| Chap. 125. |
Forcible Entry, &c.
or by the party upon whose complaint it was granted, even as that
for the Peace may. |
297 |
| P. R. 22.
Cromp.
237.
Cromp.
146. |
It seemeth also a Supersedeas of the good
Behaviour may be granted
by the Justices of the Peace (as well as for the Peace, mutatis mutandis)
upon good Sureties taken by the said Justices, of the party, to be of the
good Behaviour. |
§. 7.
Supersedeas. |
|
If a man be bound to the good Behaviour (before
the Justice of Peace)
and to appear at the next Assizes or Sessions, yet the party bound may
by
a Cerciorari remove the Recognisance into the Chancery or King's
Bench
before the day, and then he shall not need to appear at the Assizes or
Sessions;
for they shall have no Record, whereupon he may be called there.
|
§. 8.
Cerciorari. |
Lamb. 138.
Crom. 76. |
Forcible Entry and Forcible Detainer. CHAP.
CXXV. V. 76.
THE Common Law being the preserver of the common
Peace of the
Land, hath always abhorred force, as the capital Enemy thereto Co.
3. 12. and yet, before the Reign of King Richard the Second,
the Common
Law seemed to permit any man to have entred into Lands and Tenements
with force and arms, and also to have kept and detained them with
force, where his Entry was lawful. |
§. 1.
Common
Law. |
15 H. 7. 17.
Br. For. 11. |
And at this day, if a man doth enter into any Lands
or Tenements with
force, or multitude of people where his Entry is lawful, he is not punishable
by action either at the Common Law, nor by action upon any Statute;
for where the title fo the Plaintiff is not good, there he hath no cause
of
action, although the Defendant doth enter with force: but in
such case he
that entreth with force, must be indicted upon the Statute: or otherwise
complaint may be made thereof to the Justices of Peace: and as well
upon
such indictment, as upon such complaint, the Offender shall be punished;
yet the party (ousted) shall not be restored without indictment,
and
the force thereby found. Vide antea, tit. Forcible Entry. |
|
5 R. 2. c. 7.
Regl. 182. |
And for the better restraining of such force and
forcible Entries into
Lands and Tenements, and to inflict condign punishment upon the Offenders
therein, it was first provided by the Statute 5 Rich. 2. That
no man
should enter into Lands or Tenements with force or multitude, though
he had good Right or Title to enter, but should enter only in peaceable
and lawful manner. See Plo. 86. b. |
§. 2.
Statutes. |
| 15 R. 2. c. 2. |
But this Statute provided no speedy remedy, or extended
to holding
with force, nor gave any special power therein to the Justices of Peace,
but upon a general enquiry, in a general Sessions of the Peace, (and not
otherwise) and therefore by another Statute made 15 Rich. 2.
It was further
provided, That if any may should detain (or hold) with force, after
such Forcible Entry made, upon complaint thereof made to any Justice of
Peace, the same Justices shall presently take and come with the power of
the County, and shall go and view the same, &c. and if the same Justice
do find any holding the same forcibly, that then they should be imprisoned
in the Gaol by the same Justice, as convict, by the Record of the
same Justice; ' there to remain until they have made Fine and Ransome
' to the King. |
|
|
8 H. 6. c. 9. |
Yet neither of the former Statutes extended to those
that entred peaceably,
and then held with force, nor yet doth give any remedy, if the parties
who made the Entry with force, and removed before the coming of the Justice
of peace, nor yet ordained any pein against the Sheriff, if he did not
obey the precepts of the said Justices, for to execute the said Statute,
when |
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