No. XXXIX. 58 Geo. III. c. 43. Not to affect the Provisions of any Act; nor the Rights of Manors. Not to affect the Rights of Corporations; or of the City of London. XIV. Provided always and be it further enacted, That nothing in this Act contained shall extend or be construed to extend or alter any Act or Acts of Parliament or any clause provision regulation or penalty or forfeiture contained in any Act or Acts of Parliament in force for the regulation of any fishery or fisheries or the preservation thereof, or of the brood spawn or fry of fish in any particular county or arm of the sea estuary or river. XV. Provided always and be it further enacted, That nothing herein contained shall extend to affect the rights of any lord or lords lady or ladies of any manor; and it shall be lawful for such lord or lords lady or ladies and they are hereby required to appoint conservators for the protection of any river or rivers within their respective manors. XVI. Provided also and it is hereby enacted, That nothing in this Act contained shall extend or be construed to extend to prejudice or derogate from the rights interests privileges franchises or authority of any body or bodies politick corporate or collegiate or their successors, or to prohibit defeat alter or diminish any power authority or jurisdiction which such body or bodies politick corporate or collegiate at the time of the passing of this Act did or might lawfully claim use or exercise in any river or rivers as aforesaid, XVII. Provided also and it is hereby enacted and declared, That nothing in this Act contained shall extend or be construed to extend to prejudice or derogate from the rights interests privileges franchises or authority of the mayor and commonalty and citizens of the city of London or their successors, or the Lord Mayor of the said city for the time being, or to prohibit defeat alter or diminish any power authority or jurisdiction which at the time of making this Act the mayor and commonalty and citizens of the city of London or the Lord Mayor of the said city for the time being as conservator of the river Thames and waters of Medway did or might lawfully claim use or exercise. PART VI. CLASS XVII. Forcible Entry.* * It has been thought most convenient to introduce this Subject in the present Division, although some of the Statutes have not any immediate Relation to the Functions of a Justice of Peace. For the general Exposition of the Law relating to it, see 1 Hawk. P. L. c. 64.—It is agreed, that an Indictment for a forcible Entry may be maintained at common Law; but an Indictment, stating that the Defendants, with Force and Arms, unlawfully broke and entered a Close, and unlawfully and unjustly expelled the Prosecutors, and kept them out of Possession, was held to be not sufficiently descriptive of the force requisite to constitute such Offence. It ought to amount to an actual Breach of the Peace; and this ought to appear on the face of the Indictment. Rex v. Bake and others, 3 Bur. 1731.-It is stated by Hawkins, that at common Law a Man disseised of Lands (if he could not prevail by fair means) might lawfully regain the Possession by force.-In Rex v. Wilson and others, 8 T. R. 357. the Indictment stated that the Defendants, vi et armis, unlawfully, injuriously, and with a strong Hand, entered a Mill; and unlawfully, injuriously, and with a strong Hand, expelled A. B. &c. There were other Counts omitting the expression, with a strong Hand, which were abandoned as untenable. The Count containing those Words was held sufficient to denote the degree of force requisite to support the Indictment: and, on a subsequent day, Lord Kenyon, referring to the Observations in Hawkins above cited, said, "Perhaps some doubt may hereafter arise respecting that doctrine; but without giving any opinion concerning it, we may on the other but leaving it to be proved or disproved whenever the question shall arise, all that we wish to say is, that our opinion upon this case leaves that question untouched; it appearing that the Defendants unlawfully entered, and therefore the Court cannot intend that they had any Title." It is manifest that the word 'unlawfully' is very often thrown into Indictments as a word of course; and, in general, the insertion of that word will not supply the want of any essential averment requisite to constitute an Offence. In the particular case, the question whether the insertion of the word unlawfully was equivalent to an averment negativing a right of Entry was not argued at the Bar. A distinction is made with respect to an Entry into a Dwelling-house, in which case the words, with a strong Hand, are not necessary. See Rex v. Bathurt, Sayer. 225; cited 3 Bur. 1699, 1702. See also the other cases cited in Rex v. Wilson.-There is a Form of an Indictment in Cro. Circ. Comp., which, according to the Cases, is not sufficient, except in the instance of a Dwelling-house. No. I. ] 5 Richard II. Stat. 1. c. 7.-Manumissions, Releases, and other Bonds made in the last Tumult by Compulsion, shall be void. It shall be Treason to begin a Riot, Rout, or Rumour.* I have thought it eligible to insert this Chap. and also Chap. 9, as shewing the circumstances under which Chap. 8 was enacted. २ 5 Richard II. Stat. 1. c. 8.-The Penalty where any doth enter into Lands where it is not lawful or with Force. AND also the King defendeth, That none from henceforth make any 5 Richard II. entry into any lands and tenements, but in case where entry is st. 1. c. 8. given by the law; and in such case not with strong hand nor with mul- Godbolt 145. titude of people, but only in peaceable and easy manner. And if any pl. 180. Carthew 497. Regist. 182. Enforced and amended by 15 R. 2. c. 2. 4 H. 4. c. 8. 8 H. 6. c. 9. which is explained by 31 Eliz. c. 11. 10 H. 7. f. 27. 11 H. 7. f. 15. See farther 23 H. 8. c. 14. 