entry

harborage at Ellis Island is not an entry into the United States. For purposes of the immigration laws, moreover, the legal incidents of an alien's entry remain unaltered whether he has been here once before or not. He is an entering alien just the same, and may be excluded if unqualified for admission under existing immigration laws.

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 fade evidence of the sale and delivery, and of work done; but unless the entry be the original one, it is not evidence. The submitting to the inspection of officers appointed by law, who have the collection of the 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 estimating the duties to be paid thereon. Act March 2, 1799, § 36 (1 Story, U. S. Laws, 606), and Act March 1, 1828 (3 Story, U. S. Laws, 1881), regulate the manner of making entries of goods. In Criminal Law. The act of entering a dwelling house, or other building, in order to commit a crime. See "Burglary." —:

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

1.

In real property law. Entry is the act of going peaceably upon a piece of land which is claimed as one's own, but which is held by another person, with the intention and for the purpose of taking possession of the same. Entry ls a remedy which the law affords to an injured party ousted of his lands by another person who has taken possession thereof without right. This remedy (which must in nil cases be pursued peaceably) takes place in three only out of the five species of ouster, viz., abatement, intrusion, and disseisin; for, as in these three cases the original entry of the wrong-doer la unlawful, so the wrong may be remedied by the mere entry of the former possessor. But it is otherwise upon a discontinuance or deforcement, for in these latter two cases the former possessor cannot remedy the wrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring an apparent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the claimant. Brown. See Innerarity v. Mims, 1 Ala. 674; Moore v. Hodgdon, 18 N. H. 149; Riley v. People, 29 111. App. 139 ; Johnson v. Cobb, 21) S. C. 372, 7 S. E. 601.

— Forcible entry. See that title.

— Re-entry. The resumption of the possession of leased premises by the landlord on the tenant's failure to pay the stipulated rent or otherwise to keep the conditions of the lease.

— Open entry. An entry upon real estate, for the purpose of taking possession, which is not clandestine nor effected by secret artifice or stratagem, and (in some states by statute) one which is accomplished in the presence of two witnesses. Thompson v. Kenyon, 100 Mass. 108.
2. In criminal law. Entry is the unlawful making one's way into a dwelling or other house, for the purpose of committing a crime therein. 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 offense. 3 Inst. 64. And see Walker v. State, 63 Ala. 49, 35 Am. Rep. 1; Com. v. Glover, 111 Mass. 402; Franco v. State, 42 Tex. 280; State v. McCall, 4 Ala. 644, 39 Am. Dec. 314; Pen. Co.de N. Y. 1903, § 501; Pen. Code Tex. 1895, art. 840.
3. In practice. Entry denotes the formal inscription upon the rolls or records of a court of a note or minute of any of the proceedings in an action; and it is frequently applied to the filing of a proceeding in writing, such as a notice of appearance by a defendant, and, very generally, to the filing of the judgment roll as a record in the office of the court. Thomason v. Ruggles, 69 Cal. 465, 11 Pac. 20; State v. Lamm, 9 S. D. 418, 69 N. W. 592.

— Entry of canse for trial. In English practice. The proceeding by a plaintiff in an action who had given notice of trial, depositing with the proper officer of the court the nisi prius record, with the panel of jurors annexed, and thus bringing the issue before the court for trial.

