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QUARE IMPEDIT

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Originally appearing in Volume V22, Page 711 of the 1911 Encyclopedia Britannica.
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QUARE IMPEDIT , in See also:

English See also:law, a See also:form of See also:action by which the right of presentation to a See also:benefice is tried. It is so called from the words of the See also:writ formerly in use, which directed the See also:sheriff to command the See also:person disturbing the See also:possession to permit the See also:plaintiff to See also:present a See also:fit person, or to show cause " why he hinders " the plaintiff in his right. The action was one of the few real actions preserved by the Real See also:Property See also:Limitation See also:Act 1833, and survived up to 186o. The effect of the See also:Common Law See also:Procedure Act' 186o, § 26, was to assimilate proceedings in quare impedit as far as possible to those in an See also:ordinary action. It is now usually brought against a See also:bishop to try the legality of his refusal to See also:institute a particular clerk. The bishop must fully See also:state upon the pleadings the grounds on which he refuses. Quare impedit is peculiarly the remedy of the See also:patron; the remedy of the clerk is the proceeding called duplex querela in the ecclesiastical See also:court. The action is not barred till the expiration of sixty years, or of three successive incumbencies adverse to the plaintiff's right, whichever See also:period be the longer (Real Property Limitation Act, 1833, § 29). Where the patron of a benefice is a See also:Roman See also:Catholic, one of the See also:universities presents in his See also:place (1689, I Will. & See also:Mary, sess. 1, c. 29).

By 13 See also:

Anne c. 13 (1714), during the pendency of a quare impedit to which either of the universities is a party in right of the patron being a Roman Catholic, the court has See also:power to administer an See also:oath for the See also:discovery of any See also:secret See also:trust, and to See also:order the See also:cestui que trust to repeat and subscribe a See also:declaration against See also:transubstantiation. In See also:Scotland the effect of a quare impedit is attained by action of See also:declarator. In the See also:United States, owing to the difference of ecclesiastical organization, the action is unknown.

End of Article: QUARE IMPEDIT

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