters of equity relating to lands holden of the Crown in right of the Duchy distinct from the Court of the County Palatine of Lancaster. The court is held before the Chancellor of the Duchy or his deputy. The proceedings are the same as in the Court of Chancery, which has a concurrent jurisdiction with the Duchy Court.

IV. Courts of Commissioners of Sewers.

A COURT OF COMMISSIONERS OF SEWERS is a temporary tribunal instituted by virtue of a commission under the Great Seal. The jurisdiction is to overlook the repairs of sea banks and sea walls, and the cleansing of rivers, public streams, ditches, and other conduits whereby waters are carried off.

Stat. 3 & 4 Wm. IV., c. 22, amended by subsequent enactments, contains provisions as to the levying of rates, making new works, levying fines and penalties, and other matters.*

* See 4 & 5 Vict., c. 45; 12 & 13 Vict., c. 50; 18 & 19 Vict., c. 32; 20 & 21 Vict., c. 1; and 24 & 25 Vict., c. 133; see also Metropolitan Board of Works (Loans) Act, 32 & 33 Vict., c. 102.

V. Courts of the University of Oxford and Cambridge. The Chancellor's Courts of the Universities of Oxford and Cambridge formerly exercised peculiar privileges. These two learned bodies enjoyed the sole jurisdiction, in exclusion of the Queen's courts, over all civil actions and suits whatsoever, where a scholar or other privileged person is one of the parties; excepting in such cases where a right of freehold is concerned. And by the University Charters they were at liberty to try and determine offences and pecuniary demands in which any member or servant of the University is concerned, either according to the common law of the land, or according to their own local customs. These privileges were granted that the students might not be distracted from their studies by legal process from distant courts.

These privileges are still exercised at Oxford; but at Cambridge they have been taken away by a recent private statute.

The Chancellor has jurisdiction in almost all causes, whether civil, spiritual, or criminal; and the Vice-Chancellor is the presiding judge. In pursuance of 25 & 26 Vict., c. 26, s. 12, the form of procedure in civil causes very much resembles the forms in the new county courts.

The jurisdiction of this court is not affected by the County Court Acts.

Appeals lie to the House of Congregation; then to the House of Convocation; and finally to the Queen in Chancery.

VI. Courts of London.

The several courts within the City of London, and other cities, and boroughs, and corporations throughout the kingdom, held by prescription, charter, or act of Parliament, are also of the same private nature, and the jurisdictions limited to particular cases arising in those limited localities.* They arose originally from the favour of the Crown to those particular districts wherein we find them instituted, upon the same principle that Hundred Courts, and the like, were established for the convenience of the inhabitants; that they might prosecute their suits, and receive justice at home. For the most part, the courts at Westminster Hall have a con

* See 30 & 31 Vict., c. 142, s. 35.

current jurisdiction with these, or else a superintendency over them; and the proceedings in these local and special courts are to be according to the course of the common law, unless otherwise ordered by Parliament; for though the Sovereign may erect new courts, the Crown cannot alter the established course of law.

The customs of London are various, and are against the common law; but they have been made good by special usage, and confirmed by Act of Parliament. An action upon the custom of London can only be brought in the Lord Mayor's Court; but the custom may be pleaded in bar in a superior court. It may be used in a superior court by way of defence, and in such cases the superior court will take notice of the custom.*

*The customs of London as to the distribution of intestates' effects are abolished by 19 & 20 Vict., c. 94.

WRONGS AFFECTING THE PERSON REPUTATIONLIBERTY-AND RELATIVE RIGHTS.

Let us now discuss Private Injuries; that is, the several injuries between subject and subject that are cognizable in the Courts of Common Law; as, in one or the other of these Courts, every possible injury that can be offered to a man's Person may meet redress.

Explain the several Injuries cognizable in the CommonLaw Courts.

All WRONGS being a privation of right, the plain natural remedy for every species of wrong is the being put in possession of that right whereof the party injured has been deprived. This may either be effected by the specific delivery or restoration of the subject-matter in dispute to the legal owner, as where lands or personal chattels are unjustly withheld or invaded; or, where that is not a possible, or at least not an adequate remedy, by making the sufferer a pecuniary satisfaction in damages; as in case of assault, or breach of contract, to which damages the party injured has acquired an incomplete or inchoate right the instant he receives the injury, though such right be not fully ascertained till they are assessed by the intervention of the law. The means whereby this remedy is obtained is in general by a suit or action, defined to be "the lawful demand of one's right."

ACTIONS are subject, in the first place, to this principal division. They are distinguished into three kinds :-Actions Per sonal, Real, and Mixed.

Personal Actions are those whereby a man claims the specific

recovery of a debt, or of a personal chattel, or damages for breach of contract; and likewise whereby a man claims a satisfaction in damages for some injury done to his person or property.

The forms of personal actions now in use are:-Debt-Covenant — Assumpsit — Detinue — Trespass Trespass on the CaseReplevin.

Real actions, which formerly had regard to real property only, were such whereby the plaintiff claimed the specific recovery of lands, tenements, or hereditaments. Real actions, as such, are now altogether abolished by 3 & 4 Wm. IV., c. 27 ́; see also 23 & 24 Vict., c. 126. The only mode now by which land is specifically recovered is by action of Ejectment, which will be afterwards explained.

Mixed Actions partake of the nature of the two, wherein some real property is demanded and personal damages for a wrong sustained; as, for instance, an action of waste to recover damages is brought by him who has the inheritance in remainder or reversion against the tenant for life who has committed waste therein, to recover not only the land wasted, which would have made it what was termed a real action; but also a personal recompense for a wrong sustained.

Under these three heads every action in a court of common law may now be maintained.

How are "Injuries" which affect the personal security of individuals divided? and explain them.

The absolute "rights" of each individual were defined to be the right of "PERSONAL SECURITY," the right of "PERSONAL LIBERTY," and the right of" PRIVATE PROPERTY," so that the wrongs affecting those "rights" must be of a corresponding nature.

I. Personal Security.

1. As to injuries which affect the personal security of individuals, they are either injuries against their lives,* their limbs, their bodies, their health, or their reputation.

The two next species of injuries affecting the limbs or bodies may be committed :—

* With regard to the first subdivision, or injuries affecting the life of man, being one of the most atrocious species of crimes, we reserve its consideration for the Fourth Book.