Meaning of darrein | Babel Free

Definitions

In the names of legal actions, pleas, writs, etc.: final, last; dernier.

historical, not-comparable

Examples

“the assize of darrein presentment”

“a plea puis darrein continuance”

“darrein resort”

“The. xiii. Chap. Asſyſes of darreyn preſentement ſhalbe taken alway before our iuſtices of the benche / and there ſhalbe determyned.”

“Therefore Ultima resolutio est gladius, War is the darrein resort of every wise and good Prince; unto which his Majesty was necessitated, they being the first Aggressors, and that upon such clear and pregnant evidence, as no King ever undertook a more just War.”

“[A] Man ſhall have Aſſiſe of Darrein Preſentment, although he nor his Anceſtors do preſent to the laſt Avoidance: As if the Tenant for Life or for Years, or in Dower, or by the Courteſy, ſuffer a Uſurpation unto a Church, &c. and die, he in the Reverſion, who is Heir unto the Anceſtor who laſt preſented, ſhall have an Aſſiſe of Darrein Preſentment, if he be diſturbed.”

“Aſſiſes of Darrein Preſentment ſhall alway be taken before the justices of the bench, and there determined, Magn. Chart. 9 H. 3. c. 13. vol. I.”

“Aſſiſe de Darrein Preſentment. The form of the writ of Darrein Preſentment for a common perſon is ſuch: The king to the ſheriff, greeting: If A. ſhall make you ſecure, &c. then ſummon, &c. twelve free and lawful men of the neighbourhood of B. that they be before our juſtices, &c. ready to recognize by oath what patron in time of peace preſented the laſt parſon, who is dead, to the church of C. or the last vicar, who is dead, to the vicarage of N. which is vacant, as is ſaid, and the advowſon whereof, he the ſame A. ſays, belongs to himſelf: […]”

“An assise of darrein presentment lies for tenant in fee, or in tail, when he or his ancestors have presented to a church, and the clerk has been instituted, and the plaintiff is afterwards hindered in presenting to the same church. […] This action is now entirely disused, a quare impedit being the proper remedy for a disturbance in presenting to a church, since that writ may be maintained wherever a writ of darrein presentment may, although the converse is not true.”

“If any matter of defence arise after the defendant has pleaded, and before the jury have actually delivered their verdict, the defendant may avail himself of it by a plea, termed a "plea puis darrein continuance." Thus, if after plea pleaded, the plaintiff give the defendant a release, the latter may plead the release puis darrein continuance.”

“In an action for a libel the defendant pleaded puis darrein continuance, that he was a partner with C. in the printing and publishing of a newspaper which contained the libel, and that the plaintiff brought a separate action against C. for the same identical publication, and recovered judgment which had been satisfied, held to be a good plea. Thomas v. Rumsey, 6 J.R. 26.”

“In the presence of the assembled representatives of the city, the French commissioners read a letter from king John addressed to the people of Poitiers and Poitou, recalling the evils of war, the conclusion of peace and the promise he had made to hand over for ever to the king of England Poitiers (both city and castle) and Poitou. He bade them therefore to do homage, pay revenues and render obedience to the English king as they had previously done to the French king 'saving to us sovereignty and "darrein ressort"'.”

CEFR level