“This is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere, the nuisance complained of; and, unless he so permits, to summon him to appear in court, and shew cause why he will not. And this writ lies as well for the alienee of the party first injured, as against the alienee of the party first injuring; as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant.” 3 William Blackstone, Commentaries on the Laws of England 222 (1768).
quod permittat prosternere
quod permittat prosternere (kwod p[schwa]r-mit-it proh-st[schwa]r-n[ schwa]-ree), n. [Law Latin “that he permit to abate”] Hist. A writ to abate a nuisance, similar in nature to a petition of right. • This writ was abolished by the Real Property Limitation Act of 1833.
