offence, not more than eight nor less than six months,and for a third or other offence, not more than twelve nor less than eight months, there to be kept to hard labour. Id. s. 6.

Any person aggrieved by the judgment of any justice of the peace as aforesaid, may appeal to the next general quarter sessions of the county, &c., if within ten days after the judgment, and twenty days before the sessions, he give and leave a written notice of appeal at the office of the clerk of the peace, and to the person or at the dwelling-house of the informer or prosecutor, and shall also enter into a recognizance before such justice in a sum not exceeding 201., conditioned to try such appeal, and to pay costs, (if judgment be given against him) within ten days after the determination thereof; and the justices at session may award costs to either party: and if not paid within ten days after the hearing of the appeal, they may be levied by distress. Id. s. 12.

Nothing in this Act shall extend to or alter any Act or provision for the regulation of any fishery in any county, arm of the sea, &c.; Id. s. 14; or affect the rights of any lord of a manor; Id. s. 15; or prejudice the rights of any body politic corporate or collegiate. Id. s. 16.

2. Fisheries in particular rivers.

The salmon fisheries in the rivers Teign, Dart and Plym, are regulated by stat. 48 G. 3, c. lxi.

The salmon fisheries in the rivers Humber, Nid, Yore, Tine, and Eden, by stat. 13 Ed. 1, stat. 1, c. 47. 13 R. 2, st. 1, c. 19.

The salmon fisheries within the counties of Southampton and Wilts, by stat. 4 Ann. c. 21.

The fisheries in the rivers Thames and Medway, by stat. 30 G. 2, c. 21. 9 Ann. c. 26. 17 R. 2, c. 9. 13 R. 2, st. 1, c. 19. See 12 Ad. & El. 13.

The fisheries in the rivers Severn and Verniew, by stat. 18 G. 3, c. 33. 30 C. 2, c. 9.

The fisheries in the county and borough of Carmarthen, by stat. 45 G. 3, c. xxxiii.

3. Fry, or fish under size.

Persons taking or knowingly having in their possession, either in the water or on shore, or selling or exposing to sale, any spawn, fry or brood of fish, or any unsizeable fish, or fish out of season, or any smelt not five inches long, penalty 20s., and forfeiture of the fish and packages; which penalty may be levied by distress, and given half to the prosecutor and half to

the poor of the parish where the offence was committed; and in default of distress, the offender may be committed to the house of correction, there to be kept to hard labour for not more than three months. 33 G. 2, c. 27, s. 13, &c.

The form of conviction given by the statute, is thus: Be it remembered, that on this

day of

in the

year of

of*

;

Given

the reign of Queen Victoria, A. B. is convicted before me one of Her Majesty's justices of the peace for and I do adjudge him to pay and forfeit the sum of · under · my hand and seal the day and year above said. after the asterisk,* is seemingly left for a statement of the offence.

The blank

4. Other fisheries.

The herring fishery, is regulated by stat. 48 G. 3, c. 110. 55 G. 3, c. 94. 1 & 2 G. 4, c. 79. 5 G. 4, c. 64. 7 G. 4, c. 34. 1 W. 4, c. 54.

The lobster fishery, by stat. 9 G. 2, c. 33.

Fishing in the sea, by stat. 3 J. 1, c. 12. 1 G. 1, st. 2, c. 18. 33 G. 2, c. 27, s. 11.

As to stealing fish, dredging for oysters in the oyster beds of another, &c., see post, tit. "Larceny."

FIXTURES.

See "Larceny."

FLOUR.

See "Bread and Flour."

FORCIBLE ENTRY AND DETAINER.

Forcible entry, what and how punishable.] By stat. 5 Ric. 2, c. 7, "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." This extended only to freeholds; but by 21 Jac. 1, c. 15, it has been extended to terms for years and copyholds.

An entry may be said to 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 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. 1 Hawk. c. 64, s. 26. So, wherever a man, either by his behaviour or speech, at the time of his entry, gives those who are in possession of the tenements he claims, just cause to fear that he will do them some bodily hurt if they will not give way to him his entry is deemed forcible, whether he cause such terror, by carrying with him such 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 making use of such speeches as plainly imply a purpose of using force against those who shall make any resistance; or the like. 1 Hawk. c. 64, s. 27. And see Milner v. Maclean, 2 Car. & P. 17. But no entry shall be deemed forcible, from any threat to spoil another's goods, or to destroy his cattle, or to do him any other damage which is not personal. 1 Hawk. c. 64, s. 28. So, an entry into a house through a window, or by opening a door with a key, is not forcible, Id. s. 26, unless accompanied with circumstances of violence or terror, such as have been above mentioned. Nor can a mere trespass be deemed a forcible entry. R. v. Smyth, 5 Car. & P. 201. So if one, who pretends title to lands, barely go over them, in his way to church or to market, or for the like purpose, without doing any act which either expressly or impliedly amounts to a claim to such lands, he cannot be said to make an entry therein within the meaning of the statutes, although he be accompanied at the time by a great number of attendants, or armed. 1 Hawk. c. 64, s. 20. Yet in such a case, if he make an actual claim, with any circumstances of force or terror, he seems to be guilty of a forcible entry within stat. 5 R. 2, c. 7, whether his adversary actually quit the possession or not. Id. s. 21.

