If any person or persons after 1st June 1723, shall unlawfully Persons maliciously breaking and maliciously break down the Head or Mound of any Fish down the mound Pond, whereby the Fish shall be lost or destroyed, or shall of any fish-pond whereby any fish forcibly rescue any person being lawfully in custody of any are lost, &c. or Officer other person, or for forcibly rescuing the Offences before men. any such offenders, or tioned, or if any person or persons shall by gift or promise of procuring others Money or other Reward procure any of his Majesty's Subjects to join him or them in any such unlawful act; every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony, without Benefit of Clergy. 9 G. 1. c. 22. s. 1. By s. 4, 5. Offenders not surrendering themselves after Proclamation, and persons concealing Offenders after the time appointed for such Surrender, are also ousted of Clergy. By s. 14. Offenders may be tried in any County in England, and Corruption of Blood is saved. The above Act, 9 G. 1. c. 22. is made perpetual by 31 G. 2. c. 42. See title BLACK ACT. Forcible Entry and Detainer. And also the King defendeth, that none from henceforth make any Entry into any Lands and Tenements but in case where Entry is given by the Law; and in such case not with strong hand nor with multitude of people, but only in peaceable and easy manner. And if any 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 R. 2. c. 8. any such acts, to join them in declared to be felony without clergy. $ R Godbolt, 145. 1.180. pl. 180. None shall com in lands, &c. mit forcible entry against forcible fully executed. It is accorded and assented, that the Ordinances and Statutes The Statutes made and not repealed, of them that make Entries with strong entries, and inhand into Lands and Tenements, or other Possessions whatso- surrections, great riots, &c. shall be ever, 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 the 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 persons guilty of forcible entry place forcibly after such Entry made, they shall be taken and and imprison put in the next Gaol, there to abide Convict by the Record of them. Justices shall power, and take take sufficient § 2. The defects of the Stat. 15 R. 2. c. 2. 4. Co. 48. Hob. 94. Keilw. 207, 8. the same Justices or Justice, until they have made Fine and Ran- Recital and Confirmation of Statute 15 R. 2. c. 2. And for that the said Statute doth not extend to Entries in Tenements in peaceable manner, and after holden with force, nor if the persons which enter with force into Lands and Tenements be removed and 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 Discontinuances 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 remedy be not provided in this behalf; our Lord the King considering the premises, hath ordained that the said Statute and all other Statutes of such Entries or Alienations made in times past, shall be holden and duly executed; joined to the same, that from henceforth where any doth make any forcible Entry in Lands and Tenements or other Possessions, or them hold forcibly after Complaint thereof made within the same County entry and forcible where such Entry is made, to the Justices of Peace, or to one of them, by the party grieved, that the Justices or Justice so warned within a convenient time shall cause, or one of them shall cause, the said Statute duly to be executed, and that at the Costs of the party so grieved. 8 H. 6. c. 9. s. 2. The duty of Jus tices of Peace when any forcible entry be made into lands, &c. or peaceable retainer. Carthew, 49. The remedy where persons entering by force alien the same lands to have maintenance. And moreover, though that such persons making such Entry be present, or else departed, before the coming of the said Justice or Justices, 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, 1 Leonard, 327. shall have, or either of them shall have Authority and Power Dyer, 122. 187. to inquire by the people of the same County, as well of them 11 Co. 65. 151. 176. 214. that make such forcible Entries in Lands and Tenements as of 9 Co. 118. 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 such Entry into Lands or Tenements holden with force make a Feoffment or other Discontinuance to any Lord or other person, to have Maintenance, or to take away and defraud the possessor of his recovery, in anywise, if after in Assise or other Action thereof to be taken or pursued before Justices of Assises or other the King's Justices whatsoever, by due inquiry thereof to be taken, the same Feoffments 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, frustrate, and holden for none. 8 H. 6. c. 9. s. 3. And also when the said Justices or Justice make such in- The Justices quiries as before, they shall make, or one of them shall make their Warrants and Precepts, to be directed to the Sheriff of the same County, commanding him of the King's behalf to cause to come before them and every of them, sufficient and indifferent persons dwelling next about the Lands so entered as before, to inquire of such entries, whereof every man which shall be im- Their qualifica pannelled to inquire in this behalf shall have Land or Tene- tion. ment of the yearly value of Forty Shillings by year at the least, above reprises; and that the Sheriff return Issues upon every of them at the day of the first precept returnable, twenty shillings, and at the second day forty shillings, and at the third time one hundred shillings, and