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Statute Law (Repeals) Act 1969

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This is the original version (as it was originally enacted).

2Advowsons.

(1)In proceedings by way of quare impedit commenced within six months of induction, judgment shall be given for the removal of an incumbent instituted to fill the vacancy, if he was instituted on a presentation made without title and is made a defendant to the proceedings.

(2)Where the Crown presents to a benefice which is full of an incumbent, effect shall not be given to the presentation without judgment having been given for the removal of the incumbent in proceedings by way of quare impedit brought by or on behalf of the Crown. Subsection (1) above shall apply in relation to proceedings so brought whether or not they are commenced within the period of six months therein referred to.

(3)The provisions of this section shall have effect in place of chapter 5 of the Statute of Westminster, the Second, chapter 10 of the statute of uncertain date concerning the King's prerogative and chapter 1 of 13 Ric. 2. Statute 1.

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