FORCE. Restraining power ; validity ; binding effect.
A law may be said to be in force when it is not repealed, or, more loosely, when it can be carried into practieal effect. An agreement is in force when the parties to it may be compelled to act, or are acting, under its terms and stipulations.
Strength applied. Active power. Power put in motion.
Actual force is where strength is actually applied or the means of applying it are at hand. Thus, if one break open a gate by violence, it is lawful to oppose force'to force.' See 2 Salk. 641; 8 Term, 78, 357. See BAT TERY.
Implied force is that which is implied by law from the commission of an unlawful act. Every trespass quare clausum fregit is com mitted with implied force. 1 Salk. 641 ; Coke, Litt. 57 b, 161 b, 162 a; 1 Saund. 81, 140, n. 4; 5 Term, 361 ; 8 id. 78, 358 ; Bacon, Abr. Trespass ; 3 Wile. 18 • Fitzherbert, Nat.
Brev. 890 ; 6 East, 387 ; 5 Bos. & P. 365, 454. , Mere nonfeasance cannot be considered as force, generally. 2 Saund. 47 ; Coke, Litt. 161 ; • Bouvier, Inst. Index.
If person with force break a door or gate for an illegal purpose, it is lawful to oppose force to force ; and if one enter the close of another vi el armis, he may be expelled im mediately, without a previous request ; there is no time to make a request. 2 Salk. 641; 8 Term, 78, 357. When it is necessary to rely upon actual force in pleading, as in the case of a forcible entry, the words "manu forti," or "with a strong hand," should be adopted. 8 Term, 357, 358 ; 4 Cush. Mass. 441. But in other cases the words "vi el armis," or " with force and arms," is suffi cient.