in said county, and proved before me that he had posted up written advertisements of the taking up, ten days previous to the making of said application: This is, therefore, to appoint you to appear before me forthwith, (or "on the o'clock in the day of 18 at noon,") and, after being duly sworn, to appraise the said estray, and to report to me your appraisement. Witness, Ebenezer Neff, Esquire, justice of the peace in Mission precinct, in said county, the day of 18 Ebenezer Neff. Form of warrant for appraisers. La Salle county, Mission precinct, ss. The people of the state of Illinois to any constable of the said county: Whereas, A. B. has made application before Ebenezer Neff, Esquire, one of the justices of the peace of the said county, for the appointment of three disinterested housekeepers in the neighborhood, to appraise a sorrel mare, taken up by him as an estray at his residence (or "plantation") in said county, and proved before the said justice that he had posted up written advertisements of the taking up, ten days previous to the making of said application: And whereas, it has been made satisfactorily to appear to the said justice, by the oath of the said A. B., that appraisers cannot be had without a warrant for that purpose: day of 18 at We, therefore, command you to cause E. F., G. H., and I. J. personally to appear before the said justice, forthwith, (or "on the o'clock in the noon,") at his office in Mission precinct, to appraise under oath the said estray, and to report to him their appraise ment. In witness whereof, the said justice has hereunto set his hand and seal, this day of 18 Ebenezer Neff. [L. S.] Form of oath or affirmation of appraisers. You, and each of you, do swear by the ever living God, (or "solemnly, sincerely, and truly declare and affirm,") that you will appraise the horse now shown to you as an estray, taken. up by A. B., without partiality, favor, or affection. Form of report of appraisement. La Salle county, Mission precinct, ss. We, the undersigned, housekeepers in said precinct, appraisers appointed and sworn by Ebenezer Neff, Esquire, one of the justices of the peace of said county, do respectfully report to you, the said justice, that we have examined a bay horse, six years old, or thereabouts, fourteen hands high, having white hind feet, and branded with the letters L. M. on the right shoulder, shown to us as an estray taken up by A. B., and have appraised the said horse at the sum of dollars. Dated, this day of 18 E. F. [L. S.] G. H. [L. S.] I. J. [L. S.] Form of entry to be made by justice on estray bock. La Salle county, ? Mission precinct, S ss. Be it remembered, that, on the day of 18 A. B. of said county, appeared before me, Ebenezer Neff, Esquire, a justice of the peace of the said county, and took and subscribed the following oath, viz: (set out the oath at length.) That I did thereupon appoint (or "cause") E. F., G. H., and I. J., three disinterested housekeepers of the neighborhood, to come before me forthwith, (or "on the of the day of day 18) to appraise the said estray, and report to me their appraisement; who did thereupon forthwith (or "on 18) appear, and having been by me duly sworn to appraise the said estray without partiality, favor, or affection, did appraise the same and reported to me their appraisement in the words following, viz: (here insert the report at length.) In witness whereof, the said justice of the peace has hereto set his hand and seal, the day of 18 Ebenezer Neff. [L. S.] A copy of the above should be transmitted to the clerk in all cases, (except in case of neat cattle, sheep, hogs, and goats, where the valuation does not exceed five dollars,) and certified as follows, viz: La Salle county, Mission precinct, (ss. I, Ebenezer Neff, one of the justices of the peace in and for the said county, do hereby certify that the above is a true copy of the proceedings in relation to the estray therein described, as entered by me on my estray book. Dated, this day of 18 Ebenezer Neff• Form of advertisement of neat cattle, &c., by the justice, valuation not exceeding five dollars. NOTICE OF AN ESTRAY. Taken up as an estray, by A. B. of La Salle county, on the day of 18 (describe the estray,) which has been appraised at the sum of three dollars, by three ap praisers appointed and sworn by me. 18 Dated, the day of Form of affidavit by taker up of water craft. State of Illinois, ? 