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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 573   View pdf image (33K)
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31 ELIZ. CAP. 11, FORCIBLE ENTRY. 573
ate divers of her Majesty's said Subjects, having Entries made
upon their Possessions, having had such quiet and long Pos-
session, for disturbing of such Entrers, and for keeping of their
Possession against such Entrers, by Colour of Indictments of
Forcible Entry, or forcible keeping Possession, found against
them, by Means of the Oaths of such Entrers, have been re-
moved and put out of their Dwelling-houses, and other their
Possessions which they have quietly held by the Space of three
Years together, or longer Time, nest before such Indictments
found against them, against the true Meaning and Intent of
the said Proviso or Clause contained in the said Act: (2) For
Remedy of which Inconvenience, and for true Declaration and
Explanation of the Law therein, (3) Be it ordained, declared
and enacted by the Authority of this present Parliament, That
no Restitution upon any Indictment of Forcible Entry, or hold-
ing with Force, be made to any Person or Persons, if the Per-
son or Persons so indicted, hath had the Occupation, or hath
been in quiet Possession by the Space of three whole Years
together, nest before the Day of such Indictment so found,
and his, her or their Estate or Estates therein not ended or
determined; which the Party indicted shall and may alledge
for Stay of Restitution, and Restitution to stay until that be
tried, if the other will deny or traverse the same: (5) And if
the same Allegation be tried against the same Person or Per-
sons so indicted, then the same Person or Persons so indicted
to pay such Costs and Damages to the other Party, as shall be
assessed by the Judges or Justices before whom the same shall
be tried; the same Costs and Damages to be recovered and
levied, as is usual for Costs and Damages contained in Judg-
ments upon other Actions. 5 R. 2, Stat. 1, c. 7. 15 R. 2, c.
2. 4 B. 4, c. 8, 21 Jac. 1, c. 15.
I. 8 H. 6, c. 9.
III. The Proviso in the Stat. of 8 H. 6, c. 9, touching Continuance of
Possessions by three Years. 1 Salk. 353. No Restitution shall be made, if
the Party indicted hath been three Years in quiet Possession, and his
Estate not ended, Raymond, 84, 85. Dyer, 141. Costs shall be awarded
against the Party indicted, if his said Allegation be found against him.
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 573   View pdf image (33K)
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