§ 236. Of the Abduction of a Child. The wrong, which violates the right of a parent in his child, is Abduction. Abduction, as a wrong against this relation, is the unlawful taking or detention of a child from the custody and control of its parent. The taking or detention may be either by force, by fraud, by persuasion, or by harboring a fugitive child with intent to encourage him in his disobedience. It is unlawful unless done in pursuance of legal process, or in the necessary shelter or protection of the child, or after a voluntary relinquishment by the parent of his right to the control of the child. Read 3 Bl. Comm., p. 140. 2 Hill. Torts, Ch. xliii, § 12. Reeve Dom. Rel., pp. 291, 293. § 237. Of the Abduction of a Ward. The wrong, which violates the right of a guardian of the person of a ward, in such ward, is the same as that which violates the right of a parent in his child. Read 3 Bl. Comm., p. 141. Cooley Torts, p. 236. Schouler Dom. Rel., pp. 448, 454, 455. § 238. Of Retainer. The wrongs, which violate the rights of a master in his servant, are three: Retainer; Battery; and Seduction. Retainer is the unlawful taking or detention of a known servant from his master, during the period of service. This taking or detention may be by fraud, by persuasion, by force, or by harboring a fugitive servant with intent to encourage him in withholding his service from his master. Any person in the employment of another, whether as a menial, laborer, or agent, may be thus unlawfully taken or detained; and every such taking or detention is unlawful, unless it is done in obedience to legal process, or in the necessary protection of the servant from the abuse of his master. Read 3 Bl. Comm., pp. 141, 142. 2 Hill. Torts, Ch. xl, §§ 29-31. Schouler Dom. Rel., pp. 354, 631–633. § 239. Of the Battery of a Servant. Battery is the unlawful exercise of violence toward the servant of another, to the damage of that other. Threats or violence toward a servant are a violation of his absolute rights, and render the wrong-doer liable to him. If the violence be so extreme as to impair the value of his services to the master, it is a violation of the rights of the master, and renders the wrong-doer also liable to him. Read 3 Bl. Comm., p. 142. 2 Hill. Torts, Ch. xl, § 28. Reeve Dom. Rel., pp. 291, 376, 377. 240. Of Seduction. Seduction is the unlawful carnal knowledge of the female servant of another, to the damage of that other. The carnal knowledge may be procured by means of fraud, by persuasion, or by consent of the servant seduced. It must be unlawful; i. e. by a person other than the husband of such servant. It must damage the master, by impairing the value to him of the services of such servant. Read 2 Hill. Torts, Ch. xliii, §§ 1–5. Bigelow L. C. Torts, pp. 286-305. § 241. Of Wrongs against Persons In Loco Parentis. The relation of master and servant is implied by law between persons, who stand in loco parentis, and the minors, to whose services they are thus entitled. A parent, or guardian of the person, as well as a master, may thus be injured by the retainer, battery, or seduction of a minor daughter or ward, whether she resided with him or not, provided he was entitled to her services. If an adult daughter resides with her father and renders services to him, the relation of master and servant exists also between them, and her retainer, battery, or seduction becomes an injury to the father, which renders the wrong-doer liable to him. Read 2 Kent Comm., Lect. xxix, p. 205. CHAPTER IV. OF LEGAL REMEDIES. § 242. Of the Nature of Legal Remedies. For every violation of a legal right the law, in some form, gives redress. This principle is expressed in the maxim ubi jus ibi remedium; the jus being a right recognized or created by law; the remedium consisting either in a restoration of the injured party to his former condition, so far as that can be done, or the payment to him of a compensation for his injury out of the property of the wrong-doer. Read 3 Bl. Comm., pp. 22, 23, 116. Broom Leg. Max., pp. 191-210. § 243. Of Cases where the Law Refuses to Apply its Remedies. There are, however, certain cases of violated legal rights in which, although the law recognizes the existence of the right and has a remedy by which the wrong could be redressed, it refuses to apply that remedy, on account of the encouragement to negligence or wrong-doing, which the application of such remedy would afford. These are: (1) Joint wrongs; i. e. where the damage has resulted from the joint act of the injured party and his injurer; (2) Cases involving contributory negligence; i. e. where the damage has resulted from negligence, and the injured party, by his own negligence, has directly contributed thereto; (3) Cases involving equal fault; i. e. where the damage has resulted from the engagement of the injured party in an illegal transaction; (4) Cases involving an estoppel; i. e. where the damage has resulted from an act, which the wrong-doer was wilfully prevailed upon or influenced to do, by the words or conduct of the injured party; (5) Cases barred by the Statute of Limitations; i. e. where the injured party fails to pursue his remedy within the prescribed time. Read Bac. Abr., Limitation of Actions. Broom Leg. Max., pp. 265–295, 857–868. 1 Addison Torts, §§ 34, 427, 428. 2 Addison Torts, §§ 1360–1362, 1376. Cooley Torts, pp. 151–159, 674–683. 2 Pars. Cont., Part ii, Ch. iii, Sec. 3, 11; Ch. iv. 3 Pars. Cont., Part ii, Ch. vi. 2 Greenleaf Ev., §§ 430-448. § 244. Of Self-Defence. Legal remedies are of four classes: (1) Those which the injured party may himself apply; (2) Those which are applied by the joint act of both the injured and the injurer; (3) Those which are applied by the act of the law alone; (4) Those which are applied by the joint act of the parties and the law. The remedies, which the injured party may himself apply, are five: Self-defence; Recaption; Entry; Abatement; and Distress. Self-defence is the act of a party, forcibly resisting a forcible attack upon his own person or property, or upon the persons or property of those, whom by law he has a right to protect and defend. The degree of force, permissible in self-defence, depends upon the force of the attack, and the object against which that attack is di |