Vide more concerning FINE, in AMENDMENT (N) - BARON AND FEME, (G 1.) CHANCERY, (3 N 1. 2.) - ENFANT, (B 2.) - PLeader, (2 Y 14.) FINES AND AMERCIAMENTS. Vide CHANCERY, (3 K) - CHIMIN, (C 13.) — COPYHOLD, (H 1., &c. -M 4.) LEET, (H-N 1. &c. -O 1. &c.)-PARLIAMENT, (H 8.) -PREROGATIVE, (D 51., &c.) SEWERS, (E 7.) - – FIRST-FRUITS. Vide TENTHS. FISHING. Vide JUSTICES of PEACE, (B 44.) FLEET. Vide CHANCERY, (B 8.)- IMPRISONMENT, (D) FLOTSAN. Vide WRECK, (A) FOLDAGE. Vide ACTION upon the case for a DISTURBANCE, (A 4.) FOLKMOTE. Vide COURTS, (O 7.) that return day; for till the return of the writ, the judgment cannot possibly be given. 5 Cruise, 96. Cro. Car. 102. - 4. Now, a fine being considered as a judgment, must, like all other judgments, relate to the first day of the term in which it is recorded, if the writ of covenant whereon it is levied be returnable the first day of term; otherwise it must relate to the return day of the writ of covenant. For in levying a fine there is no continuance of process to retard the relation, as the licentia concordandi is supposed to be obtained on the return of the writ of covenant, and the concord immediately acknowledged. 5 Cruise, 97.5. In support of which proposition he transcribes the following case reported by Jenkins, of which, he presumes, the authority will not be disputed, though the reporter has not mentioned when, and by what court it was determined: A. covenants with B. to levy a fine. Oct. Michaelis 1 Car. A. acknowledges a statute to C. 8th October, same year. The fine is levied according to the covenant, and the conusance taken the 12th October aforesaid. This conusance shall avoid the said statute by relation to the day of the essoign; which was before the said 8th October. Jenk. 250.- 6. In a note of Peere Williams, it is said, that if A. devises land, and levies a fine, and the caption and deed of uses are before the will, but the writ of covenant is returnable after the will, this seems a revocation; because a fine operates as such from the return of the writ of covenant, and not from the caption. And yet, says the reporter, this is a hard case; since, by the caption the party conusor does all his part, and the rest is only the act of the clerk, or his attorney, without any particular instructions from the party. 3 P. Wms. 170. n.Which passages, and the conclusions drawn from the rules by which all other judgments are construed, seem, says Mr. Cruise, fully to prove, that a fine, whether acknowledged before or after the original writ, on which it is levied, is sued out, will begin to operate from the return day of such original writ. 5 Cruise, 98. VOL. IV. 7. FOR FORBEARANCE. Vide ACTION upon the case upon ASSUMPSIT, (B1.) FORCEABLE ENTRY. (A) Forceable entry. (A 1.) How restrained. p. 339. (B) Forceable detainer. p. 343. (C) Remedy, by action. p. 343. (D 4.) What shall be a good one. p. 345. (D 5.) When restitution shall be made. p. 346. D 7.) When not. p. 347. (D 9.) What a rout. p. 368. What shall be a riot. D 10.) What an unlawful assembly. p. 368. (D 12.) How suppressed: - By one justice of (D 13.) By more justices. p. 371. (D 16.) By surety of the peace: — peace. How granted: (D 17.) How it shall be executed. p. 373. - (D 18.) Upon a warrant of a justice of peace :- How it shall be made. p. 374. (D 19.) How executed. p. 374. (D 20.) A recognizance for the peace: - How taken. p. 375. (D 21.) Of whom surety of the peace may be demanded. p. 376. D 22.) And by whom. p. 377. (D 23.) Of whom not. p. 377. (D 24.) (D 24.) What cause for it. p. 377. zance for the peace. p. 379. (D 27.) Of a recognizance for good behaviour. p. 380. (D 28.) How superseded. p. 380. (D 29.) How discharged. p. 381. (A) Forceable entry. (A 1.) How restrained. By the st. (a) 5 R. 2. 8. None shall enter into lands, &c. but when the entry is legal; and then in peaceable manner, and not with strong hand, or multitude. By the st. (6) 15 R. 2. 2. On complaint of forcible entry into lands, benefices, or offices of holy church, the justices of peace with the posse of the county shall go to the place, &c. and if they, or he, find any hold forcibly, shall commit them to the next gaol, till, convict by record of such justices, they make fine and ransom. And all of the county, and the sheriff, shall assist, &c. on pain of fine and ransom. By the st. (c) 8 H. 6. 9. On complaint of forcible entry, or detainer, the justices of the county, or mayor or justice in a corporation, at the costs of the party, shall cause these statutes to be executed. And whether the persons be present, or gone, shall inquire, &c. of such forcible entry, or detainer. So, by the st. (d) 21 Jac. 15. The justices shall give the same remedy (a) 1. It has been said that, at common law, and before the passing of the statutes, if a man had a right of entry upon lands or tenements, he was permitted to enter with force and arms, and to detain his possession by force, where his entry was lawful. Dalt. Inst. 297. Lamb. 135. Cromp. 70. a. b. 1 Hawk. c. 64. s. 1. 2. 3. 3 Bac. Abr. Tit. for Entry.-2. And that even at this day, he who is wrongfully dispossessed of his goods, may justify the re-taking of them by force from the wrongdoer, if he refuse to re-deliver them. 1 Hawk. c. 64. s. 1.