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Simple English definitions for legal terms
assisa ultimae praesentationis
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A quick definition of assisa ultimae praesentationis:
Assisa ultimae praesentationis is a legal term that refers to a type of court session where a jury decides who has the right to present a clerk to a benefice. This type of court session is called an assize, which is a meeting of judges or a court. The assize of darrein presentment is a specific type of assize that deals with disputes over the right to present a clerk to a benefice. The term can be difficult to understand, but it basically means a court session where a jury decides who has the right to present a clerk to a benefice.A more thorough explanation:
Assisa Ultimae Praesentationis
Assisa Ultimae Praesentationis is a legal term that refers to a writ allowing a person with a right of advowson that had been disturbed by another claimant to have a jury determine who had last presented a clerk to a benefice and then to allow that person to present again and to recover damages for interference. It was abolished by the Real Property Limitation Act of 1833 and was replaced by the quare impedit action.
An example of Assisa Ultimae Praesentationis would be if a person had the right to present a clerk to a benefice, but another person presented a clerk instead, causing interference. The person with the right of advowson could use the writ of Assisa Ultimae Praesentationis to have a jury determine who had the right to present the clerk and to recover damages for the interference.
Another example would be if a church was vacant and two people were quarrelling about the advowson. The writ of Assisa Ultimae Praesentationis could be used to determine who presented the last parson and allow that person to present again.
Assisa Ultimae Praesentationis is a legal term that refers to a writ used to determine who has the right to present a clerk to a benefice. It allows a person with a right of advowson that had been disturbed by another claimant to have a jury determine who had last presented a clerk to a benefice and then to allow that person to present again and to recover damages for interference. The examples illustrate how the writ can be used in situations where there is a dispute over the right to present a clerk to a benefice.