By William Blackstone, Thomas P. Gallanis
Oxford's variorum variation of William Blackstone's seminal treatise at the universal legislation of britain and Wales deals the definitive account of the Commentaries' improvement in a latest layout. For the 1st time it truly is attainable to track the evolution of English legislations and Blackstone's suggestion in the course of the 8 versions of Blackstone's lifetime, and the authorial corrections of the posthumous 9th version. Introductions by way of the final editor and the quantity editors set the Commentaries of their old context, analyzing Blackstone's unique view of the typical legislations, and editorial notes during the 4 volumes support the trendy reader in knowing this key textual content within the Anglo-American universal legislations culture.
Entitled Of inner most Wrongs, Book III can be divided into 3 significant elements. the 1st describes the a number of courts in England and their jurisdictions, together with the wrongs cognizable in each one of them. the second one describes a few elements of the noticeable universal legislation: wrongs to individuals and to non-public and actual estate. The 3rd describes the tactics of litigation within the courts of universal legislations and equity.
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Extra info for The Oxford Edition of Blackstone’s: Commentaries on the Laws of England: Book III: Of Private Wrongs
Valuable things in the way of trade shall not be liable to distress. As a horse standing in a smith’s shop to be shoed, or in a common inn; or cloth at a taylor’s house; or corn sent to a mill, or a market. For all these are protected and privileged for the benefit of trade; and are supposed in common presumption not to belong to the owner of the house, but to his customers. But, generally speaking, whatever goods and chattels the landlord finds upon the premises, whether they in fact belong to the tenant or a stranger, are distreinable by him for rent: for otherwise a door would be opened to infinite frauds upon the landlord; and the stranger has his remedy over by action on the case against the tenant, if by the tenant’s default the chattels are distreined, so that he cannot render them when called upon.
C. 12. no distress of cattle can be driven out of the hundred where it is taken, unless to a pound-overt within the same shire; and within three miles of the place where it was taken. This is for the benefit of the tenants, that they may know where to find and replevy the distress. And by statute 11 Geo. II. c. 19. which was made for the benefit of landlords, any person distreining for rent may turn any part of the premises, upon which a distress is taken, into a pound pro hac vice [on this occasion], for securing of such distress.
Masters & Poolies case] 208. [Toplady(e) v Scaley (or Staley)] 2 Roll. Abr. 565, 566. g [Penruddocks’s case] 5 Rep. 101. [Batten’s case] 9 Rep. 55. h [Rosewell v Prior] Salk. 459. i [James v Hayward] Cro. Car. 184. 4 of private wrongs 7 V. A fifth case, in which the law allows a man to be his own avenger, or to minister redress to himself, is that of distreining cattle or goods for nonpayment of rent, or other duties; or, distreining another’s cattle damage-feasant, that is, doing damage, or trespassing, upon his land.