Blacks Law Dict. 1st ed

ENTRY ON THE ROLL

424

ENTRY

of the five species of ouster, viz., abatement, in trusion, and disseisin; for, as in these three cases the original entry of the wrong-doer is unlawful, so the wrong may be remedied by the mere entry of the former possessor. But it is otherwise upon a discontinuance or deforcement, for in these lat ter two cases the former possessor cannot rem edy the wrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring an apparent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the claimant. Brown. An entry at common law is nothing more than an assertion of title by going on the land; or, if that was hazardous, by making continual claim. An ciently, an actual entry was required to be made and a lease executed on the land to sustain the ac tion of ejectment; but now nothing of that kind is necessary. The entry and the lease, as well as the ouster, are fictions, and nothing is required but that the lessor should have the right to enter. A proceeding precisely analogous obtained in the civil law. 1 Ala. 660. 2. In criminal law. Entry is the unlaw ful making one's way into a dwelling or other house, for the purpose of committing a crime therein. In cases of burglary, the least entry with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose of committing a felony, is sufficient to complete the offense. 3 Inst. 64. Without reference to burglary, a breaking into a house or going upon lands with vio lence and circumstances of aggression is termed "forcible entry," and was a breach of the peace at common law. "Forcible entry and detainer" is made an offense by statute in many of the states. 3. In practice. Entry denotes the form al inscription upon the rolls or records of a court of a note or minute of any of the pro ceedings in an action; and it is frequently applied to the filing of a proceeding in writ ing, such as a notice of appeal ance by a de fendant, and, very generally, to the filing of the judgment roll as a record in the office of the court. 4. In commercial law. Entry denotes the act of a merchant, trader, or other busi ness man in recording in his account-books the facts and circumstances of a sale, loan, or other transaction. Also the note or rec ord so made. The books in which such memoranda are first (or originally) inscribed are called " books of original entry," and are prima facie evidence for certain purposes. 5. In revenue law. The entry of im ported goods at the custom house consists in submitting them to the inspection of the rev enue officers, together with a statement or description of such goods, and the original

invoices of the same, for the purpose of esti mating the duties to be paid thereon. 6. Under the provisions of the land laws of the United States, the term "entry" de notes the filing at the land-office, or inscrip tion upon its records, of the documents re quired to found a claim for a homestead or pre-emption right, and as preliminary to the issuing of a patent for the land. 7. In Scotch, law. The term refers to the acknowledgment of the title of the hoir, etc., to be admitted by the superior. ENTRY AD COMMUNEM LEGEM. Entry at common law. The name of a writ of entry which lay for areversionerafter the alienation and death of the particular tenant for life, against him who was in possession of the land. Brown. ENTRY AD TERMINUM QUI PRiETERIIT. The writ of entry ad ter minum qui prateriit lies where a man leases land to another for a term of years, and the tenant holds over his term. And if lands be leased to a man for the term of another's life, and he for whose life the lands are leased dies, and the lessee holds over, then the les sor shall have this writ. Termes de la Ley. ENTRY FOR MARRIAGE IN SPEECH. A writ of entry causa matri monii prceloquuti lies where lands or tene ments are given to a man upon condition that he shall take the donor to be his wife within a certain time, and he does not espouse her within the said term, or espouses anothei woman, or makes himself priest. Termes de la Ley. ENTRY IN CASU CONSIMILI. A writ of entry in casu consimili lies where a tenant for life or by the curtesy aliens in fee. Teimes de la Ley. ENTRY IN THE CASE PROVIDED. A writ of entry in casu proviso lies if a ten ant in dower alien in fee, or for life, or for another's life, living the tenant in dower. Termes de la Ley. ENTRY OF CAUSE FOR TRIAL. In English practice. The proceeding by a plaintiff in an action who had given notice of trial, depositing with the proper officer of the court the nisi prius record, with the panel of jurors annexed, and thus bringing the issue before the court for trial. ENTRY ON THE ROLL. In former times, the parties to an action, personally or

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