-3. However it is clear that, in many cases, an indictment will lie at common law for a forcible entry, if it contain, not merely the common technical words with force and arms, but also such a statement as shews that the facts charged amount to more than a bare trespass, for which no one can be indicted. 3 Burr. 1731. Say. 225. 8 T. R. 357. —4. And it has been affirmed by Lord Kenyon, for part of the law which ought to be preserved, that no one shall with force and violence assert his own title. 8 T. R. 361.. - 5. But whatever may be the true doctrine upon this subject at common law, the statutes which have been passed respecting forcible entries and detainers are clearly intended to restrain all persons from having recourse to violent methods of doing themselves justice; and it is the more usual and effectual method to proceed upon these statutes, which give restitution and damages to the party grieved. Russell, 408, 409. (b) The st. 5. R. 2. gave no speedy remedy, leaving the party injured to the common course of proceeding by indictment or action; and made no provision at all against forcible detainers. Hence the occasion of the st. 15 R. 2. (c) The st. 15 R. 2. gave no remedy against those who were guilty of a forcible detainer after a peaceable entry, nor against those who were guilty of both a forcible entry and forcible detainer, if they were removed before the coming of a justice of peace; and it gave no power to the justice to restore the party injured to his possession, and did not impose any penalty on the sheriff for disobeying the precepts of the justices in the execution of the statute. Hence the occasion of the subsequent enact ments. (d) 1. In the construction of the antecedent statutes it was holden, that if a lessee for years or a copyholder be ousted, and the lessor or lord disseised, and such ouster, as well as disseisin, Z 2 for forcible entry, or detainer, on a term for years, copyhold, land held by elegit, statute-merchant, or staple, or guardian in chivalry, as on freehold. And these statutes extend, where the entry, or detainer is with force. F. N. B. 248. C. So, if the entry, and also the detainer, be forcible; though the statute speaks in the disjunctive. F. N. B. 248. D. 19 H. 6. 32. a. R. Mar. 6. (A 2.) What shall be. Forcible entry is, (e) when a man (ƒ) enters into lands or tenements (g) manu forti: as, (h) if he brings unusual weapons. Co. L. 257. b. H. P. C. 138. Or threatens violence. Co. L. 257. b. H. P. C. 138. disseisin, be found in an indictment of forcible entry, the court may, in their discretion, award a restitution of the possession to such lessee or copyholder; which was, by necessary consequence, a re-seisin of the freehold also, whether the lessor or lord had desired or opposed it. 2. But it was a great question, whether a lessee for years, or a copyholder, being ousted by the lessor or lord, could have a restitution of their possession within the equity of 8 H. 6. the words of which are, that the justice shall cause to re-seise the lands, &c. and by which it seems to be implied, that the party must be ousted of such an estate whereof he may be said to be seised, which must at least be a freehold.-3. For the purpose of removing this doubt, the 21 Jac. 1. passed. — 4. It has been holden, that a tenant by the verge is not within this statute; but the propriety of this decision is doubted; as such person, having no other evidence of his title but by the copy of court roll, seems at least to be within the meaning, if not within the words of the statute. 1 Hawk. c. 64. s. 17. Russell, 411, 412. — 5. If a lessor eject his lessee for years, and afterwards be forcibly put out of possession again by such Iessee, he has no remedy for a restitution by force of any of the abovementioned statutes; there seems, however, to be no doubt but that a justice of peace, &c. may remove the force and commit the offender. 1 Hawk. c. 64. s. 17, 18. (e) A forcible entry is committed by violently taking possession of lands or tenements, with menaces, force, and arms, and without the authority of the law. 4 Blk. Com. 148 (ƒ) A joint-tenant or tenant in common, may offend against the statutes, either by forcibly ejecting or forcibly holding out his companion; for though the entry of such a tenant be lawful per my et pur tout, so that he cannot in any case be punished in an action of trespass at common law, yet the lawfulness of his entry does not excuse the violence, or lessen the injury done to his companion; and consequently an indictment of forcible entry into a moiety of a manor, is good. 1 Hawk. c. 64. s. 33. (g) 1. It has been holden as a general rule, that a person may be indicted for a forcible entry into any such incorporeal hereditament for which a writ of entry will lie, either by the common law, as for rent, or by statute, as for tithes. 2. It is, however, questioned whether there be any good authority, that such an indictment will lie for a common or office; though it seems agreed, that an indictment of forcible detainer lies against any one, whether he be the terre-tenant or a stranger, who shall forcibly disturb the lawful proprietor in the enjoyment of these possessions; as by violently resisting a lord in his distress for a rent, or by menacing a commoner with bodily hurt, if he dare put his beasts into the common, &c.