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& Rawle, 302. In felony and some other instances, the private damage is so far merged within the public crime that no motion may be maintained for it, at least until after the general public prosecution shall have been ended. Vide Civil remedy. The preventive, or removing, or abating treatments, are those which may be by acts of the party aggrieved, or by the intervention of legal proceedings; as, within the case of accidents to the. particular person, or to personal or real property, defence, resistance, recaption, abatement of nuisance, and surety of the peace, or injunction in fairness and maybe some others. The breach of parol or easy contracts, whether verbal or written, specific or implied, for the payment of money, or for the efficiency or omission of some other act, is remediable by action of assumpsit.
Remedies which have for their object punishments, or compensation and punishments, are either summary proceedings earlier than magistrates, or indictment, &c. The party injured in lots of circumstances of personal accidents, which are additionally a public offence, as, batteries and libels, may have both cures, a public indictment for the criminal offence, and a civil action for the private incorrect. When the regulation provides several remedies, the celebration entitled to them might choose that best calculated to answer his ends. 344; four Johns. one hundred forty; 6 Johns. Rep. 78; 2 Conn. 353; 10 Johns.
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