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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 306   View pdf image (33K)
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306 8 H. 6, CAP 9 FORCIBLE
VII. Provided always,
That they -which keep their
Possessions with Force in any
Lands and Tenements, whereof
they or their Ancestors, or
they whose Estate they have
in such Lands and Tenements,
have continued their Posses-
sions in the same by three
years or more, be not endam-
aged by force of this Statute.
ENTRY.
Purveu toutz foitz qe ceux
qi gardent par force lour pos-
sessions en ascuns terres on
tenementz dount ils ou lour
auncestres ou ceux queux estat
ils ount en tiels terres & tene-
mentz ount contenuz lour pos-
sessions en ycelles par trois
ana ou pluis ne soient my en-
damagez par force de celle
estatut.

 
I. The Statute of 15 R. 2, c. 2, touching forcible Entries rehearsed and
confirmed. 4 Co. 48. Hob. 94. II. The Defects of the Statute of 15 R. 2,
c. 2. Palmer, 277. The Office and Duty of Justices of Peace when any
forcible Entry is made into Lands, or peaceable Entry, and after detain-
ing with force. Carthew, 496. III. Leonard, 327. The Remedy where any
person entering by force doth aliene the same Land to have Maintenance.
1 R. 2, c. 9. Dyer, 122, 187. 9 Co. 118. 11 Co. 65. 7 Ed. 4, f. 18. 4 H. 7,
f. 18. Cro. Eliz. 184, 189, 306, 458, 461, 582, 654, 738, 915. Cro. Jac. 17, 19,
31, 41, 148, 151, 176, 214. Cro. Car. 201. IV. The Justice's Precept to
the Sheriff to return a Jury to inquire of forcible Entries. Juror to have
40 s. per Ann. The Sheriff's Penalty for omitting his Duty. V. What
Action may be had against him who doth put out, or keep out of Possession
232 with Force. Savil, 68. 1 H. 7, f. 19. 6 H.* 7, f. 12. 10 H. 7, f. 9.
15 H. 7, f. 17. Dyer, f. 142. Fitz. Ent. 15, 16, 17, 18, 21, 27, 33, 39, 45. 10
H. 7, f. 12. 10 Ed. 4, f. 10. Dyer, 214. Fitz. Dam. 23, 25. 10 Co. 116. 11 Co.
30. Cro. Bl. 93, 96, 106, 697. 22 H. 6, f. 18. KeL f. 187. 14 H. 7, f. 28.
Dyer, f. 141. Bro. Force, 22. 1 Bulstr. 218. 2 Leon. 52. Co. pL f. 315.
VII. Inforced by 31 El. c. 11. They may keep their Land by Force, who
have had three Years Possession. 1 Salk. 356. Regist. 289. 1 Inst. 257. 5
R. 2, Stat. 1, c. 7. 4 H. 4, c. 8.
The whole of this Statute is in force and is included here, except the
latter part of the 6th section, which gives the Chief Officers of Cities,
&c., authority to repress forces, &c. The law considering that every entry
upon lands without the owner's leave, and more particularly if against his
orders, is a trespass, and that much inconvenience may happen to him
before he has an opportunity to forbid the entry, treats every entry upon
another's lands, unless by his leave, or in some special instances, as an
injury for which an action will lie to recover such damages as a jury may
give. It will be observed that this Statute also gives an action to recover
treble damages; but it applies only where there is such a degree of force
as is calculated to excite fear, see R. v. Smyth, 5 C. & P. 201. See the note
to 5 R. 2, Stat. 1, c. 8.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 306   View pdf image (33K)
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