Commentaries on the Laws of England

ON THE

LAWS OF ENGLAND;

IN FOUR BOOKS.

BY SIR WILLIAM BLACKSTONE, KNIGHT,
ONE OF THE JUSTICES OF His MAJESTY'S COURT OF COMMON PLEAS,

TOGETHER WITH

A COPIOUS ANALYSIS OF THE CONTENTS.

And 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,
PROFESSOR OF LAW AND POLITICAL SCIENCE OF THE UNIVERSITY OF MICHIGAN AND

AUTHOR OF CONSTITUTIONAL LIMITATIONS," &c.

VOL. 2. INCLUDING BOOKS III & IV.

THIRD EDITION - REVISED.

CHICAGO.
CALLAGHAN AND COMPANY.

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

BY CALLAGHAN & COCKROFT,
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.

Entered according to act of Congress, in the year eighteen hundred and eighty-three,

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

Stereotyped and Printed
THE DETROIT FREE PRKAS PRINTING TIOUSL

CONTENTS OF THIS VOLUME.

BOOK III. OF PRIVATE WRONGS

Pus

Owa L of the Redress of Private Wrongs by the mere act of the Parties, 1

II. Of Redress by the mere Operation of Law,

III. 01 Courts in General,....

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

Of Courts Ecclesiastical, Military and Maritime,

Or Courts of a Special Jurisdiction,

VII. Or the Cognizance of Private Wrongs,

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 Arst, of Dispossession, or Ouster,

of the Freehold,...

167

X. Of Dispossession, or Ouster, of Chattels Real,

XVI. Of Disturbance,...

236

XVII. Of Injuries proceeding from or affecting the Crown,.,

254

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

XXI. of Issue and Demurrer,

814

XXII. Of the several species of Trial,

825

XXIII. of the trial by Jury,.,

849

XXIV. Of Judgment and its Incidents,

886

XXV. Of Proceedings in the nature of Appeals.

402

XXVI. Of Execution,..

412

XXVIL Of Proceedings in the Courts of Equity,..........

L Proceedings on a Writ of Right Patent,..

IL Proceedings on an Action of Trespass in Ejectment, by Original in

the King's Bench...

UL Proceedings on an Action of Debt in the Court of Common Pleas,

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

460

403

BOOK IV. OF PUBLIC WRONGS.

CHAFT

L of the Nature of Crimes and their Punishment,.

IL Of the Persons Capable of Committing Crimes,

UI. 01 Principals and Accessories, ..

Of Offences against God and Religion,.

Of offences against the Law of Nations,

Of High Treason,...

01 Felonies injurious to the King's Prerogative,.

VIII. Of Præmunire,...

103

IX. Of Misprisions and Contempts affecting the King and Government, 119

X. Of Offences against Public Justice,..

187

Of Offences against the Public Peace,

149

.....

PAGR.

CHAPTER XIL Of Offences against Public Trado,......

164

XIIL 01 Offences against the Public Health, and the Public Police or

XV. Of Offences against the Persons of Individuals,..

206

XVI. Of Offences against the Habitations of Individuals,

220

XVII. Of Offences against Private Property,,

229

XVIII. Of the Means of Preventing Offences,.

251

XIX. Of Courts of Criminal Jurisdiction,.

258

XX. Of Summary Convictions,

280

XXI. Of Arrests,.

289

XXII. Of Commitment and Bail,.

296

XXIII. Of the several Modos of Prosecution,

801

XXIV. Of Process upon an Indictment..

818

XXV. Of Arraignment and its Incidents,.

822

XXVI. of Plea and Issue,

882

XXVII. Of Trial and Conviction,.

842

XXVIII. Of the Benefit of Clergy...

865

XXIX. Of Judgment and its Consequences,.

876

XXX. Of Reversal of Judgment,.

890

XXXI. Of Reprieve and Pardon..

894

XXXII. Or Execution,...

403

XXXIIL Of the Rise, Progress and Gradual Improvements of the Laws of

Local Government in Great Britain,..

456

British Colonial System,...

462

Local Government in the United States,....

488

Territories of the United States,.....

1. Record of an Indictment and Conviction of Murder at the Assizes, 477

2. Conviction of Manslaughter,.

479

8. Entry of a Trial Instanter in the Court of King's Bench upon a Col.

lateral Issue; and Rule of Court for Execution thereon,.. 479

4. Warrant of Execution on Judgment of Death, at the General Gaol

delivery in London and Middlesex.

480

5. Writ of Execution

upon a Judgment of Murder before the King in

Parliament,..

182

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Commentaries on the Laws of England: In Four Books, Volum 2