| Chap. 126.
Lamb. 149. |
Forcible Entry, &c.
And a Forcible Detainer, must be understood of a
Forcible Detaining
or With-holding of the Possession of Lands or Tenements, and not of the
Person of a Man, as before. |
301
Forcible
Detainer. |
8 H. 6. c. 9.
P. Forc. 4.
Lamb. 164. |
Note also, though the Entry were at the first peaceable
and lawful, yet
if there be after a Holding by Force, it is punishable by the Statute,
except
where there was at the first a lawful and peaceably Entry, and thereupon
a lawful Possession, peaceably continued by the space of three years together
without interruption: For there a Man may hold and keep such Possession
with Force against all others (saving against the Kings Officers). |
|
Lamb. 148.
P. R. 4. 1.
Cromp. 70. |
If the Justice of Peace shall come to the house
or place that is supposed
to be holden with Force, and there shall find the Doors or Gates shut,
and he or they within shall deny him to enter, (or will not suffer him
to
enter) this is a Forcible Holding and Detainer, thought there be no Weapons
shewed or used, and though there be but one person in the house, or
upon the ground. |
|
| Ibid. |
So it is, if when the Justice of Peace entreth the
house or ground, he
shall find there any persons in Harness, or otherwise armed, or having
Harness, Armor or other Weapons (not usually born by them) lying ready
by them. This is Forcible Detainer. |
|
| Ibid. |
So it is, if the Justice of Peace shall find in
the house any great number
of People, other than the ordinary family or company. |
|
| P. R. 41. |
Also, if a Man shall enter peaceably into a house,
and after shall bring
into the same more Weapons than he and his ordinary Family do usually
wear, or shall make any use of such Weapons as he doth find in the house,
to defend his Possession therewith, These are Forcible Detainers within
these Statutes. |
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| Ibid. |
If a Man that hath peaceably entred into an house,
will bestow Men
with Force, (sc. with Harness, Guns or other Weapons) in some other
house or place not far distant, to the intent that they may be ready to
assault
such as shall enter upon him. This is a Detainer with Force. |
|
Lamb. 149.
Cromp. 69. |
So it is, if the Disseisor of an House or Land,
shall forestal the way of
the Disseisee, with Force and Arms, so that the Disseisee dareth not enter,
or come near thereto for fear of death, &c. |
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So if a Man shall distrain for a Rent Service, or
a Rent Charge, and a
Rescous shall be made unto him. This is a Disseisin with Force.
Co. L. 161. b. |
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P. R. 39. |
So it is, if a Man shall keep his Cattel in another
mans Ground by
Force, claiming Common there, where he hath no Common. And in this
case, the Justice of Peace upon Complaint to him made, may remove this
Force; and upon view thereof, may record it, and commit such offenders
to prison, and may fine them therefore, as it seemeth, but cannot
award Restitution. |
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Also there may be a Forcible Detaining of Possession
by word only
without any Forcible Act. |
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Lamb. 149.
Cromp. 70.
P. R. 39. |
As if A. hath wrongfully, though peaceably
entred into the House , or
upon the Land of B. and hath put out B. and shall presently
threaten or
say to B. That if he do some thither again to enter, he will
kill him. This
seemeth a Forcible Entry by A. And if B. shall afterwards
come again to
make his Entry, and then A. shall threaten to kill him. If
he entreth
there this is a Forcible Detainer in A. |
§4.
By words. |
39 H. 6. 50.
Br. Dures
12. 116. |
And it seemeth, that to threaten to maim, beat or
to do other bodily
hurt to B. in the case aforesaid, amounteth to a Forcible Entry,
or Detainer,
for that death may insue upon such beating or hurt. See 39 H.
6. 50.
7 E. 4. 21. But to threaten to burn the house, or to spoil
his goods therein
(if B. shall come thither, to enter again.) This seemeth not
to amount to |
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