| Chap. 129.
Co. 10.
115. |
Forcible Entry, &c.
shall thereupon have a Writ of Restitution to restore him to his former
Estate. Co. L. 257. |
311 |
P. R. 39.
9 H. 6. 19.
Fitz. 21.
15 H. 7. 17.
Br. Force
29 & 18. |
But (this Action being at the Suit of the party,
and only for the Right)
this Remedy (by Action) is only where the Entry of the Defendant was not
lawful: For if a Man entreth with Force, where his Entry is lawful;
as if
a Disseisee shall enter upon the Disseisor with Force, he shall not be
punished
by way of Action: But yet he may be indicted upon the Statute, and
upon such Indictment found, the party put out (sc. the Disseisor)
shall be
restored; for the Indictment is for the Force, and for the King.
And here
the offender (sc. the Disseisee) shall make fine to the King, although
his
Right be never so good. Br. Forc. 11. 15. H. 7. 17. |
|
| Lamb. 178. |
Secondly, Also the party so grieved, if he will
lose the benefit of his
treble Damages and Costs, he may be aided, and have the assistance of the
Justices of Peace, and that after divers sorts. First, he may purchase
a Writ
out of the Chancery (directed to the Sheriff only, or to the Sheriff
and
Justices of Peace, and to every of them) for to remove the Force.
And
this is upon the Statute of Northampton, 2 E. 3. c. 3.
the form of which
Writ you may see. F. N. B. f. 249. |
2 Writ upon
the Statute
of
Northampton. |
Lamb. 176
Crom. 74.
162. |
But upon this Writ, the Justice of Peace is to proceed
only as a Minister,
and to certifie his doings herein; and that Justice of Peace to whom
the Writ shall be delivered, ought for to execute it, sc. he
may remove the
Force: But here he may not put the party in possession again, who
was
put out. |
|
|
For the manner of the Justices proceeding herein,
see in the other Title
of Forcibly Entry before. |
|
Dyer 187.
Cromp.
165. |
Thirdly, Also the party grieved, may at the General
Sessions of the
Peace, within the same County, prefer his Bill of Indictment, upon the
Statute
of 8 H. 6. for such Forcible Entry or Detainer: Which being
found
there, the Complainant shall be restored to his possession by a Writ of
Restitution,
granted out of the same Court to the Sheriff. |
3 Indictment
in
Sessions. |
|
Also the party so grieved, for a more speedy remedy,
may Complain to
any one or more Justices of the Peace of the same County, of the said Force;
and thereupon the said Justices of Peace may Ex Officio, and without
any
Writ, either do Execution of the Statute of Northampton, as aforesaid;
or else the said Justice of Peace, upon such Complaint, must go to the
place where such Force is, to see it, and to remove the Force, and to arrest
and commit the offenders, and shall also keep a special Sessions to inquire
of the said Force. And if upon such inquiry, such Force shall be
found,
then the said Justice shall restore the party grieved to his possession
again;
and here no other Justice of Peace can grant a Supersedeas
to stay the same
Restitution. |
4 By the
Justices
out of Sessions.
Remedium
plus Festinum. |
|
See more hereof before in the other Title of Forcible
Entry. |
|
| |
Also the party grieved may remove such Indictment,
found either at
such General or Special Sessions, by a Certiorari into the Kings
Bench, and
the Judges of that Court may award a Writ of Restitution, to the Sheriff
of the County, to restore the possession to the party. |
|
|
Now when the Justice of Peace shall make such inquiry,
he shall direct
his Precept or Warrant to the Sheriff, commanding him to cause to come
before the said Justice of Peace at some good Town there near, twenty
four sufficient and indifferent persons dwelling near to the said Lands
or
Tenements (whereof every one shall have in Freehold Lands or Tenements,
forty shillings by the year at the least) to inquire upon their
Oaths of such Force, &c. See before in the other Title of Forcible
Entry. |
Inquiry. |
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