KFLCC Kingdom Law 2nd Ed.

429

ENUMERATED

ENTRY

issue roll or nisi prius record consists of the papers delivered to the court, to facilitate the trial of the action, these papers consisting of the pleadings simply, with the notice of trial. Brown. 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. Bissell v. Beckwith, 32 Conn. 517; U. S. v. Orecelius (D. C.) 34 Fed. 30. 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. U. S. v. Legg, 105 Fed. 930, 45 C. C. A. 134; U. S. v. Baker, 24 Fed. Cas. 953; U. S. v. Sei The "entry" of a proposed constitutional amendment or of any other document or transaction in the journal of a house of the legislature con sists in recording it in writing m such jour nal, and (according to most of the authori ties) at length. See Koehler v. Hill, 60 Iowa, 543, 15 N. W. 609; Thomason v. Bug gies, 69 Cal. 465, 11 Pac. 20; Oakland Pa v. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3. 7. In copyright law. Depositing with the register of copyrights the printed title of a book, pamphlet, etc., for the purpose of securing copyright on the same. The old formula for giving notice of copyright was, "Entered according to act of congress," etc. 8. In public land laws. Under the pro visions of the land laws of the United States, the term "entry" denotes the filing at the land-office, or inscription upon its records, of the documents required to found a claim for a homestead or pre-emption right, and as preliminary to the issuing of a patent for the land. Chotard v. Pope, 12 Wheat. 588, 6 L. Ed. 737; Sturr v. Beck, 133 U. S. 541, 10 Sup. Ct. 350, 33 L. Ed. 761; Goddard v. Storch, 57 Kan. 714, 48 Pac. 15; Goodnow v. Wells, 67 Iowa, 654, 25 N. W. 864. — Entryman. One who makes an entry of land under the public land laws of the United States.— Homestead entry. An entry under the United States land laws for the purpose of acquiring title to a portion of the public domain under the homestead laws, consisting of an affidavit of the claimant's right to enter, a formal application for the land, and pavment of the money required. Hastings & D. R. Co. v. Whitney, 132 U. S. 357, 10 Sup. Ct. 112, 33 L. Ed. 363; Dealy v. U. S., 152 U. S. 539, 14 Sup. Ct 630, 38 L. Ed. 545; McCune v. Essig (Q C.) 118 Fed. 277.— Mineral land entry. Filing a claim to hold or purchase lands be longing to the public domain and valuable for denberg (C. C.) 17 Fed. 230. 6. In parliamentary law.

the minerals they contain, implying a prior discovery of ore and the opening of a mine. U. S. v. Four Bottles Sour Mash Whisky (D. C.) 90 Fed. 720.— Pre-emption entry. An entry of public lands for purchase under the pre-emption laws, giving the entryman a pre ferred right to acquire the land by virtue of his occupation and improvement of it. Hart man v. Warren, 76 Fed. 161, 22 C. C. A. 30; McFadden v. Mountain View Min. Co. (C. C.) 87 Fed. 154.— Timber culture entry. An entry of public lands under the various acts of congress opening portions of the public domain to settlement and to the acquisition of title by the settlers on condition of the planting and cultivation of timber trees. Hartman v. War ren, 76 Fed. 160, 22 C. C. A. 30. 9. In Scotch, law. The term refers to the acknowledgment of the title of the heir, etc., to be admitted by the superior. In old English practice. This was a writ made use of in a form of real action brought to recover the possession of lands from one who wrongful ly withheld the same from the demandant. Its object was to regain the possession of lands of which the demandant, or his ancestors, had been unjustly deprived by the tenant of the freehold, or those under whom he claimed, and hence it belonged to the possessory division of real actions. It decided nothing with respect to the right of property, but only restored the demandant to that situation in which he was (or by law ought to have been) before the dis possession committed. 3 Bl. Comm. 180. It was usual to specify in such writs the de gree or degrees within which the writ was brought, and it was said to be "in the per" or "in the per and cui," according as there had been one or two descents or alienations from the original wrongdoer. If more than two such transfers had intervened, the writ was said to be "in the post." See 3 Bl. Comm. 181. —Entry ad commnnem legem. Entry at common law. The name of a writ of entry which lay for a reversioner after the aliena tion and death of the particular tenant for life, against him who was in possession of the land. Brown.— Entry ad terminum qui prseteriit. The writ of entry ad terminum qui prwteriit 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 lessor shall have this writ. Termes de la Ley.— Entry for mar? riage in speech. A writ of entry causa ma trimonii 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 another wo man, 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. Termes de la Ley.— Entry in the case provided. A writ of entry in casu proviso lies if a tenant in dower alien in fee, or for life, or for anoth er's life, living the tenant in dower. Termes de la Ley.— Entry without assent of the chapter. A writ of entry sine assensu capi tult lies where an abbot, prior, or such as hath covent or common seal, aliens lands or tene ments of the right of his church, without the assent of the covent or chapter, and dies. Termes de la Ley. This term is often used in law as equivalent to "mentioned ENTRY, WRIT OF. ENUMERATED.