Entry in United Kingdom

Meaning of Entry

The following is an old definition of Entry [1]: As relates to Property. The act of actually going upon land, or into a building. At common law, an assertion of title by going upoil the land; or, if that was hazardous, by “making continual claim.” Taking possession of lands by the legal owner. 1. An extrajudicial and summary remedy by the legal owner, when another person, who has no right, has previously taken possession of lands or tenements. The party entitled may make a formal but peaceable entry thereon, declaring that thereby he takes possession, which notorious act of ownership is equivalent to a feudal investiture; or he may enter on any part of the land in the same county in the name of the whole; but if the land lies in different counties he must make different entries. If the claimant is deterred from entering by menaces he may “make claim” as near the estate as he can with the like forms and solemnities, which claim is in force for a year and a day; and, if repeated once in the like period (called ” continual claim “), has the same effect as a legal entry. Such entry puts into immediate possession him that has the right of entry, and thereby makes him complete owner, capable of conveying. But this remedy applies only in cases in which the original entry of the wrong-doer was unlawful, viz., in abatement, intrusion, and disseisin. In discontinuance and deforcement the owner of the es’tate cannot enter; for, the original entry being lawful, an apparent right of possession is gained, and the owner is driven to his action at law. In cases where entries are lawful, the right of entry may be ” tolled,” that is, taken away, by descent. Corresponds to recaption of personalty. Re-entry. The right reserved to consider a lease forfeited and to resume possession of the premises, upon failure in the lessee to perform a covenant; also, any exercise of this right. This being a harsh power, the courts will restrain it to the most technical limits of the terms and conditions upon which the right is to be exercised. When for rent in arrear, unless dispensed with by agreement or statute, demand of payment of the rent must first be made. 2. On the subject of entry by a grantor for breach of condition by the grantee, see Grant. 3. Going upon the landed property of another for any other purpose than those above mentioned. It is not a trespass to enter upon another’s premises to abate a nuisance, retake goods, make repairs, demand rent, distrain, or capture an estray. See Trespass, Ab initio. Forcible entry. An entry made with violence, against the will of the lawful occupant, and without authority of law. Such entry as is made with a strong hand, with unusual weapons, an unusual number of servants or attendants, or with menace of life or limb; not a mere trespass. “When a man enters peaceably into a house, but turns the party out of possession by force, or by threats frights him out of possession.” It will be sufficient if the entry is attended with such a display of force as manifests an intention to intimidate the party in possession, or deter him from defending his rights, or to excite him to repel the invasion, and thus bring about a breach of the peace. Forcible entry and detainer. An offense against the public peace, committed by violently taking or keeping possession of lands and tenements by menaces, force, and arms, and without the authority of law. The entry now allowed by law is a peaceable one; that forbidden is such as is carried on and maintained by force, by violence and with unusual weapons. In early days, at common law, any man who had a right of entry upon lands was authorized to enter with force and arms, and by force and arms retain possession – provided, possibly, that the entry was nptbya breach of the public peace. The general revision of the written law upon the use of force by an individual to establish his own rights, made by statute 8 Hen. VI (1430), c. 9, is substantially the origin of existing law upon the subject of forcible entry and detainer. Prosecution under this statute is by indictment. In Massachusetts, unless the entry and detainer is accompanied by an actual breach of the peace, the process is substantially a civil proceeding. Under either procedure the court will award restitution of the premises. The purpose of statutes forbidding forcible entry and detainer is, that, without regarding the actual condition of the title to property, where a person is in the peaceable and quiet possession of it he shall not be turned out by strong hand, by force, by violence, or by terror. The party so using force and acquiring possession may have the superior title or may have the better right to the present possession, but the policy of the law is to prevent disturbances of the public peace, to forbid any person lighting himself, in a case of that kind, by his own hand and by violence, and to require that the party who has in this manner obtained possession shall restore it to the party from whom it has been obtained; and that, when the parties are in statu quo, in the position they were in before the use of violence, the party out of possession must resort to legal means to obtain his possession, as he should have done in the first instance. If a claimant (a railroad company) of real estate, out of possession, resorts to force, amounting to a breach of the peace, to obtain possession from another claimant (also a railroad company) who is in peaceable possession, and personal injury arises there-from, the party using the force is liable in damages, compensatory and punitive, for the injury, without regard to the legal title, or to the right of possession. 4. Entrance into a dwelling-house with the whole or a part of the body, or with any implement for the purpose of committing a felony. See Burglary. II. As a matter of Writing. Setting down in written characters; placing upon the record: recording. 1. Setting down in a book of accounts the particulars of a business transaction. Original entry. The first statement made by a person in his account-books, charging another with money due upon a contract between them. whence (the word(s) which follow it are derivatives from the same root word) “book of original entries.” See further Book, Entries.Short entry. It was a custom in London for bankers to receive bills for collection and to enter them immediately in their customers’ accounts, but never to carry out the proceeds in the column to their credit until actually collected. This was called ” short entry ” or ” entering short.” 2. The transaction by which an importer obtains entrance of his goods into the body of the merchandise of the country. Until the entire transaction is closed, by a withdrawal and payment of the duties upon all the goods covered by the original paper called the entry for warehouse, the “false entry” contemplated by the act of Congress of March 3, 1863, is not completed. In the statutes in relation to duties, but one entry is referred to – the original entry provided, regulated, and defined by sections 2785-90, Eev. St. “Entry for withdrawal ” is a misnomer. 3. Filing or inscribing upon the records of a land-office the written proceedings required to entitle a person to a right of pre-emption or of homestead in public lands. The act by which an individual acquires inceptive right to a portion of the unappropriated soil of the country, by filing his claim in the offlce of the ” entry-taker,” an officer who corresponds in his functions to the register of land-offices. See Land, Public; Preemption. 4. Depositing for copyright the title or description of a book or other article. whence (the word(s) which follow it are derivatives from the same root word) ” Entered according to Act of Congress,” etc. See Copyright. 5. Recording in due form and order a thing done in court: as, an appearance made, a judgment rendered. Styled ” docket ” or “record” entries. When a written order is signed by the judge and filed with the clerk, who enters a brief statement thereof in his “minute-book, the order, although not then recorded in the order-book, is “entered,” within the meaning of a law limiting the time for appeal. In a literal sense, writing up a judgment in a docket is “entering” it; as, entering the judgment of a justice of the peace. In the practice of legislative bodies, the orderly inscription in a journal of any action or determination required to be preserved in writing. The constitution of Iowa requires that a proposed amendment ” shall be entered ” in the journals of the two houses of Assembly “with the yeas and nays.”This means that the amendment shall be spread at length thereon, and the yeas and nays set out in the journal in full. But instances where “to enter” and “entered” do not naeau to spread at length may be cited. The object to be obtained must be considered in each case. See Yeas and Nays. III. As a Remedy. A ” writ of entry,” at common law, was a proceeding by which the possession of land, wrongfully withheld from its owner, could be recovered. A real action, possessory in nature. In a greatly modified form, has been used in this country. In England, superseded by the action of ejectment, and, later, abolished.

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Notes and References

1. Concept of Entry provided by the Anderson Dictionary of Law (1889)