— Entry on the roll. In former times, the parties toan action, personally or by their counsel, used to appear in open court and make their mutual statements vivd 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 EL 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 calied 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. Brown.
4. In commercial law. Entry denotes the act of a merchant, trader, or other business man in recording in his account-books the facts and circumstances of a sale, loan, or other transaction. Also the note or record so made. Bissell v. Beckwith, 32 Conn. 517; U. S. v. Crecelius (D. Ct) 34 Fed. 30. The books In which such memoranda are first (or originally) inscribed are calied "books of original entry," and are prima facie evidence for certain purposes.
5. In revenne law. The entry of imported goods at the custom house consists in submitting them to the inspection of the revenue officers, together with a statement or description of such goods, and the original invoices of the same, for the purpose of estimating the duties to be paid thereon. U. S. v. Legg, 105 Fed. 930, 45 C. C. A. 134; In S. v. Baker, 24 Fed. Cas. 953; U. S. v. Sei-denberg (C. Ct) 17 Fed. 230.
6. In parliamentary law. The "entry" of a proposed constitutional amendment or of any other document or transaction in the journal of a house of the legislature consists in recording it in writing in such journal, and (according to most of the authorities) at length. See Koehler v. Hill, 60 Iowa, 543, 15 N. W. 609; Thomason v. Rug-gles, 69 Cal. 465, 11 Pac. 20; Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac.
3.
7. In copyright law. Depositing with the register of copyrights the printed title of a book, pamphlet, etc., for the purpose of securing copyright on the same. The old formula for giving notice of copyright was, "Entered according to act of congress," etc.
8. In pnblic land laws. Under the provisions of the land laws of the United States, the term "entry" denotes the filing at the land-office, or inscription upon its records, of the documents required to found a claim for a homestead or pre-emption right, and as preliminary to the issuing of a patent for the land. Chotard v. Pope, 12 Wheat. 588, 6 L. Ed. 737; Sturr v. Beck, 133 U. S. 541, 10 Sup. Ct. 350, 33 L. Ed. 761; Goddard v. Storch, 57 Kan. 714, 48 Pac. 15; Goodnow v. Wells, 67 Iowa, 654, 25 N. W. 864.

— Entryman. One who makes an entry of land under the public land laws of the United States.

— Homestead entry. An entry under the United States land laws for the purpose of acquiring title to a portion of the public domain under the homestead laws, consisting of an affidavit of the claimant's right to enter, a formal application for the land, and pavment of the money required. Hastings & D. It. Co. v. Whitney, 132 U. S. 357, 10 Sup. Ct. 112, 33 L. Ed. 363; Deaiy v. U. S., 152 U. S. 539, 14 Sup. CL 680, 38 I. Ed. 545 ; McCune v. Essig (a Ct) 118 Fed. 277.

— Mineral land entry. Filing a claim to hold or purchase lands belonging to the public domain and valuable for the minerals they contain, implying a prior discovery of ore and the opening of a mine. U. S. v. Four Bottles Sour Mash Whisky (D. C.) 90 Fed. 720.

— Pre-emption entry. An entry of public lands for purchase under the pre-emption laws, giving the entryman a preferred right to acquire the land by virtue of his occupation and improvement of it. Hartman v. Warren, 76 Fed. 161, 22 C. C. A. 30; McFadden v. Mountain View Min. Co.. (C. Ct) 87 Fed. 154.

— Timber culture entry. An entry of public lands under the various acts of congress opening portions of the public domain to settlement and to the acquisition of title by the settlers on condition of the planting and cultivation of timber trees. Hartman v. Warren. 76 Fed. 160, 22 C. C. A. 30.
9. In Scotch law. The term refers to the acknowledgment of the title of the heir, etc., to be admitted by the superior.

The putting of a proceeding on guage and order; the writing so made lands or tenements, by entering into cial and summary remedy against ter; in the law of burglaiy, an act essary to the offense, — any, the least; to record. on a record. write on a roll. Eurouler en roll of the coroner. Enrollment a being of the law. seal: sealed with his seal. Bnsealed under the seals of the; in like manner. Ensenses: instructed. buried. manner. Ensi totes voies: proor entailed, v. Entail; Feeplaintiff's count, or declaration. meaning; signification. plaintiflE's count or declaration in lands; to place a thing properly; to put upon or among its mains: in his hands. Enterlessant: leaving out sanke: the whole blood. consideration of which is entire on apportionment on neither. to a moiety or a part only. About; round; concerning. Entre les mains: between the Entre ses bras: within her intrude into. Entrant: enter. record, in proper technical lan-; an actual taking possession of or upon them, — an extra-judicertain species of injury by ouswhich, after the breaking, is necdegree of entry, with any part

1.

