Quare

A writ addressed to a mayor ofa town, ete,, who was by the king’s writ commended to give seisin of lands to the king’s grantee, on his delaying to do it, requiring hitn to show canse why he so delayed the performance of his duty. Blount; Cowell.

See Q.

I. Wherefore; he broke the close); the entry on the plaintiff's (because he ejected the ousted tenant of a feoffee of the wrong-doer, impedit: a real action patron against a bishop tion. Quare incumbravit: presentation and damages to the living pending ne admittas. Quare cover damages- from the a writ ad admittendum writ for him who has the for refusing to present against a person obstructing

Wherefore; for what reason; on what account. Used in the Latin form of several common-law writs, as illustrated below. Quare clausum fregit. Wherefore he broke the close. The emphatic words of the Latin writ formerly used to begin an action of trespass for an unlawful entry upon land. The defendant was summoned to show wherefore he broke the plaintiff's close. The particular form of action derived its name from this clause, which, in common use, is often abbreviated to qu. d. fr. Quare ejecit infra terminum. Wherefore he ejected within the term. A writ which lay for a lessee when he was cast out or ejected from his farm before the expiration of his term, against the lessor or feoffee who so ejected him, to recover the residue of his term, and also damages for being so ejected. Cowel; Termes de la Ley. Quare impedit. Wherefore he hinders. The emphatic words of the Latin writ, issued, in English practice, for a patron whose right of presentation has been disturbed; the disturber being summoned to answer why he hinders the plaintiff. The phrase was adopted as the name both of the writ and of the action. The action of quare impedit' was the remedy by which a party wliose right to a benefice was obstructed recovered the presentation, and was the form of action constantly adopted to try a disputed title to an advowson. But by the common-law procedure act, 1860, § 26, no quare impedit shall be brought after the commencement with an indorsement thereon that the plaintiff intends to declare in quare impedit, Brown. Quare incumbravit. Wherefore he incumbered. The name of a writ against a bishop, after judgment in an action of quare impedit, where he had incumbered the church with a clerk pending the action. Quare non admisit. Wherefore he did not admit. The name of a wi'it against a bishop for refusing to present the clerk of the prevailing party in an action of quare impedit, after being directed to do so by the writ of ad admittendum clericum, q. v.

EJECIT INFRA