| Chap. 126. |
Forcible Entry, &c.
For an Infant shall suffer no imprisonment of corporal
pain for any
offence by him committed against any Statute, wherein an Infant is not
expressly named. |
303 |
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But yet he may forfeit the penalty of a Penal Statute,
and so by a Penal
Statute may forfeit and lose his Goods, if he be of years of discretion.
See Doctor & Stud. 147, 148. |
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And an Infant of the age of eighteen years, may
be a Disseisor with
Force, and may be imprisoned for the same. 22 Edw. 4. Old.
Nat. Br.
128. |
Infant. |
|
That Infants may be imprisoned by expreses words
in some Statute. See
hic, cap. 45. |
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But if an Infant commandeth another to enter, or
hold with Force to
his use, which is done accordingly; yet the Infant shall not be punished,
for such offence, for the commandment therein was void. |
|
Cromp. 69.
16. Ass. 7.
Br. Impr.
45, 53.
See more
after in
the tit.
Riot. |
Also a Feme Covert, (by her own act) may
commit a Forcible Entry
or Detainer; and upon the Justices view of the Force, she shall be imprisoned
therefore, (and she may be fined in such case:) But such Fine set
upon the Wife, shall not be levied upon the Husband; for the Husband
shall never be charged for the act or default of his Wife, but when he
is
made a party to the Action, and Judgment given against him and his Wife,
Co. 9. 72. and Co. 11. 61. " And if upon the tryal
it be found to be her
' only act, she only shall be taken and imprisoned. |
Feme Covert. |
2 H. 7. 19.
Br. Force
25. |
Divers do enter with Force to the use of A. who
is not then present
with him, but doth after agree thereto: This agreement after maketh
A.
to be a Disseisor, but not to be punished for the Force. Quære,
if A. had
counselled, consented or agreed thereto before the Entry. It seemeth,
that
a commandment, consent or agreement before or after, though it may
make one a Disseisor; yet it is not to be punished by the Justice of Peace
upon these Statutes, for that a Forcible Entry cannot be adjudged against
a Man, without an actual Entry be also made by him, or he at least present. |
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But if A. that shall command or counsel others
thereto, shall also be
present at the time of the Entry, although he doth then nothing, yet he
is now become a principal, and punishable by these Statutes. Vide
17 Ass.
pl. 14. |
§. 7.
Consent. |
Co. 9. 67.
112 & 115.
See thereof
after in
tit. Murther.
Fitz. Coton.
314,
350. |
If divers fo come in one company, to enter into
Lands, &c. where
their Entry is not lawful, and all of them saving one did enter, and demean
themselves in peaceable manner, and one only doth enter with Force,
or (after Entry made) doth use Force and Violence. This shall be
adjudged
a Forcible Entry in them all (although the Force were against their will;)
for where divers do come in one company to any place, to the intent to
do
any unlawful thing, be it robbery, homicide, riot, affray or any trespass,
here the act of one of them shall be adjudged the act of all of that
part that are present, and every of them shall be adjudged a principal
doer, although they stand by and do nothing. So it seemeth, though
some of them came without any intent of evil, if they came together in
company with the other offenders, or if they came after; yet if they be
either aiding, or countenancing to the offenders, they shall be also adjudged
principal doers, as well as the other. And yet Fineax Chief
Justice,
2 H. 8. made a difference where their intent at the first was to
do an
unlawful act, and where not. Cro. 161. See Co. L.
157. |
|
Co. 1. 69.
& 10. 112. |
An Indictment upon the Statute of 8 H. 6.
for the King, is not good;
for the King cannot be disseised, nor put out of his Freehold; neither
can
the King bring any action upon the Statute of 8 H. 6. nor any other
Action
which might prove him out of Possession of the Land. P. R. 39.
b. |
The Persons
out
out. |
D d 2
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