ENT 



ENV 



tinual claim, by law considered equiva- 

 lent to entry. A right of entry is when 

 a party may have his remedy, either by 

 entering 1 into the lands, or by action to 

 recover it. A title of entry is where one 

 has a lawful entry in the land which ano- 

 ther has, but has no action to recover it 

 till he has entered. 



Entry is a summary remedy against 

 certain species of injury by ouster, or 

 putting 1 out of possession of lands; when 

 the party must rmke a formal but peace- 

 able entry, declaring that he takes pos- 

 session ; or may enter upon any part in 

 the same county in the name of the 

 whole ; and if he cannot go upon the 

 land for bodily fear, he may make a 

 claim as near the estate as he can, which 

 must be repeated once within every 

 year and clay, and is culled continual 

 claim. This remedy is admitted only 

 where the adverse possession originally 

 commenced by wrong, as in the in- 

 stances technically called abatement, in- 

 trusion, or disseisin. On a discontinuance 

 or deforcement, the party is put to his 

 action. Even in the former cases, when 

 the original wrongful possessor dies, and 

 the land comes to his heir, the right of 

 entry is tolled, i. e. taken away by the 

 descent. If the claimant was under dis- 

 ability, from age, coverture, 8tc. the en- 

 try is not tolled by descent ; nor in case 

 of an actual disseisin, unless the disseisor 

 was in peaceable possession for five 

 years. Stat. 32 Henry VIII. c. 33. En- 

 try must be made within 20 years after 

 the claimant's right shall accrue, 21 Jac. 



I. c. 16 ; and by 4 and 5 Anne, c. 16, no 

 entry shall avail to save this statute, un- 

 less an action is commenced and prose- 

 cuted with effect upon it within one 

 year after ; and, finally, by stat. 5 Ric. 



II. st. 1. c. 8j entry must be pursued in a 

 peaceable manner ; for if one turns or 

 keeps another out of possession forcibly, 

 it is not only the subject of a civil reme- 

 dy, but of a fine and punishment for a 

 misdemeanor. 



E N i RI , the writ of, is a possessory re- 

 medy, which disproves the title of the 

 tenant or possessor, by shewing the un- 

 lawful rrnans by which he entered or 

 continues in possession. It was former- 

 ly an usual mode of recovering lands, 

 but is now disused for the more conve- 

 nient action of ejectment, and is never 

 brought when that remedy can be used. 

 There is much nice technical learning 

 concerning it, which it would be vain to 

 attempt to a'-s ridge in a popular work. 

 It derives different denominations from 



the different cases to which the writ ia 

 applied, and those are generally derived 

 from the terms in which it states the 

 wrongful entry to have been made, or 

 sets out the different degrees of descent, 

 through which the lands have passed in 

 the possession of the wrongful tenants. 

 After a certain degree of descents, these 

 are no longer noticed in the writ. The 

 writ against the immediate wrong doer 

 is called a writ of entry in nature of as- 

 size : that upon one descent, an entry 

 sur disseisin in the per,- and upon an en- 

 try where the first disseisor has enfeoffed 

 another, and he a third, it is an entry 

 sur disseisin in le per et eni. An entry in 

 le post states only that the tenant hath 

 not entry but after (post) the disseisin of 

 A. B. which is allowed in cases beyond 

 the foregoing degrees. There are other 

 writs adapted to particular cases, which 

 we shall only mention by name, and re- 

 fer to the larger dictionaries of the law 

 for their precise meaning : such are 



EXTHY ad commwiem legem, for the re- 

 versioner of tenants in dower by cour- 

 tesy for life, &c. 



ENTRY ad terminurn qui protteriit, a writ 

 for the reversioner, after the end of a 

 term or estate for life, against a stranger 

 in possession. 



ENTRY in casu consimili. 



ENTRY in casu proviso. 



EVTIIY causa matrimonii prcelocuti. 



Several points of law occur, as to the 

 effect of an entry in the case of joint 

 tenancy and coparcenary ; of entry by 

 the heir ; of entry to divest an estate ; 

 to take advantage of a condition which 

 cannot be investigated here; but in ge- 

 neral it may be observed, that a bare en- 

 try, without expulsion, makes only a 

 seisin ; so that the law thereupon ad- 

 judges him in possession who has the 

 right. 



ENVELOPE, in fortification, a work 

 of earth, sometimes in form of a simple 

 parapet, and at others like a small ram- 

 part with a parapet : it is raised some- 

 times on the ditch, and sometimes be* 

 yond it. 



EXVOY, a person deputed to nego- 

 tiate some ,-ffair with any foreign prince 

 or state. Those sent from the courts of 

 France, Britain, Spain, &c. to am petty 

 prince or state, such as the princes of 

 Germany, the republics of Venice, Ge- 

 noa, &c. go in quality of envoys, not 

 ambassadors, and such a character only 

 do those persons bear, who go from any 

 of 'he principal courts of Europe to 

 another, when the affair they go upon is 





