Entry On The Roll

In former times, the parties to an action, personally or by their counsel, used to appear in open court, and make their mutual statements viva voce, instead of, as at the present day, delivering their mutual pleadings, until they arrived at the issue or precise point in dispute between them\ During the progress of this oral statement, a minute of the various proceedings was made on parchment by an officer of the court appointed for that purpose. The parchment then became the record; in other words, the official history of the suit. Long after the practice of oral pleading had fallen into disuse, it continued necessary to enter the proceedings in like manner upon the parchment roll, and this was called "entry on the roll," or making up the "issue roll." But by a rule of H. T. 4 Wm. IV., the practice of making up the issue roll was abolished, and it was only necessary to make up the issue in the form prescribed for the purpose by a rule of H. T. 1853, and to deliver the same to the court and to -the opposite party. The issue which was delivered to the court was called the "nisi prius record;" and that was regarded as the official history of the suit, in like manner as the issue roll formerly was. Under the present practice, the issue roll or nisi prius record consists of the papers delivered to the court, to facilitate the trial of the action, these papers consisting of the pleadings simply, with the notice of trial. Brovm. ENTRY WITHOUT ASSENT OF THE chapter. A writ of entry sine assensu capituli lies where an abbot, prior, or such as has covent or common seal, aliens lands of the church without the assent of the chapter, and then dies. Termes de la Ley. sion of lands from one who wrongfully withholds possession thereof. In general, the writ of entry is the universal remedjr to recover possession when wrongfully withheld from the owner.

3 Bl. Comm. 183.

Such writs were said to be in the quibus, where the suit was brought against the party who committed the wrong; in the per, where the tenant against whom the • action was brought was either heir or grantee of the original wrongdoer* in the per and cui, where _ there had been two descents, two alienations, or a descent and an alienation; in the post, where the wrong was removed beyond the degrees mentioned. The above designations are derived from significant Latin words in the respective forms adapted to the cases given. The writ was of many varieties, also, according to the character of the title of the claimant and the circumstances of the deprivation of possession. Booth enumerates and discusses twelve of these, of which some are sur disseisin, sur intrusion, ad communem legem, ad terminum qui preterit, cui ' in vita, cui ante divortium, etc. Either of these might, of course, be brought in any of the four degrees, as the circumstances of the ease required. The use of writs of entry has been long since abolished in England; but they are still in use in a modified form in some of the United States, as the common means of recovering possession of realty against a wrongful occupant.

2 Pick. (Mass.) 473; 7 Pick. (Mass.) 36; 10 Pick. (Mass.) 359; 5 N. H. 450; 6 N. H. 555. See Stearns, Real Action; Booth, Real Actions; Reg. Brev. 229; Rast. Entr. 279b; Co. Litt. 238b.

Though the action was formerly a possessory one, it seems that title may be now tried therein.

141 Mass. 93.

ENUMERATIO INFIRMAT REGULAM In caslbus non enumeratls. Enumeration disaffirms the rule in cases not enumerated.

Bac. Aph. 17.

ENUMERATIO UNIUS EST EXCLUSIO alterius

Specification of one thing is an exclusion of the rest.

4 Johns. Ch. (N. Y.) 106, 113.