| 312 |
Forcible Entry, &c.
Upon default of appearance of those Jurors, the Justice
of Peace may
award an Alias, and after that Pluries infinite, till they
come; but so that
at the day of the second Precept or Writ, the Sheriff must return forty
shillings in Issues, upon every one of them, and at the third Writ five
pound; and at every day after, the double. |
Chap. 130.
8 H. 6. c. 9.
Lamb. 168. |
|
And although any of such Jurors shall not have forty
shillings Freehold
Land per annum, yet their Presentment of such Force is good for
the
King, so as the offenders shall fine therefore to the King; but whether
the
party shall have Restitution upon such a Presentment, it being pleaded
or
shewed at that time of the Restitution to be made, seemeth a doubt. |
Lamb. 155. |
|
If the Sheriff shall return smaller Issues upon
the Inquirors than the
Statute doth appoint, yet the party indicted shall not impeach the Inquiry
therefore. |
Lamb. 156. |
| |
Neither is it cause to impeach the Inquiry, though
the Justice of Peace
do not go to see the place where the Force is. Marrow. |
|
|
And it is convenient upon such Inquiry, that the
Evidence be given
openly to the Jury, to the intent it may appear to the Justice of Peace,
or
Court, whether there shall be reasonable cause to stay Restitution, or
no,
after the Indictment found. See Dyer 122.
|
|
§. 1.
Restitution. |
Of Restitution to be made to the Party put out.
CHAP. CXXX.
Vide 81.
I Will here shortly recite the words of the Statute,
which for this business
of Restitution will give the better light. |
|
|
And if upon such Inquiry, it be found before the
said Justices that any
have done contrary to this Statute (viz. have entred, or held with
force)
the said Justices of Peace, &c. shall reseise the said Lands or Tenements
so
entred upon, or holden, and put the party so put out, in full possession
of
the same Lands and Tenements so entred upon and holden, as before. |
8 H. 6. c. 9. |
|
Here we see that after such Forcible Entry or Holding,
so found by
Inquiry, the said Justices of Peace, &c. shall reseise the said Lands
or Tenements,
and shall remove the Force (sc. all such offenders as shall be found
in the House, or upon the Lands, that either entred or held with Force)
and upon the Prayer of the party so put out, the said Justices of Peace
shall
restore him to his possession again. |
P. R. 35. |
|
And herein the Justices of Peace need not stay,
or stand upon the right
and title of either of the parties. See hereof a little after. |
|
|
But no Restitution shall be made, but where the
Forcible Entry, or
Detainer, is first found by Inquisition. Br. Force 27. |
|
§. 2.
Indictment
the Form. |
Concerning the Inquisition or Indictment, the Justices
of Peace shall
do well to peruse and regard the same, to see if it be sufficient; for
the
Justices of Peace ought not to award Restitution, where the Indictment
shall appear to them to be any way insufficient in the Law, either in Matter
or Form. |
Cromp.
166. |
|
1. First therefore to have Restitution, the
putting out (by express
words) must be in the Indictment, and found by the Inquisition:
For another
Man may enter upon me, and yet not put me out, and then there
needeth no Restitution to be made by the Justices. |
Lam. 156,
257. |
|
And this putting out is to be understood only of
House or Land, and
not of a Rent, Common and Advowson, and such like, into which an actual
Entry cannot be made: and therefore none shall have Restitution,
but
such only as are out out of House or Land. See before under this
title. |
|
|
 |
