Page:Ruffhead - The Statutes at Large, 1763.djvu/131

the Courtesie, Tenants in Dower, for Term of Life, or for Years, or Husbands, faintly have defended Pleas moved by them, or against them; (2) because the Judgements given in the King's Courts shall not be adnulled by this Statute, the Judgement shall stand in his Force, until it be reversed in the Court of the King as erroneous, if Errour be found; (3) or by Assise of Darrein presentment, or by Enquest by a Writ of Quare impedit, if it be passed, or be adnulled by Attaint, or Certification, which shall be freely granted. The Defendant pleadeth Plenarty of his own Presentation.^[1](4) And from henceforth one Form of Pleading shall be observed among Justices in Writs of Darrein Presentment and Quare impedit, in this Respect, if the Defendant alledgeth Plenarty of the Church of his own Presentation, the Plea shall not fail by reason of the Plenarty; so that the Writ be purchased within six Months, though he cannot recover his Presentation within the six Months. (5) And sometimes when an Agreement is made between many claiming one Advowson, and inrolled before the Justices in the Roll, or by Fine, in this Form, that one shall present the first Time, and at the next Avoidance another, and the third Time another; and so of many, in case there be many. Presentations to a Church by Composition.^[2](6) And when one hath presented, and had his Presentation, which he ought to have according to the Form of their Agreement and Fine, and at the next Avoidance he to whom the second Presentation belongeth, is disturbed by any that was Party to the said Pine, or by some other in his Stead; ^[3](7) it is provided, That from henceforth they that be so disturbed shall have no need to sue a Quare impedit, but shall resort to the Roll or Fine; (8) and if the said Concord or Agreement be found in the Roll or Fine, then the Sheriff shall be commanded, that he give Knowledge unto the Disturber, that he be ready at some short Day, containing the Space of Fifteen Days, or three Weeks (as the Place happeneth to be near or far) for to shew if he can alledge any Thing, ^[4]wherefore the Party that is disturbed ought not to present: The Remedy for a Disturbance after a particular Estate ended.(9) And if he come not, or peradventure doth come, and can alledge nothing to bar the Party of his Presentation, by Reason of any Deed made or written since^[5] the Fine was made or inrolled, he shall recover his Presentation with his Damages. (10) And where it chanceth that after the Death of the Ancestor of him that presented his Clerk unto a Church, the same Advowson is assigned in Dower to any Woman, or to Tenant by the Curtesie, which do present, and after the Death of such Tenants the very Heir is disturbed to present when the Church is void, ^[6](11) it is provided, That from henceforth it shall be in the Election of the Party, disturbed, whether he will sue a Writ of Quare impedit, or of Darrein presentment, The same shall be observed in Advowsons demised for Term of Life, or Years, or in Fee-tail.

Damages in Quare impedit and Darrein presentment.^[1]III. And from henceforth in Writs of Quare Impedit and Darrein Presentment, Damages shall be awarded, that is to wit, If the Time of six Months pass by the Disturbance of any, so that the Bishop do confer to the Church, and the very Patron loseth his Presentation for that Time, Damages shall be awarded for two Years Value of the Church. In Case of the King.^[2](2) And if the six Months be not passed, but the Presentment be deraigned within the said Time, then Da-