Assize Of Utrum

A writ of assize which lay for a parson to recover lands which his predecessor had improperly allowed the church to be deprived of. 3 Bl. Comm. 257. See "Assisa De Utrum."

A writ of assize which lay for a parson to recover lands which his predecessor had improperly allowed the church to be deprived of. 3 Bla. Com. 257. An assize for the trial of the question of whether land is a lay fee, or held in frankalmoigne. 1 Holdsw. Hist. E. L. 21.

In old English practice. An assise (otherwise called a writ of juris uirum,) which lay for a parson or prebendary at common law, and for a vicar, by statute 14 Edw. III. c. 17, to recover hnds and tenements, belon^ng to the church, which were alienated by the predecessor; or of which he was disseised; or which were recovered against him by verdict, confession or default, without praying in aid of the patron and ordinary; or on which any person had intruded since the predecessor's death. 3 Bl. Com. 253. F. N. B. 49. Boscoe Beal Act. 74. Bract, lib. 4, tract. 5. It derived its name from the emphatic word of the writ by which the jury were required to recognize whether (ntrum) the tenements in question were frankalmoign belonging to the church of the demandant, or the lay fee of the tenant. Bract, fol. 286. Beg. Grig. 32 b. This writ has long been obsolete, principally by reason of the restraining statute of 13 Eliz. c. 10. 3 Bl. Com. 253. ASSISE (or BILL) OF FRESH FORCE. [L. Lat. assisa (seu hilla^ friscce fortice.'] In old English practice. A writ which lay by the usage and custom of a city or borough, where a man was disseised of his lands and tenements in such city or borough. It was called /rc«A/orcc, because it was to be sued within forty days after the party's title accrued to him. F. N. B.I C. 3 Beeves' Hist. Eng. Law, 28. PUmd. 89.