- 3. No one can come within the danger of the statutes, by a violence offered to another in respect of a way or such like easement, which is no possession. 4. And it seems that a man cannot be convicted, upon view, by force of the 15 R. 2. of a forcible detainer of any incorporeal inheritance wherein he cannot be said to have made a precedent forcible entry. 1 Hawk. c. 64. s. 31. Bac. Abr. for Ent. C. Russell, 414. (h) An entry may be forcible, not only in respect of a violence actually done to the person of a man, as by beating him if he refuse to relinquish his possession; but also in respect of any other kind of violence in the manner of the entry, as by breaking open the doors of a house, whether any person be in it at the time or not, especially if it be a dwelling house; and perhaps also by any act of outrage after the entry, as by carrying away the parties' goods, which being found in an assize of novel disseisin will make the defendant a disseisor with force, and subject him to fine and imprisonment. 1 Hawk. c. 64. s. 26. Russell, 414. Or 1 Lev. 90. Or breaks the door of the house, being lockt. H. 138. Or ejects the possessor with violence. H. 138. So, if he enters into a church with force. R. 1 Sid. 101. And one alone may make a forcible entry. H. 138. (i) Though it be an infant, or feme covert. Vide Cromp. 69. a. b. So, if one alone uses force, all in company are guilty. Co. Lit. 257. b. (k) If he breaks the door, and enters, though nobody be within the house. R. 2 Rol. 2. So it shall be a forcible entry, if (1) it be attempted with force, though obtained by intreaty. If he enters by force, though he does not eject the owner, nor continue in possession. (m) If he enters by force to make a distress for rent due. Vide Cromp. 69. b. (n) Or to take grass, corn, &c. Vide Dalt. c. 126. Cromp. 68. If he be accompanied, or weaponed, in such a manner, that people may dread force, though he does not use force. (o) So it shall be a forcible entry, if (p) he enters with a multitude. H. P. C. 138. (i) 1 Hawk. c. 64. s. 29. The (k) 1. Whether they come upon the lands or not. 1 Hawk. c. 64. s. 22.-2. So, if several come in company where their entry is not lawful, and all of them, except one, enter in a peaceable manner, and that one only uses force, it is a forcible entry in them all, because they come in company to do an unlawful act; but it is otherwise where one had a right of entry, for there they only come to do a lawful act, and therefore it is the force of him only who used it. Bac. Abr. For. Ent. (B).-3. And he who only agrees to a forcible entry made to his use, without his knowledge or privity, is not within the statutes, because he did not concur in or promote the force. 1 Hawk. c. 64. s. 24. 1. If one find a man out of his house, and forcibly withhold him from returning to it, and send persons to take peaceable possession of it in the party's absence, this, according to the better opinion, is a forcible entry. 1 Hawk. c. 64. s. 26.- 2. In which book it is given as the author's opinion; and contrary opinions are noticed, proceeding upon the ground that no violence was done to the house, but only to the person of the party; Russell, 415. (m) 1. Though a man enter peaceably, yet if he turn the party out of possession by force, or frighten him out of possession by threats, it is a forcible entry. Dalt. 299. 3 Bac. Abr. For. Ent. (B).-2 But threatening to spoil the party's goods, or destroy his cattle, or to do him any similar damage, which is not personal, if he will not quit the possession, seems not to amount to a forcible entry. Inst. 257. Bro. tit. Duress, 12. 16. 1 Hawk. c. 64. s. 28. Russell, 416. (n) 1. Because, though he does not claim the land itself, yet he claims a right and title out of it, which by the statutes he is forbid to assert with force. 3 Bac. Abr. For. Ent. (B)-2. But if a man who has a rent be resisted from his distress with force, this is a forcible disseisin of the rent, for which he may recover treble damages in an assize, or may fine and imprison the party; but he cannot have a writ of restitution, for the statute does not give the justices power to receive the rent, but only the lands and tenements themselves. Ibid. (0) Whenever a man, either by his behaviour or speech at the time of his entry, gives those who are in possession of the tenements which he claims, just cause to fear that he will do them some bodily hurt, if they will not give way to them, his entry is esteemed forcible; whether he cause such a terror by carrying with him an unusual number of servants, or by arming himself in such a manner as plainly intimates a design to back his pretensions by force, or by actually threatening to kill, maim, or beat, those who shall continue in possession, or by giving out such speeches as plainly imply a purpose of using force against those who shall make any resistance. 1 Hawk. c. 64. s. 27. (p) There may be a forcible entry, where any person's wife, children, or servants, Z 3 are |