Award. Former procedure under C. L. P. Act, 1854, s. 16. (c) of encroachments on lands to be enclosed, under 15 & 16 Vict. c. 79, s. 13; post, chap. 24, p. 286; (d) of lands vested in the secretary of state for war, under 22 Vict. c. 12; post, chap. 24, p. 286; (e) of parish or union houses or lands, under 59 Geo. 3, c. 12, ss. 24, 25, and 5 & 6 Will. 4, c. 69, s. 5; post, chap. 16, p. 180. (f) of school and other buildings belonging to charities from officers or recipients, under 23 & 24 Vict. c. 136, s. 13; post, chap. 24, p. 286. VII. After a forcible entry, or detainer, or an unlawful entry and forcible detainer, by indictment or inquisition before justices and a jury; post, chap. 4, pp. 21-24. VIII. Under an arbitration and award. Formerly the procedure for recovering possession under an award was regulated by the Common Law Procedure Act, 1854 (a). Under that act, where an award was made on any submission directing that possession of any lands or tenements capable of being the subject of an action of ejectment should be delivered to any party, or that any such party was entitled to the possession thereof, and the submission was or was not made a rule of court (b), the court might order any party in possession or any person claiming through or under him by title subsequent to the date of the submission, to deliver possession to the party entitled thereto under the award. This order had the effect of a judgment in ejectment, and might be enforced in the same way. (a) 17 & 18 Vict. c. 125, s. 16. (b) Davey v. Railway Assurance Co., 49 L. J. Ch. 568. cedure under ss. 1-12. These provisions are now repealed by the Arbitration Present proAct, 1889 (c), which provides (d) that "a submission, Arbitration unless a contrary intention is expressed therein, shall be Act, 1889, irrevocable, except by leave of the court or a judge," and shall have the same effect in all respects as if it had been 'made an order of court; and an award on a submission may, by leave of the court or judge, be enforced in the same manner as a judgment or order to the same effect (f). If after an award the successful party brings an action of ejectment, the award precludes the other party from disputing his title (g). IX. The crown may recover possession of lands by an in- Information formation of intrusion exhibited by the attorney-general (h). of intrusion. The crown had not the right of its prerogative to lay the venue in any county it chose, or to have the hearing in a different county from that in which the venue was laid (i); now local venues are abolished altogether except where it is otherwise provided by statute (k). dant must plead. The defendant to an information of intrusion cannot What defenplead the general issue, but must specially plead his own title, unless the crown has been out of possession for more than twenty years, and then the onus is on the crown to prove its title (). A grantee or lessee of the crown may recover possession Grantee from by action of ejectment (m). Crown. X. An action for recovery of land cannot be maintained Petition of against the crown or any of its immediate officers or right. servants in possession on its behalf, and any such proceedings will be stayed upon a summary application by the attorney-general (n). The remedy is by petition of right (0). (n) Doe v. Roe, 8 M. & W. 579. (0) Sadlers' case, 4 Co. Rep. 55 a; Ad. Eject. p. 16. CHAPTER III. ENTRY. ANY person who has a right to the immediate posses- Entry. sion of land may proceed to recover such possession by means of any one of the remedies enumerated in the preceding chapter which may be applicable to his case. He may either take legal proceedings, or he may enter upon the land and take actual possession thereof. Even if he After legal has taken legal proceedings and obtained judgment for proceedings. possession, he is not precluded from entering and taking actual possession; and this is so although the judgment is for possession after a certain time which has not expired (p). agent. He may either enter himself (q), or he may for this Entry by purpose employ any person as his agent (r). The authority of an agent need not be given in any formal manner (8), except that a corporation aggregate cannot authorise an entry for condition broken otherwise than by deed (t). He may subsequently ratify and adopt an entry made on his behalf by a stranger (s). A demise may be made to a tenant, who may then enter (u). (p) Jones v. Foley, [1891] 1 Q. B. 730. (a) Taylor v. Cole, 3 T. R. 292; Davis v. Burrell, 10 C. B. 821; Wildbor v. Rainforth, 8 B. & C. 4; Turner v. Meymott, 1 Bing. 158; Wright v. Burroughes, 3 C. B. 685; Taunton v. Costar, 7 T. R. 431; Lows v. Telford, 1 App. Cas. 414. (r) Butcher v. Butcher, 7 B. & C. 399; Hey v. Moorhouse, 6 B. N. C. 52; Jones v. Chapman, 2 Exch. 803; Jones v. Foley, [1891] 1 Q. B. 730. (s) Fitchet v. Adams, 2 Strange, (t) 1 Rolle Abr. 514. 724. Mode of entry. Effect of entry. Ousting occupiers. A lawful entry upon any part of the property in the name of the whole enures as an entry into every part (x), unless the land be in different counties, when a separate entry must be made in each county (y). If there be two or more disseisors, as their seisin is distinct, so also must be the act which divests that seisin (2). The person entering need only do some act upon the premises showing his intention to take possession (a). Where a person having a right of entry has entered, and has become peaceably and lawfully possessed, he becomes possessed of such an estate as was vested in him before and at the time of his entry (b). A surrenderor of copyholds, or a lessor, who enters for conditions broken is entitled to possession free from the surrender or the lease (c). When a person has so entered and become possessed, he may turn out all previous occupiers, or other persons, as trespassers, using no more force than is necessary (d); or may bring an action of trespass against them (e). If, however, his entry is made under such circumstances as to be a forcible entry (f), he is liable in damages for any independent wrong or injury done to the occupier or other person, such as an assault or injury to property (g); but he is not (c) Litt. s. 417; Cotton's case, (y) Co. Lit. 252 b. (a) Butcher v. Butcher, 7 B. & (b) Spotswood v. Barrow, 5 (c) Simonds v. Lawnd, Cro. Eliz. 239. (d) Wright v. Burroughes, 3 C. B. 685; Harvey v. Brydges, 14 M. & W. 437; Browne v. Dawson, 12 A. & E. 624; Hey v. Moorhouse, 6 B. N. C. 52; Blades v. Higgs, 30 L. J. C. P. 347; Scott v. Brown, 51 L. T. 746. (e) Butcher v. Butcher, 7 B. & C. 399; Hey v. Moorhouse, 6 B. N. C. 52. (f) Jones v. Foley, [1891] 1 Q. B. 730. See Chap. 4. (g) Beddall v. Maitland, 17 Ch. D. 174; Edwick v. Hawkes, |