FINE. By whom a fine may be levied in point of estate,
That a fine may operate by non-claim, the freehold
must be in one of the parties, under a present or
remote interest, by right or by wrong, under an ab-
solute or defeasible title

The fine of a remainder-man or reversioner, will bar
strangers, but not the tenant of a prior estate
Between parties and privies, a fine will be good without
the freehold in either party
Otherwise as against strangers, and as a bar by non.
claim

Difference between a fine as a conveyance, and an es-
toppel

A fine levied by tenant for years, or a copyholder, is a
forfeiture

Good against themselves

Page

Persons having chattel interests, tenants for uncertain
interests by statute merchant, staple, elegit, or at
will, are, in point of estate, disqualified to levy
fines

These fines are good against the parties by estoppel

do not operate by non-claim or as a conveyance,
but by extinguishment

Copyholders and termors may gain the fee by non-
claim, first making a feoffment

A conveyance cannot be made by the fine of a person
having a right of action, a title of entry, or a con-
tingent interest

253

259

ib.

ib.

ib.

260

ib.

ib.

ib.

ib.

ib.

261

A fine for years will bind an interest without extin-
guishing it

262

Of fines by cestui que trust

ib.

A person having an equity of redemption, cannot levy
a fine to bar by non-claim at law

263

One equitable owner may be barred by the fine of ano-

ther

ib.

A fine by a mortgagor or mortgagee will not bind the

other

ib,

--by a person before entry or receipt of rent, is void,
for want of the freehold

ib.

Fraud avoids a fine in equity

264

A fine by a joint-tenant, tenant in common, or co-
parcener, good only for his own share, unless he dis-
seise his companion

265

by a joint-tenant severs the tenancy

261

A fine may be levied to the king, an infant, a married
woman, an attainted person, a corporation sole or
aggregate

265-G

FINE. In what courts.

In courts having jurisdiction over the lands
A fine in Westminster-hall of lands in a county pala.
tine, is void

of lands in antient demesne, is voidable only
A fine of lands in the West Indies may be levied in
Westminster-hall
Admitting the court to have jurisdiction, a fine may be
levied in the court of Common Pleas, King's Bench;
of Great Sessions in Wales; counties palatine, as
Lancaster, Chester, Durham

Of antient demesne

In inferior courts by usage sanctioned by act of par
liament

On what writs a fine may be levied

Page

266

ib.
ib.

267

268

ib.

ib.

ib.

The writ of covenant is generally used

Of what parcels.

269

Of all things of which a precipe quod reddat will lie
Of land, in all its varieties

ib.

ib.

ib.

Of other things

A fine cannot be levied of common in gross, sans nom-

bre, office of dignity

270

There are instances of fines levied of annuities

ib.

By what names.

In fines the parcels should be demanded by their legal

ib.

names

The deed leading or declaring the uses of a fine, is con-
sidered as part of the same assurance

A fine may be amended as to the parcels by the deed
of uses
Whether fines will pass a greater number of acres
than are contained in the writ
Parts of a fine are, the original writ, licentia concor-
dandi, the concord, note of the fine, foot of the
fine

The writ is a necessary foundation for a fine
Requisites in the writ arc, a plaintiff, deforceant,
parcels, return, and teste

The return must be on a dies juridicus

If it be on a dies non juridicus it is erroneous

A retraxit puts an end to the writ

272

Death of either of the parties before the return of the
writ, determines it, as to that party

ib.

In Wales and counties palatine, a line cannot be le-
vied as of a preceding session

276

Licentia concordandi.

A fine called the premier fine, is payable on the licentia

1

ib.

concordandi

FINE. No writ of covenant can be received, till post fine
is paid

Of the entry of the licence to accord

Concord contains the acknowledgment of the fine
before whom it must be made

The concord, in a fine sur conuzance de droit come cẹo,

&c.

Another form

Another form

in a fine sur conuzance de droit tantum
sur concessit

sur grant el render

The parties to the concord are, the conusor,

conusee

Page

276

277

ib.

ib.

278

279

ib.

281

ib.

