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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 572   View pdf image (33K)
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572 31 ELIZ. CAP. 11, FORCIBLE ENTRY.
of the offence committed. This is taken from the Act of Feb. 1777, eh. 6.
In Washington & Bait. Tump. Co. v. the State, 19 Md. 239, it was held
that this section did not apply to a proceeding by scire facias authorized
by an Act of Assembly against a Corporation to forfeit its charter, though
the result might be a forfeiture of the franchise. In the same case the
Court waived the decision of the question, whether this provision may be
availed of on the general issue without being specially pleaded, see Hodsden
v. Harridge, 2 Wms. Saund. 63. The point appears to have been raised in
Hall v. the State, 12 G. & J. 329, where it was adjudged, that a party sen-
tenced by a justice of the peace to pay a fine might remove the sentence
into the County Court by certiorari, and if the certiorari were there quashed
and the sentence remitted, might carry the record by writ of error into the
Court of Appeals.* The proceedings there were actually set aside by the
Court of Appeals for a defect of jurisdiction in the justice of the peace.
However, it seems, that if an information qui tarn be brought after a year
on a Penal Statute giving one moiety to the king and the other to the
informer, it is naught only as to the informer, but good for the king,
2 Hawk. P. C. 386. See also Bake v. the State, 21 Md. 442.
4 See Rayner v. State, 52 Md. 368; Kane v. State, 70 Md. 546.
CAP. XI.
An Act of Explanation or Declaration of the Statute of octavo Regis H.
6, concerning Forcible Entries, the Indictments thereupon found.
Whereas there is one good Act made and established in the
eighth Year of the Reign of King Henry the Sixth, against
such Persons as should make Forcible Entry into Lands, Tene-
ments and other Possessions, or them should Forcibly hold;
and one very good Proviso or Clause, in the said Act contained,
as ensueth:
II. Provided always, That they which keep their Posses-
sions with Force, in any Lands and Tenements whereof they
or their Ancestors have continued their Possession in the same
by three Years or more, be not endamaged by Force of the
said Statute.
426* III. And whereas divers of the Queen's Majesty's good
and loving Subjects, and their Ancestors, or those whose Estate
they have, for many Years together, above the Space of three
Years or more, have been in quiet Possession of their Dwelling-
houses. and other their Lands and Possessions; and now of

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 572   View pdf image (33K)
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