21 Jac. 1. c. 15. whereby Justices are enabled to give Restitution in certain Cases. VOL. VII. No. I. 5 Rich. II. st. 1. c. 8. Enforced by 6 R. 2. stat. 1. c. 4. man from henceforth do to the contrary and thereof be duly convict, he shall be punished by imprisonment of his body and thereof ransomed at the King's will.' 5 Richard II. Stat. 1. c. 9.-A Remedy for them whose Writings were destroyed in the late Insurrection. [ No. II. ] 15 Richard II. c. 2.-The Duty of Justices of Peace when any forcible Entry is made into Lands. 15 Richard II. ITEM, It is accorded and assented, That the ordinances and statutes c. 2. Former Sta. tutes concern ing forcible En tries and Riots confirmed. Kel. 41. 3 Bulst. 71. Mod. Cases in 5 R. 2. stat. 1. c. 8. Enforced and 4 H. 4. c. 8. 8 Henry VI. c. 9. 15 R. 2. c. 2. touching forcible Entries rehearsed and confirmed, 4 Co. 48. Hob. 94. Keilw. 207, 208. 6 6 made and not repealed of them that make entries with strong hand into lands and tenements or other possessions whatsoever, and them hold with force, and also of those that make insurrections or great ridings riots routs or assemblies in disturbance of the peace or of the common law or in affray of the people shall be holden and kept and fully executed; joined to the same, That at all times that such forcible entry shall be made, and complaint thereof cometh to the justices of peace or to any of them, that the same justices or justice take sufficient power of the county and go to the place where such force is made; and if they find any that hold such place forcibly after such entry made they shall be taken and put in the next gaol, there to abide convict by the record of the same justices or justice until they have made fine and ransom to the King: And that all the people of the county as well the sheriffs as other shall be attendant upon the same justices to go and assist the same justices to arrest such offenders upon pain of impri'sonment and to make fine to the King. And in the same manner it 'shall be done of them that make such forcible entrics in benefices or 'offices of holy church,' See 31 Eliz. c. 11. which explains 8 H. 6. c. 9. See 21 Jac. 1. c. 15. which [No. III. ] 8 Henry VI. c. 9.-The Duty of Justices of Peace where Land is entered upon or detained with Force. ITEM, Whereas by the noble King RICHARD late King of England, 66 after the Conquest the Second, at his Parliament holden at WestThe Statute of❝minster the Morrow after All Souls, the fifteenth year of his reign, amongst other things it was ordained and established, That the statutes " and ordinances made and not repealed of them that make entries with strong hand into lands or tenements or other possessions whatsoever "and them hold with force, and of them that make insurrections riots routs ridings and assemblies in disturbance of the peace or of the common law or in affray of the people should be holden and fully executed: "And moreover it is ordained by the same statute, That at all times "that such forcible entries be made and complaint thereof come to the "justices of peace or any of them, that the same justices or justice shall "take the power of the county and shall go or one of them shall go to "the place where such force is made; and if they find or he findeth any holding such place forcibly after such entry made, they should be taken "and put in the next gaol, there to remain convict by the record of the same justices or justice until they have made fine and ransom to the "King; and that all the people of the county as well sheriffs as other "shall be attending to the said justices, and to assist them to arrest such "malefactors upon pain of imprisonment, and to make fine and ransom "to the King. And that in the same manner be done of them that make "forcible entries into benefices or offices of holy church, as in the same statute is contained more at large. "II. And for that the said statute doth not extend to entries in tene"ments in peaceable manner and after holden with force, nor if the per66 sons which enter with force into lands and tenements be removed and 66 "voided before the coming of the said justices or justice as before, nor any pain ordained if the sheriff do not obey the commandments and precepts of the said justices to execute the said ordinance, many "wrongful and forcible entries be daily made in lands and tenements by "such as have no right, and also divers gifts feoffments and discon"tinuances sometimes made to Lords and other puissant persons and "extortioners within the said counties where they be conversant, to have "maintenance, and sometimes to such persons as be unknown to them "so put out to the intent to delay and defraud such rightful possessors "of their right and recovery for ever, to the final disherison of divers of "the King's faithful liege people and likely daily to increase if due No. III. 8 Henry VI. c. 9. "remedy be not provided in this behalf;" Our Lord the King consider- The Office and ing the premises hath ordained, That the said statute and all other Duty of Justices statutes of such entries or alienations made in times past, shall be of Peace when holden and duly executed; joined to the same, That from henceforth any forcible Enwhere any doth make any forcible entry in lands and tenements or other try is made into possessions or them hold forcibly, and after complaint thereof made within Lands, or peacethe same county where such entry is made to the justices of peace or to after detaining able Entry, and one of them by the party grieved, that the justices or justice so warned with Force. within a convenient time shall cause, or one of them shall cause the Carthew, 49. 