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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.

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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

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Difference between church appropriated and not

All intended to have been done rightly

Disappropriated by dissolution

by presentment

by woman endowed

when once severed
instrument of

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

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