the suit, and after ne admittas received. (1) But if the bishop has incumbered the church by instituting a clerk before the ne admittas issued, no quare incumbravit lies, for the bishop hath no legal notice, till the writ of ne admittas is served upon him, and the patron is consequently left to his quare impedit. The quare incumbravit is an original writ, Nature of which issues out of chancery, and not out of the the writ. court where the recovery is, and must be sued in the county where the church is situated. But this writ does not lie if the bishop after the six months collates by lapse, or if the church be incumbered before a ne admittas sued. (2) suited. If a plaintiff is nonsuited in a writ of quare in- Plaintiff noncumbravit, he may sue out a new writ, and may vary his count in the second from what it was in the first. There is no limitation with regard to the time No limitwithin which any actions touching advowsons are ation in suits to be brought. The statute of limitations (32 Hen. VIII. c. 2.) is declared not to extend to any writ of right of (1) Lancaster v. Lowe, (1) F. N. B. 48. Com. Dig. Cro. Jac. 93. Boswell's case, tit. Quare Incumb. A. 6 Rep. 50. Degges, P. C. on advow. sons. Part i. ch. 3. advowson, quare impedit, or assise of darrein presentment, or jus patronatus. It may easily happen, that the title to an advowson may not come in question, nor the right have an opportunity to be tried within sixty years. APPROPRIATION-continued, Made to deans, chapters, nunneries, &c. With different privileges in two forms Avarice of the monks induced patrons to threaten Page 87 88 Difference between church appropriated and not All intended to have been done rightly Disappropriated by dissolution by presentment by woman endowed when once severed APPURTENANCES, What passes with ARTICLES, Subscription to thirty-nine Read Ordinary's certificate of ASSETS, Advowson appendant ASSIGNEES, Of coparceners AVOIDANCES, Of two kinds id. 104 7 |