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Forcible Entry, &c.
upon the other. But if (upon the Writ of Restitution) it be not
returned
that I have Restitution, then I may afterward have Restitution against
B.
upon the other Verdict if B. hath re-entred upon the first Restitution
made
to me. Marrow. |
Chap. 131
Cromp.
166. |
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A. is disseised, or put out with Force by
B. and after B. is put out with
Force by C. And all this is found by one and the same Inquisition.
Here
B. may have Restitution against C. (for B. hath more
right to the possession
than C.) and then may A. have Restitution against B.
But upon his Inquisition,
if A. have Restitution first, then B. shall not have any
Restitution,
otherwise, if these had been found by several Inquisitions.
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Who shall Award and make this Restitution.
CHAP. CXXXI. V. 82.
AFter the Force is found by the Inquest, the Justice
of Peace (before
whom the said Force shall be so found) may himself put the party in
possession again; or he may make his precept (under his own Teste
alone)
to the Sheriff to do it, Dyer 187. |
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The form of the Precept to the Sheriff to make Restitution.
See postea
tit. Precedent. |
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But no other Justice of Peace hath any Authority
(by the Statute) to
grant or award Restitution, but only he or they before whom the Force
was found by Inquisition. Nay the Justices of Oyer and Terminer,
nor the
Justices of Gaol-delivery cannot grant Restitution, nor the Justices of
Peace
at their General Sessions of the Peace, cannot grant this Restitution except
the Indictment were found before them. And yet by some opinions,
if it
shall happen that the Justice of Peace, before whom such an Indictment
shall be found, before Restitution made shall happen to die or to be removed,
then may the residue of the Justices of Peace at their General Sessions
of the Peace grant a Writ of Restitution. |
Dyer 187.
4 & 5 . P. &
Ma. Dalls.
Co. 11.
65. |
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Also the Justices of the Kings Bench ( in
regard of their supream authority
in all Cases of the Crown) either upon certificate, or delivery (to
them made by the Justice of Peace before whom such Force was found) of
the Presentment of such Force; or if the said Presentment or Indictment
shall be removed before them by Certiorari, in both these Cases
the Justices
of the Kings Bench may award Restitution. See before in the
other Title
Forcible Entry, Fitz. Entry 36. & Cro. 159. |
Co. 91. 18.
Co. 11. 65.
4 H. 7. 18. |
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But neither the Justices of the Kings Bench,
nor any other (besides him
or them that made the Inquiry) can personally restore the party, but only
by way of Precept to the Sheriff. |
Lamb. 166. |
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The Sheriff (if need be) may take the power of the
County, to execute
the Precept of the Justices of Peace herein. |
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And if the Sheriff upon such a Precept, or upon
a Writ of Restitution
from the Sessions, &c. shall return that he cannot make Restitution,
for
resistance, &c. he shall be amerced for making such a Return, because
in
such Cases he might have taken the power of the County to assist him
therein. See the like Case, Fitz. Execution 147. |
Lamb. 166. |
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Note, that the same Justices of Justice of Peace,
before whom the
Force was found by Inquisition, and which have granted his or their Warrant
to the Sheriff, to make Restitution, may afterwards grant his or their
Supersedeas to the Sheriff to stay the same Restitution. But
no other Justice
or Justices of Peace, hath or have authority to grant any Supersedeas
in
such case, &c. See Dyer 123 & 187. |
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