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Forcible Entry.
the King's Bench, and so to refer the farther proceedings therein to
them.
See the other Title, Forcible Entry. |
Chap. 44. |
§. 10.
Default of
the Justices. |
And although these Statutes do inflict no penalty
upon the Justices of
Peace, if they shall not execute these Statutes; yet if upon complaint
(or
other notice given of such Force) they shall not at least remove the Force,
record it, and commit the Offenders, they are punishable. |
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In the Case of Drayton Basset (in the County
of Stafford; about An.
22 Eliz. certain Justices of Peace of that County, although they
dwelt not
near to the place) where a great Riot was commited by a forcible Detainer,
were for their Default fined in the Star-Chamber, upon the Statute
of
17 R. 2. c. 8. (as M. Crompton reporteth) which
Statute is, That the Sheriff,
and all other the Kings Officers, shall suppress Rioters which shall Assemble
themselves in outragious or greater numbers, Se Cromp. Author des Courts,
fol. 32. |
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Although the Justice of Peace ought to commit to
the Gaol, and may
fine all such as he shall see continuing their Force at his coming to the
place; yet upon Force found by the Enquiry only, and not viewed and
see by the Justice, (although this Presentment of the Jury be a Conviction
of the Offenders, yet) it seemeth the Justice of Peace may neither fine
nor send to the Gaol the said Offender, by the Statute 8 H. 6 which
appointeth the Enquiry: for the Justice hath power by the said Statute
to
make Restitution only, as saith M. Lambert 162. yet M. Crompton
holdeth
the contrary sc. that the party indicted shall be fined for the
Force found,
although the Statute of 8 H. 6. speaketh not of the Fine. |
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But howsoever the Justice of Peace (upon Force found
by the Enquiry)
is to remove the Offenders that be present, that so he may restore the
other,
and may bind the Offenders to their Good Behaviour; and if the Offenders
be gone, yet the Justice may make his Warrant to take the Offenders,
and may after send them to the Gaol, until they have found Sureties for
their Good Behaviour. |
Cromp.
161. b.
162. a. |
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Note, that if such Forcible Entry or Detainer shall
be made by Three
persons or more, then it is also a Riot; and then (if there be no former
Enquiry thereof made) it seemeth the two next Justices of Peace (upon
notice thereof) ought to enquire thereof (as a Riot) by a Jury, within
One month, upon pain to either of them making default to forfeit
100%. |
Cro. 68. b. |
§. 11.
Defaults of
Sheriffs. |
Also One Justice of Peace may (as it seemeth) Hear
and Determine the
Defaults of Sheriff and Bailiffs, in not returning sufficient Jurors (whereof
every one shall have Lands, &c. to the value of Forty shillings by
the year
at the least) before him, to inquire of such Forcible Entry or Detainer:
and the said Justice of Peace may proceed therein as well by Bill, at the
Suit of the party grieved, for himself, as also by Indictment only for
the
King; and the same Process shall be made against such persons Indicted
or
Sued by Bill in this behalf, as should be made against persons Indicted
or
Sued by Writ of Trespass with Force and Arms against the Kings Peace.
What the Process in such cases, vid. tit. process. |
8 H6. 9.
P. Just. 8.9.
Rast. 1740. |
| Two Justices. |
And though any one Justice of Peace may proceed
in every of these
former Cases of Forcible Entry or Detainer, as aforesaid, yet if Two or
more Justices shall joyn therein together, it is better; for Plus vident
oculi quam oculus; & securious expediuntur negotia commissa pluribus.
Co.
4. 46. |
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Corporate
Towns. |
Also the Mayor, Justice or Justices of Peace, and
the Sheriffs and Bailiffs
of Cities, and Boroughs having Franchise, shall have in the said City,
Towns and Boroughs, like Authority to remove such Entries, and to inquire |
8 H. 6. 9.
Rast. 1744. |
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