to be brought to s. 2. Warrant by the clerk of the land or Ireland, or of the duchy of Lancaster, or of any King's grants of his counties palatine, or principality of Wales, or by the Secretary, process out of the exchequer, and ali grants and writings &c. which any officers shall make in the king's name, shall be, before the same be passed under any of the king's seals, or process made of the same, brought to the king's principal secretary, or one of the clerks of the signet, to be passed. And by s. 2. the clerk of the signet to whom the said writings shall be delivered, shall within 8 days, unless he have knowledge of the king's pleasure to the contrary, make letters of warrant subscribed with his signet. hand, and sealed with the king's signet, to the lord privy seal; and one of the clerks of the privy seal, upon examination had by the lord privy seal of the warrant, shall within 8 days, unless the lord privy seal give commandment to the contrary, make other letters of like warranty, subscribed with the name of the clerk of the privy seal, to the lord chancellor of England, chancellor of Ireland, &c. for the writing and ensealing of letters patent or closed, or other process making, according to the tenor of the warrant from the privy seal. By s. 3. no person shall write any warrant upon any grant made by the king, or procure the same to be passed under the seals aforesaid, after other sort than as before specified; upon pain to forfeit £10; the one half to the king, and the other half to him that shall sue for the same, by action of debt, &c., in any of the king's courts. But by s. 5. this act shall not be prejudicial to the lord treasurer, concerning such warrants or precepts as he by virtue of his otice may direct immediately to the lord chancellor or any other, for making out the king's grants of any offices or other thing belonging to his disposition: Nor by s. 11. to any persons whom the king shall by express command appoint to procure any thing to be sealed for his majesty's private affairs, or the affairs of the realm; so that the name of every such person be entered in the clerk of the hanaper's book after this sort, per A. ad mandatum domini regis: Nor by s. 12. shall this act be prejudicial to any person which shall have the grant or lease of any farm, the yearly rent whereof amounteth not above £6 13s. 4d. And this act (s. 8.) regulates the fees of the clerks of the king's 8.3. S. 5. s. 11. s. 12. s. 8. s. 9. 37 Hen. 6. lr. land. c. 21, Ir. Book II. king's signet and privy seal. But by s. 9. the lord chancellor may use his discretion in passing any thing by the great seal, without fees for the great seal, signet or privy seal. The 37 Hen. 6. Ir. contains the same Patents in Ire- provision as the 18 Hen. 6. supra: But no statute has been passed in Ireland similar to the 6 Hen. 8. c. 15. 14 & 15 Car.2. or 27 Hen. 8. c. 11. The 14 & 15 Car. 2. c. 21. Ir. bas increased the fee of the lord chancellor to 10s. upon' every patent that shall pass the great seal of Ireland, 17 & 18 Car. 2. By the act of settlement 17 & 18 Car. 2. c. 2. s. 234. Ir. the lord lieutenant and council shall settle and direct in the passing of all letters patent, how new and proper names more suitable to the English tongue, may be inserted with an alias for all towns, lands, and places in Ireland, which new names shall be only used. And it is one of the provisions of the Act of Union 40 Geo. 3. c. 38. Ir. and 40 Geo. 3. c. 67. Eng, that the great seal of Ireland may, if his majesty shall so think fit, after the union be used in like manner as before the union, c. 2. s. 234. Ir. 40 Geo. 3. c. 39. Ir. 40 Geo. 3, c. 67. Ei g. fines. 18 Edw. 1.st. 4. E, & I. §3. III. The ancient mode of levying fines is thus expressed Mode of levying by the 18 Edw. 1. st. 4. E. & I.: When the original is delivered in the presence of the parties before the justices, a serjeant shall say "Sir Justice leave to agree," the justice shall say "who will give?" "Sir, R," naming one of the parties. Then when they are agreed of the sum to be given to the king, the justice shall say "cry the peace." Then the serjeant shall say thus: "The peace is such, with your leave, that (W, and A. his wife) who here are, recognize the manor of B, with the appurtenances, contained in the writ, to be the right of R. as that which he hath of their gift; to have and to hold to him and to his heirs, of W. and A. and the heirs of 4. as in demesnes, rents, seigniories, courts, pleas, reliefs, escheats, mills, advowsons of churches, and all