282

A stranger to the writ cannot be a party to the fine
may take by way of remainder, not as im-

mediate grantee, on a render in a fine
A fine cannot be levied of parcels not in the writ

is erroneous as far as it comprises more parcels
than are in the writ

The render in a fine may be of a particular estate
Not of a larger estate than is granted
When lands are in different counties, there must be dif-
ferent fines

Several persons may join their parcels in the same fine
if they are under a given value

Coparceners, joint-tenants, and tenants in common,
may join in the same fine

Words of limitation are usually added in fines sur grant
et render, and fines sur concesserunt
Except in gavelkind-tenure, lands may not be limited
to two and their heirs

Exception, saving, re-entry, when allowed on fines
A fine may be good with or without warranty
The warranty and grant should be conformable
Note of fine-its nature

Foot of fine-what it is-its contents

Chirograph the same with the foot of the fine
Of the indentures of fine

Chirograph is conclusive evidence of the fine
Of the engrossment of fines

A fine may be stopped by the death of a party before
the payment of the king's silver

A fine may be good, although the king's silver is paid
after the death of the party
Acknowledgment, one of the principal parts of a

286

ib.

ib.

287

ib.

289

ib.

ib.

290

ib.

ib.

291

ib.

ib.

292

ibą

ib.

FINE. The time of acknowledgment is immaterial

A fine relates to the return of the writ

Death in vacation will not vitiate a fine, if the writ was
returnable of a preceding term, and the king's silver
paid

Page

293

ib.

ib.

ib.

A recovery was held good, though the tenant was made,
by a subsequent fine, acknowledged of a prior term 294
Whether a will is revoked by relation of a fine
To gain a title by non-claim, the fine should be levied
as of a term, after the feoffment
Objects of the statute of non-claim are to bar the is-
sue in tail, to gain a title by non-claim
Proclamations on a fine may be after the death of a

conusor or conusee

Where proclamations operate by relation to the fine
Computation is made from the last proclamation, ex-
cept the fine is executory

The issue are bound by a fine, although there was no
freehold in the parties

The plea of partes finis, &c. cannot be pleaded by
the issue

Proclamations upon fines must be made according to
the statutes, or they will be void

a fine notwithstanding an error in the proclama-
tions, will be good at common law, as a conveyance
or an estoppel

The issue are not benefited by the avoidance

by the disseisee

Strangers to a fine may plead partes finis, &c.

of

A tenant for years, or a copyholder, cannot devest an
estate by the mere operation of a fine

Purtes finis nihil, &c. may be pleaded to their fine
An heir apparent is concluded by his own fine
A disseisee is bound by his own fine

Of fines levied by two, when an estate is limited to
them and the survivor, &c.

295

ib.

296

ib.

ib.

ib.

ib.

297

ib.

a fine

Two classes of issue may be barred by one fine
A fine by a person entitled under one estate will not
bar issue entitled under a distinct estate
The issue in tail, may levy a fine with effect, where
they could not suffer a recovery

308

ib.

309

Joint-tenancy is not severed by a fine for years
A fine by one ancestor to the intail will bind the is

sue

ther

One ancestor is not barred by the fine of ano-

A fine levied by a parent not being an ancestor, will
not bind the issue

Page

FINE. An equitable freehold will suffice for an equitable

estate

310

Uses may be declared on every fine that passes an es-

tate

ib.

Each person may declare the use according to his es-

tate

ib.

If one of two joint-tenants levy a fine, he cannot de-
clare the use of more than his own moiety
A stranger who joins in a fine, cannot declare the uses 313
Declaration of the uses of a fiue, by husband and wife

312

ib.

When they agree

ib.

When they disagree

ib.

316

318

200

Averment may be made by a conusee on a fine levied
to himself

Of deeds to lead to, and deeds declaring the uses of

fines
FOOT OF FINE.
FORFEITURE. A recovery by tenant for life, may be a
forfeiture

111

No forfeiture when the tenant for life has a remote es-
tate-tail, or the owner of a remote estate-tail joins ib.
No forfeiture or destruction of contingent remainders,
when the estates are equitable

Who may forfeit by fine

A fine of the fee by tenant for life, is a forfeiture
Also acceptance of a fine-exceptions

No forfeiture if confined to the interest of the co-

nusor

Assertion of title, is the cause of forfeiture
A fine by tenant for life of an equitable estate, is no
forfeiture

Difference between fines and recoveries

117

201

ib.

ib.

202

ib.

ib.

ib.

A fine levied by a tenant in tail after possibility, &c.
will incur a forfeiture

221

On a forfeiture by tenant for life, there are several
periods of non-claim

240

A fine levied by a termor for years, or a copyholder is
a forfeiture
FORMEDON. l'ormedon is the proper remedy to restore
the right of action of tenant in tail
FRAUD. Whether a termor may by a feoffment make a
good title to a writ of entry

Non-claim on a fine may be avoided by fraud in pay-
ing rent

ib.

Fraud will protect cestui que trust from being barred
by non-claim of his trustee

233