Entry

In Common 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. See Short Entry; Single Entry. In Revenue Law. The submitting to the inspection of officers appointed by law, to collect customs, goods imported into the United States, together with a statement or description of such goods, and the original invoices of the same, for the purpose of estiused in two senses. In many of the acts it refers to the bill of entry, — the paper or declaration which the merchant or importer in the first instance hands to the entry clerk. In other statutes it is used to denote, not a document, but a transaction; a series of acts which are necessary to the end to be accomplished, viz. the entering of the goods; U. S. v. Cargo of Sugar, 3 Sawy. 46, Fed. Cas. No. 14,722. In Criminal Law. The act of entering a dwelling-house, or other building, in order to commit a crime.

See Burglary.

Upon Real Estate

The act of going upon the lands of another, or lands claimed as one's own, with intent to take possession.

See Guion v. Anderson, 8 Humph. (Tenn.) 306.

In general, any person who has a right of possession may assert it by a peaceable enti Ti without the formality of a legal action, and, being so in possession, may retain it, and plead that it is his soil and freehold; 3 Term 295. A notorious act of ownership of this kind was always equivalent to a feodal investiture by the lord, and is now allowed in all cases where the original entry of a wrong-doer was unlawful. But, in all cases where the first entry was lawful and an apparent right of possession was thereby gained, the owner of the estate cannot thus enter, but is driven to his action at law; 3 Bla. Com. 175. See Re-Entry; Forcible Entry. At common law, no person could make a valid sale of land unless he had lawfully entered, and could make livery of seisin, — that is, could make an actual delivery of possession to the purchaser. This provision was early incorporated into the English statutes, to guard against the many evils produced by selling pretended titles to land. A pretended title within the purview of the law is where one person claims land of which another is in possession holding adversely to the claim; 1 Plowd. 88 a; Littleton § 347; Livingston v. Iron Co., 9 Wend. (N. Y.) 511. And now in most of the states, every grant of land, except as a release, is void as an act of maintenance, if, at the time it is made, the lands are in the actual possession of another person claiming under a title adverse to that of the grantor; 4 Kent 446; Williams v. Jackson, 5 Johns. (N. Y.) 489; Wolcot v. Knight, 6 Mass. 418; Cornwell v. Clement, 87 Hun 50, 33 N. Y. Supp. 866; Sneed v. Hope (Ky.) 30 S. W. 20; contra, Hadduck v. Wilmarth, 5 N. H. 181, 20 Am. Dec. 570; Stoever v. Whitman's Lessee, 6 Binn. (Pa.) 420; Matthews v. Hevner, 2 App. Cas. D. C. 349. See Champerty; Buying Titles. In a more limited sense, an entry signifies the simply going upon another person's premises for some particular purpose. The right to land is exclusive, and every unwarranted entry thereon without the owner's leave, by law, is a trespass; Adams v. Freeman, 12 Johns. (N. Y.) 408, 7 Am. Dee. 327; Wells v. Howell, 19 Johns. (N. I.) 385. But the owner's license will sometimes Lie presumed, and then will continue In force until it is actually revoked by the owner; Dexter v. Hazen, 10 Johns. (N. T.)'246; Willes 195; TayL L. & T. 766. See License. Authority to enter upon lauds is given by law in many eases. See Abbest. The proprietor of chattels may under some circumstances 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; 2 GreenL Ev. § 627. A landlord also may enter, to distrain or to demand rent, to see whether waste has been committed, or repairs made, and may go into the house for either purpose, provided the outer door be open; Cro. Eliz. S7G; 2 Greenl.

Ev. § 627.

So, if he is bouud to repair, he has a right of entry given him by law for that purpose; Moore 889. Or if trees are excepted out of a demise, the lessee has a right of entering to prune or fell them; 11 Co. 53; Tayl. L. & T. § 767. A tenant becomes a trespasser after the expiration of his term, though his holding is in good faith under color of a reasonable claim of right; and the landlord may forcibly enter thereon and eject him without legal process; Freeman v. Wilson, 16 R. I. 524, 17 Atl. 921; Allen v. Keily, 17 R. I. 731, 24 Atl. 776, 16 L. R. A. 798, 33 Am. St. Rep. 905. So any man may throw down a public nuisance; and a private one may be thrown down by the party grieved, and this before any prejudice happens, but only from the probability that it may happen; Webb, Poll. Torts 513; 5 Co. 102.

And see 1 Brownl. 212; 12 Mod. 510; W. Jones 221; 1 Stra. 683; Kiefer v. Carrier, 53 Wis. 404, 10 N. W. 562.

To this end, the abator has authority to enter the close in which it stands. See Nuisance. In Practice. The placing on record the various proceedings in an action, in technical* language and order. The extreme strictness of the old practice is somewhat relaxed, but the term entry is still used in this connection. "Books of Entries" were formerly much relied on, containing forms or precedents of the proceedings in various actions as they appear on record. In the law books the words entry and entered are frequently used as synonymous with recorded; Lent v. Ry. Co., 130 N. Y. 504, 29 N. E. 9SS.

See Blatchford v. Newberry, 100 111. 4S4; Mc Laughlin v. Doherty, 54 Cal. 519.

For entry of public lands, see Pre-emption Rigiit. For the terms entry of judgment, I ENTRY AD C0MMUNEM LEGEM. A writ which lay in favor of the reversioner, when the tenant for term of life, tenant for term of another's life, tenant by the curt' I tenant in dower had aliened and died, lin, Law Diet Long obsolete, and abolished in 183a