Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-03-01

Inc Aldermen bill making an appropriation
10 pay Ge fcisncy for trimming and gra Yelling
street from 13th to 10th, was referred to the
Improvements committee.
Inc Aldermen bill for the relief of Wise and
Callahan was passed.
Mr.. Ellis, from the Committee on Fire De-
| partment, reported a bill 10 purchase hose for
the Union Fire Company. Passed
Mr.. N. ID. Larner Introduced a bill for t,le
construction of fire alarm and police telegraph
which, was passed.
/ a fSspecfal order--the bill to pro vide for the
Better security of persons aud property against
violence and crime by more general lighting
OF the streets of Washington and for other
purloses-was postponed until next Monday
night. .,....-.-.-... .. y-... .-....
The Aldermen bin authorizing the Mayor to
anticipate the revenue for the purpose of paw.
ing bountes; and also the bill making further
appropriation for the encouragement of vol.
unteer enlistments, were passed.
Mr. Z. Wilson introduced the following:
Be 1T ReSolred, dc. Thai the committee to re-
present the interests of this Corporation be and
are hereby instructed TO ask Congress to so
amend the charter as to allow the further in
crease of the funded debt to the extent Ct $780,
Coo for The purpose OF encouraging volunteer
enlistments and for other purposes.
Adjourned. u
THE QUESTION OF FoRCtBLE ENTRY AND
DETA1fER.-On Saturday, Judge Wylie made
decision in the second case of Adams agt.
Hoor, which, with the other decisions al
ready published in the Star, will cover all the
questions involved. Adams, it Will be remem-
bered, was elected from two rooms, by Hoor,
whose tenant he was, and subsequently Hoor
was fined tor forcible entry and detalner.
Adams purchased the house subseq uently, aud
on the Both of January. a grand inquest OF
thnty-three Jurors, presided over by Jus stices
Bates and kinsey, assembled on the premises
TO determine W whether restitution OF the proper
~ should not be made TO Adams and the in
cushion was made against Hoor. Roor ap-
piled for writ OF certiordri, directing the JUS
tees To certify record OF thsir proceedings %
the Court. There We're however, two errors
in the record. which the Court adjudged to be
fatal to The proceedings. and so determined ID
sguasb b them.
N. Thompson. Esq, appeared for Adams,
ana MsssrS. Bradley ana w. J. Stone for Hoor
The decision Of Judge Wylie is as follows
This case is before the court on csrtiorari TO
Justices Eates and knSey, and is to be decided
on the face OF the record.
The proceedings before the justices originated
OH tEe written conpiaiot Of Adams that he had
been forcibly ejected from, aud ny force kent
out oI, certain premises III the city of Wasn-
Ington by the said 0baunCey a. floor. The
premises described are two rooms in the house
\ O. 4Jr, en- lots and 4. in square iSS, of which
the complainant AYERS the said Adams a. the
time OF the forclbie entry, was " seized in his
demesne as OF leasehoId and tenant for years'
1he complaint being made, the justices
caused an inquisition to be held to mage m
quiTy as To the force, and the finding of this
Jury Is before us as part OF the record i'll the
case.
No further proceedings were taken by the
justice IL consequence OF the service OF tue
CeTtO9dTi, which had the effect 10 brin the reg,
ord into this court
TIE proceedings in question We're Instituted
under lhe following provisions of the statute
eth, Henry d, ch. o." And moreover, though
th"i such persons making such entry be pres
ent, or else departed before the coming Of the
satA justices or jJsiises nevertheless THO
lusEtcSs or Justice, IN some good town n ext 70
lie teteme4ts so entered, or IN some other CEN
SeIIent place, according to their discretion,
snail nave, or either Of them shall have, au-
thoTIiy and power To inquire by people o. the
same county, well OF them tina; ms Ike such
IorCiOle entries into lands and tenements as o.
them which tae same hold with force; and # il
be found before any OF them that any. doth con-
JTary to the statute, then the said iustices or
justice shall cause the lands and tenements So
entered or holden as aforesaid 10 be reseizei,
and hall put the party SO put out in full pos.
session OF the same lands and tenements, so, a.
atore said entered or holdeR.'
1nasn.uch as the statute declared tha the par-
" put ont by force should be s'resiesed" bV the
justices, the courts decided that the statne did
not apply to estates less than freehold: for that
the terms seisin and disseisin aud reseise Id
be properly used only in reference to tenants
of the freehold.
For enre of this defect the statute q James
!. ch. Is, extended the remedy in favor of
tenants for years. and of other estates less than
freehold therein enumerated. not, however
including tenants at will. or suferance
The object OF these statutes was to furnish
means whereby person who had been forcibly
put out OF possession OF lands or tenemantf,
unlaWfully and by force kept out, might OBJ
tain speedy aud complete remedy, by ressi-
tuition OF the possess ion OF which he had been
deprived by force.
But as the remedy provided was statuary
and summary, and the jurisdiction of iustiees
OF the peace special and limited, the courts
have held, from the beginning, that the drec-
tions of the statutes must be strictly folio we'd
The record in this case discloses several
errors which are fatal TO the proceedings
The first Is that both the complaint and the
finding OF the inquest aver that at the time of
the alleged forCibie entry, the said uAdaras
was seized III his demesne as OF leasehoId aud
tenant for years. :" aud The latter declares that
the said Hoor ''did disseise and expei'' with
strong hand the SAID Adams from the premises
so held.
This is an incurable repugnancv; for Adams
had claimed ard the jury had found only a
leasehoid for years in Adams, and of that there
could he no disseiSin. See Hawk p g. ch
2S, sect. 30, and authorities cited.
I'd. The record does not show that all the
members OF tie inquest We're sworn. The
inqnisition, it is true, is signed by the whole
twenty three but in the body OF the inquisitIon
it appears that only TWEEN ~ two of them were
sworh. This is also G fatal defect Besides, 1t
ought 10 have been shown by certificate of
the justices themselves that the oath had been
administered 10 the inc uest, aud that fact should
not have been left to be certified by the inquest
themselves
defendant was called, or had notice of the find
ihg OF the inquest, that he might have the
opportunity to tender his traverse, if he thought
proper. In Queen VS.. Winter, Gro lac :I5I
Holt, &. J., said, that if the party against
whom the inqulsition was found would traverse
the force, that was always a reason to stay
SAcSuhON, ouu LliStt IL D6e1 Leid q
sedeas TO the awarding it, and ell inauisitions
OF ofhee are, OF common right traversable Aud
it, III case OF an inquistion OF forcibIy entry
taken before justice of the peace, the defendant
tenders bis traverse immediately, the justice
must adjourn to another day, and award pro- 1
cess TO return jury thereof. La Sir Richard
Bray's case an inquisition found forclble
entry, ard the defendant offered Immediately,
before the justice, TO traverse the force The
Justice refused the traverse and granted resti-
ticn"
In the present case the inquisition rendered
their finding the 1st OF February, and the
certiorari was not served till the Ith.
All the authorities say that if the defendant
ba not present at the time of the finding, he
must be called, that he may be afforded an
opportunity TO traverse their findings.
The record IN this case does not show whether
the defendant was orwas not present when the 1
finding was rendered, nor whether he Was
called. This also is.a fatal defect tI8H
Having thus disposed of the several zques.
items arising on the record in this case, pro-
eetd 10 state the impressions OF the court en-
one or I wo points connected with proceedin s
of this character, which may be Of use in other
49, ftaxsF=