Disturbance

A wrong done to an incorporeal hereditament by hindering ot disquieting the owner in the enjoyment of it. Finch, Law, 187; 3 Bl. Comm. 235; 1 Swift Dig. 522; Comyn, Dig. "Action upon the Case," "Pleader" (3 I 6); 1 Serg. & R. (Pa.) 298; 41 Me. 104. The remedy for a disturbance is an action qn the case, or, in some instances in equity, by an injunction. Disturbance of Common. Any act done by which the right of another to his common is incommoded or hindered. ' The remedy is by distress (where beasts are put on his common), or by action on the case, provided the damages are large enough to admit of his laying an action with a per quod.

Cro. Jac. 195; Co. Litt. 122; 3 Bl. Comm. 237; 1 Saund. 546; 4 Term R. 71.

Disturbance of Franchise. Any acts ' done whereby the owner of a franchise has his property damnified, or the profits arising thence diminished. The remedy for such disturbance is a special action on the xjase.

Cro. Eliz. 558; 2 Saund. 113b; 3 Sharswood, Bl. Comm. 236; 28 N. H. 438.

Disturbance of Patronage. The hindrance or obstruction of the patron to present his clerk to a benefice.

3 Bl. Comm. 242.

The principal remedy was a writ of right of advowson; and there were also writs of darrein presentment and of quare impedit.

Coke, 2d Inst. 355; Pitzh. Nat. Brev. 31.

Disturbance of Tenure. Breaking the connection which subsists between lord and tenant.

3 Bl. Comm. 242; 2 Steph. Comm. 513.

Disturbance of Ways. This happens where a person who hath a right of way over another's ground by grant or prescription is obstructed by inclosures or other obstacles, or by ploughing across it, by which means he cannot enjoy his right of way, or at least in so commodious a manner as he might have done.

3 Sharswood, Bl. Comm. 242; 5 Gray (Mass.) 409; 7 Md. 352; 23 Pa. St. 348; 29 Pa. St'. 22.