Commentaries on the Laws of England; In Four Books Volume 3

Commentaries on the Laws of England; In Four Books Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1790 edition. Excerpt: ...isa stranger usurps my presentation, and I do not pursue my right within six months, I (hall lose that turn without remedy, for the peace of the church, and as a punishment for my own negligence; but that turn is the only one I shall lofc thereby. Usurpation now gains no right to the usurper, with regard to any suture avoidance, but only to the present vacancy: It cannot indeed be remedied aster six months are past; but, during those six months, it is only a species of disturbance. Disturbers of a right of advowfon may therefore be these three persons; the pseudo patron, his clerk, and the ordinary; the pretended patron, by presenting to a church to which he has no right, and thereby making it litigious or disputable; the clerk, by demanding or obtaining taining institution, which tends to and promotes the seme inconvenience; and the ordinary, by refusing to admit the real patron's clerk, or admitting the clerk of the pretender. These distuibances are vexatious and injurious to him who hath the right: And therefore, if he be not wanting to himself, the law (besides the writ of right of advow/on, which is a final and conclusive remedy) hath given him two inferior possessory actions for his relief; an assise of darrein presentment, and a writ of quart impedit; in which the patron is always the plaintiff, and not the clerk. For the law supposes the injury to be offered to him only, by obstructing or refusing the admission of his nominee-, and not to the clerk, who hath no right in him till institution, .and of course can suffer 110 injury. X, An asiise of darrein presentment, or last1 presentation, lies when a man, or his ancestors, under whom he claims, have presented a clerk to a benefice, who is instituted; and afterwards, upon the next avoidance, .show more

Product details

  • Paperback | 162 pages
  • 189 x 246 x 9mm | 299g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236582039
  • 9781236582034