Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-01-07

to abide, convict by the record OF the same Jus.
tees or Justice, until they have made fine and
ransom to the King; and that all the people Of
county. as well the sheriffs as others, shall be
attendant upon the same Justices to go aud as
sist the same Justices to arrest such offenders,
upon pain OF Imprisonment and to make fine to
the King"
In Chitty, Vol. H., oh. ", Sec aa5, the sub.
ject of forcible entries Is thus treated:
"under this act, and according to the pres
emit laws, If the justice, when at the premises,
force, he cannot proceed; and supposing tina, the
parties have been guilty of a pre- vious forci Die
entry, but the continuance OF force has ceased,
1t should seem they can only be punished by
indictment at the sessions or assizes, or a jury
must be empannelled to try the forcible entry,
under the s. Hen. q. c. 9. s. 3. This may be
recellec'ed from the terms OF the ast Is Ric.
2, CO, and from the authorities which state
that ''if such offenders, being in the house at
the coming OF the justice, shall make ne re-
sistance, nor make show OF any force. then the
justice himself cannot arrest or even remore
them at all upon such VIEW though if the
force be found after wards by the inqniry Of the
jury, under the 8. Hen 6. O. S. 3, then the JUS
tice may bind the offenders to the peace, and II
they be gone, he may make his warrant to take
them and may after send them to the gaol un-
til they have found suretfes for the peace. But
this power OF committing party upon a SUBJ
seQuent finding, and other wise than upon the
Justices own view, seems questionable. II
upon the Justices arriving at the premises the
doors be shut, and those within the house
should deny the justice to enter, he may order
an outer door to be broken open in his pres
epce. and may enter to remove tho force; aud
II after such entry has been made, the justice
shah find such force, he shall cause the Of
tenders to be arrested, and shall also take
away their weapons, 1t Is said also their ar
NOR, and cause them to be appraised, and after
to be answered to the king as forfeited, or the
II the justice himself should have actual
rie,r OF the force continued In his presence, then
he is to draw mp within a reasonable time his
record, and Ak fine separately upon such Of
fender, and issue q warrant OF commitment
unless such fine be paid; unless the defend ant
traverse the force, in which case q Jury is to
be impannelled, and who must find the same
orlginaI forcibIa entry, and the JUSTICES view
OF Its continuance. If the defendant traverse
the force, then until the jury have found their
verdict confirming the finding of the Justice,
ne is not TO restore possession. And before the
jury, the party claiming restoration OF posses
sion would not be a competent Witness
with this law as the foundation OF the action
OF me magistrates OF this District, under the
operation OF q custom, the beginning and au tho.
rity Tor which is not fully explained to the
court, we find that this process for the conser.
valon OF the peace, has been rendered as q
process Tor the determination of the title Of con-
hienng parties to tenancy. ....rs..
while the Court cannotrender this dep arture
from authority in judgment against existing
magistrates, with view OF determining their
accountability for faithfully discharging their
duties by reason Of the long contin nance OF this
departure from the law, they take this occasion
to republish the law. The process is not
parties to a tenancy, and ought not to be per-
yerted to that use. 1t is a remedy for the pre-
servation OF the peace, and that alone.
The magistrates will be held to the recogni.
ton of the law as interpreted by this Court.
The relation Is discharged.
PLEASANT CHRISTENING AFFAIR."
MessTs. Philip & Solomon have recently been
fitting up first. class Photographic establish
ment over their book store, 332 Pennsylvania
avenue, and last night their beautiful saloons
were christened very appropriately through an
entertainment given in them by Messrs. P Il
S, which brought together most OF the literary,
newspaper, and artist folk afloat in Washing
Alter due admiration had been given to the
handsome rooms, the party were in vited to an
upper apartment, where an appetizing supper
was spread.
After this had been adequately sampled and
pronounced by all to be in a scon catenation
accordin" with the fine display below stairs,
mere was some capital speech. making by va
Iious OF the guests, in which Messrs. Philip &
SoIomons were duly complimented for their
enterprise and coed taste.
Eieolay and Hay, private secretaries to the
President, and Mr.. Fred S. Coxzens, ("M MIR.
were among those present.
foLlCE NEUTRALITY-SUSPICIOUS. Precfnct-George
Myers, Geo. Craiger, drunk and disorderly:
Chas. johnson, w. Wallace, rioting
and fighting; bail for court James King,
chris. kenney, Chas. johnson, driving OF pave
Third Preeinst.-Wm. Nokes, selling liquor
to soldiers; military. J. Wardell, attempt at
rape; dismissed. Thos. Walk, disorderly; do.
John Martin, do; $3.50. Pat Hagsrty, do;
S2.44. Hogh Morgan do; S1.44. Catharine
Haserty; do; s244. Alex. Gibbs, pauper, and
Elizabeth Thomas, yagrant; workhouse.
cenyi bail for court. Benz. Williams, do; do
SiIh Precinct-Jno. Sim pson, disorderly
81. M. Nash, do and drunk; 81. John Nc.
Cormick do; 60 Henry Farrell, drunk; mill
tary.
Tenth Paeeinet-Jeremiah Began, drunk and
dis orderly; SO. Jno Wallace, disorderly; q.
Cornelinus Cayne, drunk; dismissed. Jas G..
Weaver, workhouse. Jno. Quinn, threats;
bail for peace. Nathan Slater, disorderly; IS.
Jas. Corcoran, drunk; dismissed. Mary Rob-
inson, leading lewd and lascivious life;
woIkhouse. Annie Maginley, drunk and dis
orderly; do.
FATAL AocIDKsr.-Yesterday, Mr.. Samson
Jenkins and his son-in- law, Louis Thomas,
were out cunning about two miles beyond
In their route they came upon
a wild turkey-and as Mr.. Thomas was about
ra. sing his gun to shoot the charge accidentally
exploded and the shot entered Mr.. jenkins
breast. He was taken to his house. near Ten.
allytown. and died last night Mr.. Jenkins
leaves large family to deplore his loss. Mr..
Jenkins had but lately moved to his late resi-
dence near Tenallytown, and invited hts SON.
'n.law to go on with him on this hunting ex-
pr dit or, which has resulted in his death. Mr.
Thomas is greatly distressed.
DIFFICULTY OBvIATRD Last Monday night
Mr.. w. O. Magee was elected police magistrate
by the Georgetown Councils, and he not being
a Justice of the Deacp. WAS not ouali fed tn AFT