Page:Halsbury Laws of England v1 1907.pdf/264

 ;

Action.

42 Sect.

1.

Old Forms of Action.

for their detention, and may therefore be regarded as founded both on contract and tort. Originally detinue only lay against a bailee of goods himself, but the rule was soon relaxed so as to enable the bailor to sue the executors of the bailee under the allegation of devenerunt ad maims. The liability was again extended so as to include third parties who had obtained the goods from the original bailee and, by the time of Henry YI., it had become unnecessary to show that there was By a legal fiction the action was thus any bailment at all. extended to purchases and other cases where the defendant refused to give up to the plaintiff goods which, though in the possession of the defendant, were the property of the plaintiff, a bailment by the plaintiff to the defendant being alleged, which the plaintiff was not required to prove, and the defendant was not allowed to

damages



traverse Forcible entry.

Injunction.

Qi).

69. An action for forcible entry ii) could be maintained under the Statute of Northampton (A;), by which, if a man entered with force and detained with force any land or tenements, the aggrieved party might have his action. The statute prohibited entry on land except where both lawful and effected without force; and, though it did not expressly give a right of action, actions for forcible entry against the terms of the statute are said to have been frequent (1). Under a statute of Henry VI. {m) the forcible detaining of lands on which the entry had been peaceable was prohibited where the person who had entered had been less than three years in possession, and a right of action to a person disseised in this manner was given either by assize of novel disseisin or by writ of trespass further, if it was found at the trial that there had been forcible entry, or forcible detention after peaceable entry, the person aggrieved could recover treble damages.

70. An action of injunction («) was introduced by the Common Procedure Act, 1854 (o), which empowered a plaintiff to claim

Law

an injunction in his writ and declaration. Injunctions are now regulated by the provisions of the Judicature Acts and the Eules of the Supreme Court (jj). Mandamus.

An action of mandamus was also introduced by the Common Procedure Act, 1854 {q), which enacted that the plaintiff in any action, except one founded on replevin or ejectment, might indorse on his writ of summons his intention to claim a writ of mandamus, and might in his declaration claim a mandamus, with or without 71.

Law

Whitehead Y. Harrison (1844), 6 Q. B.'423; Oledstane v. Hewitt (1831), 1 J. 565 Walker v. Jones (1834), 2 Cr. & M. 672 Armory v. Belamirie In other words, the defendant was not permitted to set up a (1722), 1 Str. 504. {h)

Cro.

&





t€7*tll

Fitz. Nat. Brev. 248, 249. 2 Edw. 3, c. 3. See also statute 15 Eich. 2, c. 2. (l) Fitz. Nat. Brev. 248. 10 Co. Eep. 75 b (note (f) ). (m) 8 Hen. 6, c. 9. (n) Injunction had previously been an exclusivel}^ equitable (o) 17 & 18 Yict. c. 125, ss. 79—82.

(?:)

(k)

(p) See title Injunction. (q) 17 & 18 Yict. c. 125, ss.

68—77.

remedv.