This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 Excerpt: ...to deliver seisin and possession thereof to the lessor of the plaintiff." The officer may, if necessary, break open doors, in order to execute a writ of habere facias possessionem, if the possession be not quietly given up; or he may take the posse comitatus with him, if he fear violence (e); and, after he has got ...
Read More
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 Excerpt: ...to deliver seisin and possession thereof to the lessor of the plaintiff." The officer may, if necessary, break open doors, in order to execute a writ of habere facias possessionem, if the possession be not quietly given up; or he may take the posse comitatus with him, if he fear violence (e); and, after he has got possession, he may remove all persons, goods, &c, from off the premises before he gives possession (f). It is in practice usual for the lessor of the plaintiff to indemnify the sheriff, and then the sheriff gives the lessor execution of what he demands (g). By the stat. 1 & 2 Vict. c. 74, s. 1, which was passed in order to facilitate the recovery of tenements held at a rent not exceeding 20 a year, the officers acting under the warrant obtained in pursuance of that act are expressly authorised (4) 1 Hale, P. C. 481, 488. By (d) 1 Hale, P. C. 484; Rex v. stat. 0 Geo. 4, c. 31, s. 10, no pu-Scully, 1 C. & P. 319. nishment or forfeiture shall be in-(e) 5 Rep. 91. curred by any person who shall kill (/) Upton v. Wells, 1 Leon. R. another in his own defence. 145. (f) 1 Hale, P. C. 481, 484, et seq. (g) 2 Selw. N. P., 10th ed., 761. to enter by force, if needful, into the premises of which possession is sought to be recovered, and to give possession of the same to the landlord or his agent. Third moiu-3rdly, The third exception to the general rule is, where the execution is at suit of the Crown, as where a felony or misdemeanour has been committed, in which case the sheriff may break open the outer door of the defendant's dwellinghouse, having first signified the cause of his coming and desired admission (A). But bare suspicion touching the guilt of the party will not warrant the proceeding to this extremity, though a felony has b...
Read Less