at every day after, the double; and if any Penalty on SheSheriff or Bailiff within a Franchise, having return of the King's riffs neglecting writ, be slack and make not execution duly of the said Precepts to him directed to make such inquiries, that he shall forfeit to the King xx. li. for every default, and moreover shall make fine and ransom to the King. s. 4. precept to the a Sheriff to return Jury to enquire of forcible en tries. their duty. Who shall hear And that as well the Justices or Justice aforesaid as the Justices of Assises and every of them, at the coming into the and determine County to take Assises, shall have, and every of them shall have offences. power to hear and determine such defaults and negligences of the said Sheriffs and Bailiffs and every of them, as well by Bill at the suit of the party grieved for himself as for the King, to sue by Indictment only to be taken for the King; and if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Holding with force. Three years possession. § 3. No restitution shall be made if the party hath tion or quiet pos years, and his Bill, that he which sueth for himself and for the King have the moiety of the forfeiture of xx. li., together with his costs and expences; and that the same Process be made against such persons indicted or sued by Bill in this behalf as should be against persons indicted or sued by Writ of Trespass done with force and arms against the peace of the King. 8 H. 6. c. 9. s. 5. And moreover if any person be put out or diseised 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 anywise thereof be made to defraud and take away the right of the possessor, that the party grieved shall have Assise of Novel Disseisin, or a Writ of Trespass, against such Disseisor; and if the party grieved recover by Assise 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, and in other articles aforesaid rising within the same, as the Justices of Peace and Sheriffs in Counties and Countries aforesaid have. s. 6. Provided always, that they which keep their possessions with force in any Lands and Tenements whereof they or their an cestors, or they whose estate they have in such Lands and Tenements have continued their possessions in the same by three years or more, be not endamaged by force of this Statute. s. 7. No Restitution upon any indictment of forcible entry or holding with force, shall be made to any person, if the person so indicted hath had the occupation or hath been in quiet possession been in occupa for three whole years together next before the day of such session for three Indictment so found, and his estate therein not ended, which the estate not ended. 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; and if the same allegation be tried against the Costs, &c. in cer- same person so indicted, then the person 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, such Costs and Damages to be recovered and levied as is usual for Costs and Damages in Judgments upon other Actions. 31 Eliz. Raym. 83. 85. tain cases. c. 11. s. 3. Such Judges, Justices or Justice of the Peace as by reason of any Act or Acts of Parliament now in force are authorized and enabled, upon Enquiry, to give Restitution of possession unto Tenants of any Estate of Freehold of their Lands or Tenements which shall be entered upon with force, or from them withholden by force, shall by reason of this Act have the same authority and ability from henceforth (upon indictment of such forcible entries or forcible withholdings before them duly found) to give like Restitution of possession unto Tenants for term of years, Tenants by copy of Court Roll, Guardians by Knight Service, Tenants by Elegit, Statute Merchant and Staple, of Lands or Tenements by them so holden, which shall be entered upon by force, or holden from them by force. 21 Jac. 1. c. 15. Foreign Power. The Statute 1 Eliz. c. 1., which is intituled "An Act to The penalty for restore to the Crown the Ancient Jurisdiction over the Estate maintaining any foreign authority. Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same," enacts (s. 27.) that " for the utter Extin- Dyer, 363. guishment of all Foreign and usurped Authority," If any person or persons dwelling or inhabiting in this Realm, or in any other of the King's Realms or Dominions, shall by writing, printing, teaching, preaching, express words, deed or act, advisedly, maliciously and directly affirm, hold, stand with, set forth, maintain or defend, the Authority, Preheminence, Power, or Jurisdiction, Spiritual or Ecclesiastical, of any Foreign Prince, Prelate, Person, State, or Potentate whatsoever, heretofore claimed, used, or usurped in this Realm, or any Dominion or Country being within or under the Power, Dominion, or Obeysance of the King, or shall advisedly, maliciously, and directly put in Ure or execute any thing for the extolling, advancement, setting forth, maintenance, or defence of any such pretended or usurped Jurisdiction, Power, Preheminence and Authority, or any part thereof, every person so doing and offending, their Abettors, Aiders, Procurers, and Counsellors, being thereof lawfully convicted and attainted according to the due order and course of the Common Laws of this Realm, shall for the first offence forfeit all his goods and chattels, as well real as personal. And if such goods, &c. are not worth £20, he shall, over the Forfeiture of all such goods, &c., be imprisoned for one whole year, without bail or mainprize. s. 28. |