R v Bathurst
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
English Reports Citation: 96 E.R. 860
COURTS OF KINGS BENCH
hex vers. bathurst. If any count in an indictment be good, the indictment is good. In an indictment for a forcible entry, it was charged in the first count; that the defendant did unlawfully and injuriously, with force and arms, and with a strong hand, enter into a messuage in the peaceable possession of the prosecutor, against the farm of the statute. In the second count it was charged; that the defendant did SAYBR, 228. TRINITY TEEM, 28 AND 29 GEO. II. 1755 861 unlawfully and injuriously, with force and arms, enter into the dwelling house of the prosecutor. Upon a demurrer to this indictment, one question was, whether the first count be good ? The justices were all of opinion; that this count is not good upon the statute, because it is not therein shewn, what estate the prosecutor had in the messuage; for he might be only tenant at will, and if he were so, a forcible entry upon the messuage is not an offence against the statute. Eyder Gh.J. and Foster J. were of opinion; that although the first count be not good upon...
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McPhail v Persons, Names Unknown; Bristol Corporation v Ross
...entry apply to the expulsion by the owner of a tenant at will, see Anonymous (1653) 1 Ventris 89; Rex v. Dorney (1697) 1 Salk 260; Rex v. Bathurst (1755) Sayer 225; but, even if this is no longer true (2) in any case the statutes only apply to the expulsion of one who is in possession, see ......
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...apply to the expulsion by the owner of a tenant at will (see Anonymous 1670 1 Vent. 89, Rex v. Dorny (1700) 1 Salk 260; Rex v Bathurse 1755 Say. 225);but, even if this no longer true, (2) in any case the statutes only apply to the expulsion of one who is in possession: see Reg. v. Child (18......
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