'said statute duly to be executed, and that at the costs of the party so 'grieved. III. And moreover though that such persons making such entry be ' present or else departed before the coming of the said justices or justice, ' notwithstanding the same justices or justice in some good town next to the tenements so entered or in some other convenient place according 'to their discretion shall have or either of them shall have authority and power to inquire by the people of the same county as well of them that 'make such forcible entries in lands and tenements as of them which 'the same hold with force; and if it be found before any of them that any doth contrary to this statute, then the said justices or justice shall cause to reseise the lands and tenements so entered or holden as afore, and shall put the party so put out in full possession of the same lands ' and tenements so entered or holden as before. And if any person after 1 Leonard, 327. 'such entry into lands or tenements holden with force make a feoffment The Remedy ⚫ or other discontinuance to any lord or other person to have maintenance where any or to take away and defraud the possessor of his recovery in any wise Person entering if after in assize or other action thereof to be taken or pursued before by Force doth justices of assizes or other the King's justices whatsoever by due inquiry 'thereof to be taken, the same feoffnients and discontinuances may be duly proved to be made for maintenance as afore is said, that then such 'feoffments or other discontinuance so as before made shall be void frus'trate and holden for none. Land to have aliene the same Maintenance.. 11 Co. 65. 7 Ed. 4, f. 8. 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. 101. IV. And also when the said justices or justice make such inquiries The Justices 'as before, they shall make or one of them shall make their warrants and Precept to the precepts to be directed to the sheriff of the same county, commanding Sheriff to rehim of the King's behalf to cause to come before them and every of turn a Jury to them sufficient and indifferent persons dwelling next about the lands so inquire of forentered as before to inquire of such entries, whereof every man which cible Entries. 'shall be impannelled to inquire in this behalf shall have land or tenement Juror to have of the yearly value of forty shillings by the year at the least above re- 40s. per Ann. 'prises. And that the sheriff return issues upon every of them at the day of the first precept returnable xx. s. and at the second day xl. s. and at the third time C. s. and at every day after the double. And if any sheriff The Sheriff's 'or bailiff within a franchise having return of the King's writ be slack Penalty for and make not execution duly of the said precepts to him directed to omitting his 'make such inquiries, that he shall forfeit to the King xx. li. for every Duty. 'default, and moreover shall make fine and ransom to the King. V. And that as well the justices or justice aforesaid as the justices ' of assizes and every of them at their coming into the country to take No. III. 8 Henry VI. c. 9. What Action may be had against him who doth put out, 'assizes shall have and every of them shall have power to hear and de- or keep out of Possession with Force. Savil 68. 1 H. 7. f. 19. 6 H. 7. f. 12. 10 H. 7.f. 19. 1 Bulst. 218. VI. And moreover if any person be put out or disseised of any lands or tenements in forcible manner, or put out peaceably and after holden out with strong hand; or after such entry any feoffment or discontinuance in any wise thereof be made to defraud and take away the right of the possessor; that the party grieved in this behalf shall have assize of novel disseisin or a writ of trespass against such disseissor. And if the party grieved recover by assize or by action of trespass and it be 'found by verdict or in other manner by due form in the law that the 'party defendant entered with force into the lands and tenements or them ' after his entry did hold with force, that the plaintiff shall recover his 'treble damages against the defendant; and moreover that he make fine ' and ransom to the King. And that mayors justices or justice of peace 'sheriffs and bailiffs of cities towns and boroughs having franchise, have in the said cities towns and boroughs like power to remove such entries ties, &c. to re- and in other articles aforesaid rising within the same as the justices of press Force. peace and sheriffs in counties and countries aforesaid have. Inforced and explained by 31 El. c. 11. The Authority of the chief Officers in Ci They may keep their Land by Force who have had three Years Posses 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 conti'nued their possessions in the same by three years or more be not en'damaged by force of this statute.' ion. I Salk. 356. 1 Inst. 257. 5 R. 2. st. 1. c. 7. 4 H. 4. c. 8.23 H. 8. c. 14. and see 21 Jac. 1. c. 15. which enables Justices to give restitution in certain Cases. 23 Henry VIII. c. 14. Like Process to [No. IV. ] 23 Henry VIII. c. 14.-Process of Outlawry to lie in Actions, on 5 Rich. II. and in Covenant and Annuity. FORASMUCH as there is great delay in actions of trespass brought upon the statute of Richard the Second, made in the fifth year of his reign, against them that make entries into any lands or tenements where their entry is not given by the law, and also in actions of annuity and 'actions of covenant, because there lieth no process of outlawry in such 'nature of actions:'(2) For reformation whereof, it may please the King's Highness by the advice of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, to ordain and enact, That like process be had hereafter in every action from henceforth to be brought upon the said statute anno quinto as is in a common action of trespass at the common law, (3) and that Br. Exigent, 22. also like process be had in every writ of annuity and covenant hereafter Br. Process, 12. to be sued as is in an action of debt. be had in every 5 R. 2. st. 1. 53. 63. 125. |