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Remedy

remedies, ceedings and equity

REMEDY. The means employed to en force a right or redress injury.

2. Remedies for non-fulfilment of contracts are generally by action, see ACTION ; As SUMPSIT ; COVENANT ; DEBT : DETINUE; or in equity, in some cases, by bill for specific per formance. Remedies for the redress of inju ries are either public, by indictment, when the injury to the individual or te bis property affects the public, or private, when the tort is only injurious to the individnal. See IN DICTMENT ; rELONY; MERGER ; TORTS; CIVIL REMEDY.

3. Remedies are preventive which seek oompensation,-or which have for their object punishment. The preventive, or removing, or abating remedies may be by acts of the party aggrieved or by the intervention tif legal pro ceedings : as in the case of injuries to the person or to personal or real property, de fence, resistance, recaption, abatement of nui sance, and surety of the peace, or injunction in equity, and perhaps some others. Remedies fbr compensation may be either by tbe acts of' the party aggrieved, or summarily before justices, or by arbitration, or action, or suit at law or in equity. Remedies which have

for their object punishments or compensation and puuishments are either summary pro ceedings before magistrates, or indictnzent, etc.

4. Remedies are specific and cumulative: the former are those whiob can alone be applied to restore a right or punish a crime: for example, where a statute makes unlawful what was lawful before, and gives a particu lar remedy. that is specific, and must be pur sued, and no other. Croke Jac. 644 ; 1 Salk. 45; 2 Burr. 803. But when an offence was antocedently punishable by a common-law proceeding. as by indictment, and a statute prescribes a particular remedy, there such particular remedy is cumulative, and pro ceedings may be had at common law or under the statute. 1 Saund. 134, n. 4.