In real property law. Entry is the act of going peaceably upon a piece of land which is claimed a3 one’s own, but which is held by another person, with the intention and for the purpose of taking pussession of the same. Entry isu remedy which the law affords to an injured party ousted of his lands by another person who has taken possession thereof without of the five species of ouster, viz., abatement, intrusion, and disseisin; for, as in these three cascs the original entry of the wrong-doer is unlawful, 50 the wrong may be remedied by the mere entry of the former possessor. But itis otherwise upon a discontinuance or deforcement, for in these latter two cases the former possessor cauuot remedy the wrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring an apparent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the claimant. Brown. An entry at common law is nothing more than an assertion of title by going on the land; or, i? that was hazardous, by making continual claim, Anciently, an actual entry was required to be made and alease exccuted on the land to sustain the action of ejectment; but now nothing of that kind is necessary. The entry and the lease, as well as the ouster, are fictions, and nothing is required but that the lessor should have the right to enter. A proceeding precisely analogous obtained in the civillaw. 1 Ala. 660. 2. In criminallaw. Entry is the uvlawful making one’s way into adwelling or other house, for the purpose of committing a crime therein. 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 offense. 3 Inst. 64. Without reference to burglary, a breaking into a house or going upon lands with violence and circumstances of aggression is terined “forcible entry,” and was a breach of the peace at common law. “Forcible entry and detainer” ss made an offense by statute in many of the states. 3.

In practice. Entry denotes the formal inscription upon the rolls or records of a court of a note or minute of any of the proceedings in an action; and it is frequently applied to the Gling of a proceeding in writing, such as a notice of appearance by a defendant, and, very generally, to the filing of the judgment roll asa record in the oflice of the court, 4.

In commercial law. Entry denotes the act of a merchant, trader, or other business man in recording in his account-books the facts and circumstances of a sale, loan, or olher transaction. Aliso the note or record so made. The bovks in which such memoranda are first (or originally) inseribed are culled “bouks of original entry,” and are prima facie evidence for certain purposes. 5. In revenue law, The entry of imported goods at the custom house consists in submitting them to the inspection of the reyinvoices of the same, for the purpose of estimating the duties to be paid thereon. 6. Under the provisions of the land laws of the United States, the term “entry” denotes the filing at the land-office, or inseription upon its records, of the documents required to found aclaim for a homestead or pre-emption right, and as preliminary to the issuing of a patent for the land. 7.

In Scotch law. The term refers to — the acknowledgment of the title of the hair, etc., to be admitted by the superior, =.

1. A record in writing, in a book or account. 2. The taking possession of lands by going into them. Right of entry: a right to actually enter and take possession, thereby regaining or perfecting an estate, without suit at law. Writ of entry: an old real action to regain the possession of land. Writs of entry were in the quo or quibus when brought against the wrong-doer himself; in the per, when against his alienee or heir; in the per and cui, when there had been two alienations or descents; in the post, if more than two. There were also writs of entry sur disseisin, alienation, intrusion, etc., according to the circumstances of the case. For writs of entry ad communem legem, ad terminum qui prseteriit, cui ante divortium, cui in vita, dum fuit in prisona, casu cousimili, casu proviso, quare ejecit, see respective titles. Enumeratio unius est ezclusio alterius, I. The enumeration of the one is [amounts to] the exclusion of the other. Bnvers,/r. Against.

[L. Lat. intratio.] In practice. The putting a proceeding on record, in proper technical language and order. A judgment record is composed of entries of the various proceedings in the action, actual or formal, in a certain order. Books of entries are books containing forms or precedents of the proceedings in various actions, as they appear on record. They were formerly much relied on. 3 Bl. Com. 271, note.

WRIT OF. Vide Writ of Entry.