The Provincial Justice Or Magistrates Manual Being a Complete Digest of the C
The Provincial Justice Or Magistrates Manual Being a Complete Digest of the C
W C William Conway Keele
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A single person may commit a forcible entry as well as a num- ber of persons. — 1 Haw. C. 64, 8, 12, 20. A forcibly entry is made with a strong hand, with unusual weapons ; an unusual number of servants or attendants ; or with menace of life or limb ; or by breaking open the doors of a house, whether any person be in it at the time or not ; and though a man enter peaceably, yet if he turn the party out of pos- session by threats, or violence, this also amounts to a forcible entry. — Haw. C. 64,... § 25. But merely drawing a latch, and entering a house ; or opening the window or door with a key ; or entering by an open window, do not constitute a forcible entry. — Ibid. What is a Forcible Detainer. A forcible detainer, is where a person who enters peace- ably, though unlawfully, detains possession by force ; and the same circumstances of violence or terror which makes an entry forcible, will also constitute a forcible detainer. 41 322 iFottltile ISutrs
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