Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/234

Rh writ of right, and therefore ubject to greater delays. This is a writ commanding the defendant to permit the plaintiff to abate, quod permittat proternere, the nuance complained; and, unles he o permits, to ummon him to appear in court, and hew caue why he will not. And this writ lies as well for the alienee of the party firt injured, as againt the alienee of the party firt injuring; as hath been determined by all the judges. And the plaintiff hall have judgment herein to abate the nuance, and to recover damages againt the defendant.

thee actions, of aie of nuance, and of quod permittat proternere, are now out of ue, and have given way to the action on the cae; in which, as was before oberved, no judgment can be had to abate the nuance, but only to recover damages. Yet, as therein it is not neceary that the freehold hould be in the plaintiff and defendant respectively, as it mut be in thee real actions, but it is maintainable by one that hath poeion only, againt another that hath like poeion, the proces is therefore eaier: and the effect will be much the ame, unles a man has a very obtinate as well as an ill-natured neighbour; who had rather continue to pay damages, than remove his nuance. For in uch cae, recoure mut at lat be had to the old and ure remedies, which will effectually conquer the defendant’s perverenes, by ending the heriff with his poe comitatus, or power of the county, to level it.