18 day of county, on the Illinois feet long, and feet La Salle county, S ss. A. B., of said county, being duly sworn, deposes and says, that on the about a mile below Ottawa, in said river, he found adrift a flat-boat wide, the sides thereof being black walnut and the bottom oak; (give an exact description of the vessel or craft, whether any, and if so, what kind of cargo was found on board;) that he then and there took up the said flat-boat; and that the same has not been altered or defaced, either in whole or in part, since the taking up, either by him or any other person or persons, to his knowledge. Subscribed and sworn before me, this A. B. day of State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of said county, Greeting: Whereas, A. B. of said county has, on the day of day of 18 made affidavit in writing, before Jabez Fitch, Esquire, one of the justices of the peace of the said county, that, on the 18 he found adrift on the Illinois river, a (describe the craft as in the affidavit,) and then and there took up the same. You are, therefore, hereby commanded to summon three respectable householders of the neighborhood to appear forthwith before me, to be by me duly sworn to examine and appraise said flat-boat. Witness, Jabez Fitch, Esquire, justice of the peace at Ollawa, in said county, this day of Oath of appraisers. 18 Jabez Fitch. You, and each of you, do solemnly swear by the ever living God, that you will, without partiality, favor, or affection, examine and appraise a flat-boat taken up adrift by A. B. of said county, and make a true report thereof. State of Illinois, Report of appraisers. La Salle county, ss. We, the undersigned, householders of said county, appraisers appointed and sworn by Jabez Fitch, Esquire, one of the justices of the peace in and for the said county, do respectfully report, that we have examined a flat-boat, feet wide, &c., (description of flat,) shown to us as the one found adrift on the Illinois river, and taken up by A. B., of said county, and have appraised the said flat-boat at the sum of dollars. (If it be a boat and cargo, then add,) feet long, And we do further report, that we have appraised the cargo of said boat as follows, viz: 10 barrels of flour, . $40 00 Form of entry by justice in his estray book in case of taking State of Illinois, up water craft. ss. Be it remembered, that, on the day of 18 A. B., of said county, appeared before me Jabez Fitch, Esquire, a justice of the peace, and took and subscribed an affidavit in the words following, viz: (set out affidavit at length.) That I did thereupon appoint E. F., G. H., and I. J., three respectable householders of the neighborhood, forthwith to appraise the said flat-boat ("and cargo," if any,) who being by me first duly sworn to examine and appraise the same, without partiality, favor, or affection, and make a true report thereof, made their report to me in the words following, viz: (Here set out the report at length.) In witness whereof, the said justice has hereunto set his hand and seal, this State of Illinois, day of 18 Jabez Fitch. [L. S.] La Salle county, S ss. I, Jabez Fitch, justice of the peace in and for the said county, do hereby certify that the above is a true copy of the proceedings in relation to the flat-boat, &c., therein described, as entered by me on my estray book. Dated, the day of Jabez Fitch. [L. S.] 18 Advertisement by the taker up where appraisement of the craft, including the cargo, does not exceed twenty dol lars. NOTICE. Taken up by the subscriber, on the day of 18 (describe accurately the craft and cargo, if any,) found adrift on the Illinois river, about a mile below Ottawa, in La Salle county, which I have caused to be appraised according to law. Dated, the day of 18 A. B. CHAPTER XI. FORCIBLE ENTRY AND DETAINER. FORCE, in the common law, is most usually applied to the evil part, and signifieth unlawful violence used either to things or persons. 1 Inst., 161. Our law taketh knowledge of two manners of force. The one may be termed a force in judgment of law, which accounteth every private trespass to be a force, so that if I do but pass over another man's ground without license, he may have his action of trespass against me, why or wherefore with force and arms, &c. The other manner of force is more apparent, and always carries with it some fearful show and matter of terror, and must have one of these badges, that is, it must be either with strong hand, or with a multitude of people. Dalt. Justice, 417. It seems that, at the common law, a man disseized of any lands or tenements, if he could not prevail by fair means, might lawfully regain the possession thereof by force, unless he were put to the necessity of bringing his action by having neglected to re-enter in due time. 1 Hawk., 140. Before the statute of Richard II., any man might have entered into lands and tenements with force and arms, and also to have kept and detained them with force, where his entry was lawful; Dalt. Justice, 415; though he would be indictable at common law for a breach of the peace. 9 Wend. Rep., 201. 4 Dane's Ab., 731. |