Odger's English Common Law

FORCIBLE ENTRY OR DETAINER. 171
Breaking open the doors or windows of a house is a forcible
entry within the meaning of the statute ; so also is an entry-
obtained by or accompanied with threats of personal violence,
if such threats were likely to intimidate the prosecutor or his
family and to deter them from defending their possession.
But an entry gained by means of an open window, or by open-
ing a door with a key, or by some trick, is not a forcible entry.
Again, a mere trespass is not a forcible entry, for there must
be such force or show of force as is calculated to prevent
resistance. What the statute expressly forbids is an entry
with " strong hand " or " with multitude of people."
Nevertheless some forcible entries are justifiable. Thus, a
sheriff who is lawfully executing the process of the Court
may break open the outer door of the house of the judgment
debtor in order to seize his goods therein. A landlord, however,
who is seeking to levy a distress for rent in arrear, may
not break open the outer door of the demised premises.
A police constable, who seeks to arrest a person whom he
reasonably believes to have committed felony or for whose
arrest he holds a warrant, may, after stating his office and
demanding admission, break open the outer door of any house
in which he has reason to believe the defendant to be. He
has the same right to enter a house to prevent a breach of
the peace being committed within.
Offences against the Foreign Enlistment Act, 1870. 1
The State forbids its subjects to take any active part
in wars between foreign countries with which it is at peace
it also endeavours to prevent any hostile preparations being
made in this country, whether by British subjects or by
aliens, for use in such a war. To permit either might be
regarded by the belligerent Power affected as "an unfriendly
act," if not as a breach of neutrality.
The principal sections of this Act are directed to enforce
neutrality on British subjects, when war has been declared
between two foreign Powers friendly to us. But it also
i 33 & 34 Vict. c. 90.
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