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Bouvier's Law Dictionary, Revised 6th Edition (1856)

ENTRY. criminal law. The unlawful breaking into a house, in order to commit
a crime. In cases of burglary, the least entry with the whole or any part of
the body, hand, or foot, or with any instrument or weapon, introduced for
the purpose of committing a felony, is sufficient to complete the offence. 3
Inst. 64.


ENTRY, estates, rights. The taking possession of lands by the legal owner.
2. A person having a right of possession may assert it by a peaceable
entry, and being in possession may retain it, and plead that it is his soil
and freehold; and this will not break in upon any rule of law respecting the
mode of obtaining the possession of lands. 3 Term Rep. B. R. 295. When
another person has taken possession of lands or tenements, and the owner
peaceably makes an entry thereon, and declares that be thereby takes
possession of the same, he shall, by this notorious act of ownership, which
is equal to a feodal investiture, be restored to his original right. 3 Bl.
Com. 174.
3. A right of entry is not assignable at common law. Co. Litt. 214 a.
As to the law on this subject in the United States, vide Buying of titles; 4
Kent, Com. 439 2 Hill. Ab. c. 33, Sec. 42 to 52; also, article ReEntry; Bac.
Ab. Descent, G; 8 Vin. Ab. 441.
4. In another sense, entry signifies the going upon another man's lands
or his tenements. An entry in this sense may be justifiably made on
another's land or house, first, when the law confers an authority; and
secondly, when the party has authority in fact.
5. First, 1. An officer may enter the close of one against whose person
or property he is charged with the execution of a writ. In a civil case, the
officer cannot open (even by unlatching) the outer inlet to a house, as a
door or window opening into the street 18 Edw. IV., Easter, 19, pl. 4;
Moore, pl. 917, p. 668 Cooke's case, Wm. Jones, 429; although it has been
closed for the purpose of excluding him. Cowp. 1. But in a criminal case, a
constable may break open an outer door to arrest one within suspected of
felony. 13 Edw. IV., Easter, 4, p. 9. If the outer door or window be open,
he may enter through it to execute a civil writ; Palin. 52; 5 Rep. 91; and,
having entered, he may, in every case, if necessary, break open an inner
door. 1 Brownl. 50.
6.-2. The lord may enter to distrain, and go into the house for that
purpose, the outer door being open. 5 Rep. 91.
7.-3. The proprietors of goods or chattels may enter the land of
another upon which they are placed, and remove them, provided they are there
without his default; as where his tree has blown down into the adjoining
close by the wind, or his fruit has fallen from a branch which overhung it.
20 Vin. Abr. 418.
8.-4. If one man is bound to repair bridge, he has a right of entry
given him by law for that purpose. Moore, 889.
9.-5. A creditor has a right to enter the close of his debtor to
demand the duty owing, though it is not to be rendered there. Cro. Eliz.
876.
10.-6. If trees are excepted out of a demise, the lessor has the right
of entering, to prune or fell them. Cro. Eliz. 17; 11. Rep. 53.
11.-7. Every traveller has, by law, the privilege of entering a common
inn, at all seasonable times, provided the host has sufficient
accommodation, which, if he has not, it is for him to declare.
12.- 8. Ever man may throw down a public nuisance, and a private one may
be thrown down by the party grieved, and this before an prejudice happens,
but only from the probability that it may happen. 5 Rep, 102 and see 1
Brownl. 212; 12 Mod. 510 Wm. Jones, 221; 1 Str. 683. To this end, the abator
has authority to enter the close in which it stands. See Nuisance.
13.-9. An entry may be made on the land of another, to exercise or
enjoy therein an incorporeal right or hereditament to which he is entitled.
Hamm. N. P. 172. See general Bouv. Inst. Index, h.t.; 2 Greenl. Ev. Sec.
627; License.


ENTRY, commercial law. The act of setting down the particulars of a sale, or
other transaction, in a merchant's or tradesman's account books; such
entries are, in general, prima facie evidence of the sale and delivery, and
of work, done; but unless the entry be the original one, it is not evidence.
Vide Original entry.


ENTRY, WRIT OF. The name of a writ issued for the purpose of obtaining
possession of land from one who has entered unlawfully, and continues in
possession. This is a mere possessor action, and does not decide the right
of property.
2. The writs of entry were commonly brought, where the tenant or
possessor of the land entered lawfully; that is, without fraud or force; 13
Edw. I. c. 25; although sometimes they were founded upon an entry made by
wrong. The forms of these writs are very various, and are adapted to the,
title and estate of the demandant. Booth enumerates and particularly
discusses twelve varieties. Real Actions, pp. 175-200. In general they
contain an averment of the manner in which the defendant entered. At the
common law these actions could be brought only in the degrees, but the
Statute of Marlbridge, c. 30; Rob. Dig. 147, cited as c. 29; gave a writ
adapted to cases beyond the degrees, called a writ of entry in the post.
Booth, 172, 173. The denomination of these writs by degrees, is derived from
the circumstance that estates are supposed by the law to pass by degrees
from one person to another, either by descent or purchase. Similar to this
idea, or rather corresponding with it, are the gradations of consanguinity,
indicated by the very common term pedigree. But in reference to the writs of
entry, the degrees recognized were only two, and the writs were quaintly
termed writs in the per, and writs in the per and cui. Examples of these
writs are given in Booth on R. A. pp. 173, 174. The writ in the, per runs
thus: "Command A, that be render unto B, one messuage, &c., into which he
has not entry except (per) by &c. The writ in the per and cui contains
another gradation in the transmission of the estate, and read thus: Command
A, that he render, &c., one messuage, into which he hath not entry but (per)
by C, (cui) to whom the aforesaid B demised it for a term of years, now
expired," &c. 2 Institute, 153; Co. Litt. b, 239, a. Booth, however, makes
three degrees, by accounting the estate in the per, the second degree. The
difference is not substantial. If the estate had passed further, either by
descent or conveyance, it was said to be out of the degrees, and to such
cases the writ of entry on the. statute of Marlbridge, only, was applicable.
3 Bl. Com. 181, 182; Report of Com. to Revise Civil Code of Penna. January
15, 1835, p. 85. Vide Writ of entry.