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Forcible Entry.
must be in the presence or view of the Justice of Peace, or else he
can
neither Record it, nor yet commit the Offenders. 13 H. 7.
Crook 41. |
Chap. 44.
Crom.
195. b. |
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The form of the Mittimus; see the other title,
Forcible Entry. |
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§. 6.
Fine. |
5. Also the same Justice of Peace, or some
of them that shall see the
Force, (as having the Custody of this Record) are the proper Judges of
this Offence; and therefore may assess the Fine upon every such Offender:
but the Fine must be imposed upon every Offender severally and not upon
them joyntly: and the Justice ought to Estreat the same Fine, and
to send
the Estreat into the Exchequer, that from thence the Sheriff may be commanded
to levy the said Fine for his Majesties use. But upon the same Fine
so Assessed and Estreated, it seemeth the Justice is to deliver the Offenders.
Lamb. 554 |
Co. 8. 41. 2.
Lamb. 191.
597.
Co. 11. 43.
a. |
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Also upon payment of the said Fine to the Justice,
or upon Sureties
found (by Recognizance) for the payment thereof, the said Justice may
deliver the Offenders out of Prison again at his pleasure, by som opinions:
but quære whether the Justice of Peace shall meddle with receiving
the
Fine, for that the Sheriff is accomptant for all Fines. Lamb.
555. |
Lam. 162,
555.
Br. Imp.
10. |
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Or the Justices of Peace (by some opinions) may
Record to the Justice of
Assises and Gaol-delivery, (as it was done at Stafford Assizes,
An. 26. Eliz.
by the report of Mr. Crompton;) or else to certifie it to the General
Sessions
of the Peace, (as it seemeth to Mr. Crompton) and there the Offenders
may be Fined; for, saith he, the Statute doth not say, that the Fine
shall be Assessed by them that Record the Force, more than by other
Justices. |
Cromp.
161.
Lam. Edit.
1582. |
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Or rather the Justice of Peace may certifie or deliver
the Record by
him made (and refer the Fine and farther proceedings therein) to the
King's Bench (in regard of their supreme Authority in such cases) And
this Mr. Lamb. thinketh to be the safest course. |
Lam. 163. |
§. 7.
Enquiry. |
6. Also the Justice of Peace, notwithstanding
his own view of the
Force, may and ought in some good Town or Place, near where the Force
was (at the costs of the party grieved) to inquire by a sufficient Jury
of
the same County, to be returned by the Sheriff, as well of those which
made such Forcible Entry, as of those which made such Forcible Detainer.
See the Stat. 8 H. 6. cap. 9. & Plo. 86. |
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And here note, that nay one Justice of Peace alone
out of the Sessions
may make an Enquiry (being so appointed by the Statute;) whereas
otherwise there must be Two Justices at the least, to make an Enquiry,
or
to hold a Sessions, and one of them of the Quorum Br. Peace. 14. |
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And this Enquiry ought to be made, whether the Offenders
be present
or gone, at the coming of the Justice of Peace; yea this Enquiry the
Justice must make, though ho go not to see the place where the Force is;
for without this Enquiry there can be no Restitution. See more concerning
this Enquiry in the other Title, Forcible Entry, &c. |
Br. Forcib.
27. |
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Also by the words of the Statute of 8 H. 6.
cap. 9. (maintenant mesme
les Justices doient inquirer, &c.) the Justices are to make this
Enquiry immediately
after the Force committed, and complaint made to them by the
party grieved; and yet if they do make this Enquiry at any convenient
time after, it suffieth. Crom. 124. |
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| §. 8. |
If the Sheriff shall not duly execute the Justices
Precept directed to him
for returning a Jury, he shall forfeit 20 l. And the Justice
of Peace may
proceed to Hear and Determine such Default of the Sheriff. See 8
H. 6. cap.
9. hic. postea. |
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