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.

A wrong done to an Incorporeal hereditament by hindering or <li-quletlng the owner in the enjoyment of it:: Bla, Com. 235; Downing v. Baldwin, 1 8. & B. (Pa.) 298; Files v. Magoon, m lie. 104. The remedy for a disturbance is an action on the case, or, in some instances in equity, by an injunction.

1. Any act causing annoyance, disquiet, agitation or derangement to another or interrupting his peace or interfering with him in the pursuit of a lawful and appropriate ocoupation. Richardson v. State, 5 Tex. App. 472; State v. Stuth, 11 Wash. 423, 39 Pac. 665 ; George v. George, 47 N. H. 33; Varney v. French, 19 N. H. 233.
2. A wrong done to an incorporeal hereditament by hindering or disquieting the owner in the enjoyment of it. Finch, 187; 3 BL Comm. 235.

— Disturbance of common. The doing any act by which the right of another to his common is incommoded or diminished; as where one who has no right of common puts his cattle into the land, or where one who has a right of common puis in cattle which are not commonable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise obstructs it. 3 Bl. Comm. 237241; 3 Steph. Comm. 5li, 512.

— Disturbance of franchise. The disturbing or incommoding a man in the lawful exercise of his franchise, whereby the profits arising from it are diminished. 3 Bl. Comm. 236; 3 Steph. Comm. 510; 2 Crabb, Real Prop. p. 1074, § 2472a.

— Disturbance of patronage. The hindrance or obstruction of a patron from presenting his clerk to a benefice. 3 Bl. Comm. 242 ; 3 Steph. Comm. 514.

— Disturbance of public worship. Any acts or conduct which interfere with the peace and good older of an assembly of persons lawfully met together for religious exercises. Lancaster v. State, 53 Ala. 398, 25 Am. Rep. 625; Brown v. State, 46 Ala. 183; McElroy v. State, 25 Tex. 507

— Disturbance of tenure. In the law of tenure, disturbance is where a stranger, by menaces, force, persuasion, or otherwise, causes a tenant to leave his tenancy; this disturbance of tenure is an injury to the lord for which an action will lie. 3 Steph. Comm. 414.

— Disturbance of the peace. Interruption of the peace, quiet, and good order of a neighborhood or community, particularly by unnecessary and distracting noises. City of St. Charles v. Meyer, 58 Mo. 89; Yokum v. State (Tex. Cr. App ) 21 S. W. 191.

— Disturbance of ways. This happens where a person who has a right of way over another's pound by grant or prescription is obstructed by inclosures or other obstacles, or by plowing 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 Bl. Conum. 241.

A wrong done to an incorporeal hereditament by hindering or disquieting the owner in the enjoyment of it. Finch, 187; 3 Bl. Comm. 235.

1. Interruption of a;ate of peace; disquiet; disorder: as, the isturbance of a lawful public meeting.i ee Assembly; Peace, 1. 2. A wrong to an incorporeal hereditalent, by hindering or disquieting the owner 1 his lawful enjoyment of it.2 See Enjoy-

Interference with the enjoyment of some incorporeal hereditament.

[L. Lat. disturhantia, d Uturbatio,'] A wrong done to some incorporeal hereditament, by hindering or disquieting the owners in their regular and lawful enjoyment of it. Finch, Law, 187. 3 BL Com. 236. 2 CrcM's R^ Prop, 1074, § 2472.— The wrongful obstruction of the owner of an incorporeal hereditament in its exercise or enjoyment. 3 Steph, Com. 610. DiBTUBBANCE OF FRANCHISE. The disturbing or incommoding a man in the lawful exercise of his franchise, whereby the profits arising from it are diminished.* 3 m. Com. 236. 3 Steph. Com, 610. 2 CrcM^s Real Prop. 1074, § 2472 a. See Franchise, As to disturbance of office, see 1 Crahb's R, P. 466, § 695. Disturbance of Common. The doing any act by which the right of another to.his common is incommoded or diminished; as where one who has no right of common puts his cattle into the land, or where one who has a right of common puts in cattle which are not commonable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise obstructs it.* 3 Bl. Com, 237 — 241. 3 Steph, Com, 611, 612. 1 Crahh's Real Prop. 312, § 348. See Common. Disturbance or Ways. The obstructing a person's right of way over another's grounds by enclosures, or other obstacles, or by ploughing across it, by which means he cannot enjo}^ his right of way, or at least not in so commodious a manner as he is entitled to do.* 3 Bl. Com. 241. 3 Steph. Com, 613. 1 Crabb's Real Prop. 347, § 393. See ITay. As to disturbance of the right to water, see 1 Crabb'sR, P. 372, § 427; of the right to light and air. Id, 396, § 462. Disturbance of Tenure. The compellmg or inducing a tenant at will to leave his tenancy.* 3 Bl, Com, 242. 3 St^h, Com. 613, 614. Disturbance of Patronage. The hmdrance or obstruction of a patrcm from presenting his clerk to a benefice. 3 Bl. Com. 242. 3 Steph. Com. 614. 2 Ora WsReal Prep, 1076, § 2472 d. See Advowaon.

torts, is a wrong done to an incorporeal hereditament, by hindering or disquieting the owner in the enjoyment of it. Finch, L. 187; 3 Bl. Com. Swift's 522 ance. Pleader, 8 I 6; 1 Serg. &) Rawle, 298.