It may be necessary to mention, that a joint tenant or tenant in common may offend against the statutes, either by forcibly ejecting or forcibly holding out his companion; for although the entry of such a tenant be lawful, so that no action of trespass will lie against him for it, yet the lawfulness of his entry in no way excuses the violence, or lessens the injury done to his companion. 1 Hawk. c. 64, s. 33.

All who accompany the person making a forcible entry, shall be deemed equally guilty, whether they actually enter upon the lands or not. 1 Hawk. c. 64, s. 22. But a man who barely

agrees to a forcible entry, already made to his use, without his knowledge or privity, is not guilty, for he in no way concurred in or promoted the force. Id. s. 24.

Commitment :-On at forcibly and with strong hand did enter into a certain messuage with the appurtenances · there situate, of which one C. D. was then [seised in his demesne as of fee, or possessed for a certain unexpired term of years], and the said C. D. from the peaceable possession of the said messuage with the appurtenances aforesaid, forcibly and with strong hand unlawfully did expel and put out; against the form of the statute in such case made and provided. And you the

said keeper, &c.

Where a man remains in the occupation and quiet possession of the lands, &c., for three years after his forcible entry into them, restitution shall not be awarded; 31 El. c. 11; although he may be indicted for the forcible entry.

Forcible detainer.] The same circumstances of violence or terror, which will render an entry forcible, will make a detainer forcible also. 1 Huwk. c. 64, s. 30. From whence it seems to follow, that whoever keeps in his house an unusual number of people, or unusual weapons, or threatens to do some bodily hurt to the former possessor, if he dare return, shall be adjudged guilty of a forcible detainer, though no attempt be made to re-enter; and it hath been said, that he also shall come under the like construction, who places men at a distance from the house, in order to assault any one who shall attempt to make an entry into it; and that he also is in like manner guilty, who shuts his doors against a justice of peace coming to view the force, and obstinately refuses to let him come in. Id. But it is said, that a man ought not to be adjudged guilty of this offence, for barely refusing to go out of a house, and continuing therein in despite of another. Id. Forcible detainer, is punishable in the same manner as forcible entry. See 8 H. 6, c. 9.

Commitment:-On at, unlawfully did enter a certain messuage with the appurtenances there situate, of which one C. D. was [seised in his demesne as of fee, or possessed for a certain unexpired term of years,] and the said C. D. from the peaceable possession of the said messuage, with the appurtenances aforesaid, then and there did unlawfully expel and put out: and that the said A. B. then and there, and from thence hitherto, the said C. D., from the possession of the said messuage with the appurtenances aforesaid, with force and arms and with strong hand, unlawfully and injuriously did keep out, and the said messuage and appurtenances and the possession thereof then and there unlawfully and forcibly did hold and detain, and still doth hold and detain, from the said C. D.; against the form of the statute in such case made and provided. And you the said keeper, &c.

Formerly, upon a charge either of forcible entry or forcible detainer, the party kept out of possession was not a competent witness to prove the offence. R. v. Beavan, Ry. & M. 242, R. v. Williams, 9 B. & C. 549. But now, by stat. 6 & 7 Vict. c. 85, s. 1, no person shall be excluded from giving testimony, in cases civil or criminal, by reason of his being interested in the event of the proceeding, provided he be not a party to it, and actually named in the record. And as the Queen is in law the party prosecuting, the party kept out of possession, it should seem, is no longer incompetent. But it is very doubtful if he can be a witness in the proceedings before justices upon view, treated of infra. In R. v. Williams, supra, it was also decided that the defendant cannot impeach the title of the party dispossessed.

2. Proceedings by Justices, upon view.

Proceedings upon view.] By stat. 15 Ric. 2, c. 2. (after referring to the stat. 5 Ric. 2, already mentioned ante, p. 464,) it is enacted "that at all times that such forcible entries 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 the 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 sheriff as others, shall be attendant upon the same justices, to go and assist the same justices to arrest the offenders, upon pain of imprisonment and to make fine to the king; and in same manner it shall be done of them that make such forcible entries in benefices or offices of holy church."

As this statute did not extend to forcible detainers after a peaceable entry, nor to a forcible detainer after a forcible entry, unless the party were found upon the premises by the justice; to remedy this, it was enacted by stat. 8 H. 6, c. 9, (after referring to the above stat. 15 R. 2), that "when 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 where such entry is made, to the justices of the peace or to one of them, by the party grieved, that the justices or justice so warned, within a convenient time, shall cause the statute to be executed, and that at the costs of the party so grieved."

When complaint therefore is made to a justice of peace, of a forcible entry and detainer, the justice shall go to the house or other place mentioned, and there upon his own view shall