ENTRY. In Common Law. The act of setting down the particulars of a sale, or other transaction, in a merchant's or trades man'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.
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 descrip tion of such goods, and the original invoices of the same, for the purpose of estimating the duties to be paid thereon.
The act of March 2, 1799, s. 36, 1 Story, U. S. Laws, 606, and the act of March 1, 1823, 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.
2. 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 offence. Coke, 3d Inst. 64.
It is an entry if a person descend a chim ney but is arrested before he can get low enough to enter any room ; it is an entry to open a window entirely, but not to push it up or down when partly opened ; putting a finger• or a pistol over a threshold is an entry, but not a centre-hit or crowbar, these instru ments being intended for breaking, and not for committing a felony. Sir M. Hale makes a " qutere," however, with a " seeming" to the contrary, as to an entry by a bullet fired into a house. 1 Hale, Pl. Cr. 555, It is submitted, says Wilmot (Dig. Law of Bur glary, 58), that the only possible way in which the discharging a loaded gun or pistol into a dwelling-house from the outside could be held burglary would be by laying the intent to commit felony by killing or wound ing, or generally to commit felony ; and qucere, whether the breaking and entry requisite to complete the burglary would be satisfied by such discharge ? It is not neces sary in all cases to show an actual entry by all the prisoners : there may be a constructive entry as well as a constructive breaking. A, B, and C come in the night by consent to break and enter the house of D to commit a felony. A only actually breaks and enters the house; B stands near the door, hut doea not actually enter ; C stands at the lane's end, or orchard-gate, or field-gate, or the like, to watch that no help come to aid the owner, or to give notice to the others if help comes : this is burglary in all, and all are principals. 1 Hale, Pl. Cr. 555. 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.
3. In general, any person who has a right of possession may assert it by a peaceable entry, 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 ap parent right of possession was thereby gained, the owner of the estate cannot thus enter, but is driven to his action at law. 3 Black stone, Comm. 175. See RE-ENTRY.
4. 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 deliveiy of possession to the purchaser. This provision was early incorporated into the English sta tutes, to guard against the many evils pro duced 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 ad versely to the claim. 1 Plowd. 88 a; Little ton, 347 ; 9 Wend. N. Y. 511. And now 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 pos session of another person claiming under a title adverse to that of the grantor. 4 Kent, Comm. 446; 5 Johns. N. Y. 489 : 6 Mass. 418_ 5. In a more limited sense, an entry sig nifies the simply going upon another person's I premises for some particular purpose. The right to land is exclusive, and every unwar ranted entry thereon without the owner's leave, whether it be enclosed or not, or unless , the person entering have an authority given him by law, is a treapass. 12 Johns. N. Y.. 408 ; 19 id. 385 ; 2 Mass. 127. But the owner's license will sometimes be presumed, and then will continue in force until it is actually revoked by the owner. 10 Johns. N. Y. 246 ; Wilke. 195 ; Taylor, Landl. & Ten. 766.
Authority to enter upon lands is given by law in many cases. See ARREST.
6. So the proprietor of goods or chattels may 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 Viner, Abr. 418.
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. Crake Eliz. 876 ; 2 Greenleaf, Ey. 627. So, if he is bound 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 Coke, 53 ; Taylor, Landl. & Ten. 767.
7. Every traveller also has, by law, the privilege of entering a common inn, at all seasonable times, provided the host has suffi cient accommodation, which if he has not it is for him to declare.
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. 5 Coke, 102. And see 1 Brownl. 212; 12 Mcd. 510; W. Jones, 221; 1 Strange, 683. To this end, the abator has authority to enter the close in which it standa. See NUISANCE.