other Jiberties and free customs to the aforesaid manor appertaining, rendering yearly to N. and his heirs, chief lords of the fee, the service due and accustomed, for all se:vices." And the law will not suffer a final accord to be levied in the king's court without a writ origina', and that at least before 4 justices in the bench, (or in Eyre ;) and in presence of the parties, who must be of full age, of good the party Commission to E. & 1. Fees of chiro graphers. E. & I. good memory, and out of prison. And if a married woman be one of the parties, she must first be confessed of the 4 justices; and if she assent not to the fine it shall not be levied. By the 15 Edw. 2. st. 1. E. & I. parties 15 Edw. 2. to fines, as well demandant or plaintiff, as tenants or de- st. 1. E. & I. fendants, that will acknowledge their right of lands unto Conusor to apother in pleas of warrantia charte, covenant, or other, pear personally. before the fines pass, shall appear personally, so that their age, idiocy, or other default, (if any be) nay be discerned provided that if any by age, impotence, or take fine in case of disability. casualty, is not able to come in court, one of the justices shall go to the party and receive his cognizance, and shall take with him a knight or man of good fame. By the 2 Hen. 4. c. 8. E. & I. the chirographer, his farmer or 2 Hen. 4. c. 8. deputy, shall not take more than 4s. for any fine; upon pain to lose his office, and be forejudged the court, and to have one year's imprisonment, and to pay grieved his treble damages; and the party grieved shall have his suit before the justices of the bench. By the 27 Edw. 1. 27 Edw. 1. st. 1. c. 1. E. & I. notes and fines levied in st. 1. c. 1. court shall be read openly, and in the mean time all pleas shall cease; and this must be 2 days in the week accord- Fines shall le ing to the discretion of the justices. And by the 1 Ric. 3. c. 7. E. & I. (and 4 Hen. 7. c. 24.) E. & I. after the ingrossing of every fine to be levied in the common place of any hereditaments, the same shall be openly read and proclaimed in court the same term, and in 3 terms next following the ingrossing, 4 days in every term, and at the same time all pleas shall cease. And a transcript of the fine shall be sent to the justices of assizes of the county where the tenements be, to cause the same to be proclaimed in every sessions of assizes the same year. And by s. 2, a like transcript shall be sent to the justices of peace, of the county where the lands be, and they shall cause proclamation of the fine to be made at 4 general sessions of the peace in the same year. And by s. 3. the said justices of assizes, and justices of peace, shall certify the proclamation to the justices of the common place, at the second day of the return of the term next following. But this act provides (s. 8.) that every openly read; 4 Hen. 7. c. 24. E. & I. 1 Ric. 3. c. 7. E. & I. And proclaimed. s. 2. §. 3. fine Fines at common law of same force as they were before. 1 Mar. st. 2. c. 7. Eng. 10-Car. 1. st. 2. c. 9. ir. 31 Eliz. c. 2. Eng. lr. F. & I. as fine levied in any of the king's courts after the manner used before the making of this act, shall be of like effect if this act had not been made. The 4 Hen. 7. c. 24. E. & I. contained the same direction as to the number and times of the proclamations to be made in court. And by the 1 Mar. st. 2. c. 7. Eng. all fines whereupon the proclamations shall not, by reason of adjournment of any term by writ, be duly made, shall be of as good force, as if the term had not been adjourned, and proclamations therein made: which is also provided by the 10 Car. 1. st. 2. c. 9. Ir. But by the 31 Eliz. c. 2. Eng. all fines with proclamations to be levied in the common Proclamations pleas shall be proclaimed 4 times, once in the term abridged. wherein ingrossed, and once in every of the 3 terms next after; and every fine so proclaimed shall be of force, as if the same had been 16 times proclaimed according to 15 Car. 1. c. 2, the former statutes. And the 15 Car. 1. c. 2. Ir. has in like manner reduced the number of proclamations re-5 Hen. 4. c. 14. quired to be made. By the 5 Hen. 4. c. 14. E. & I. all writs of covenant, and all other writs whereupon fines shall be levied, with the writs of dedimus potestatem, nant, c. to be with all knowledges and notes of the same, before they be drawn out of the common bench by the chirographer, shall be inrolled of record, to remain in the custody of the chief clerk of the common bench, for the old fee of 23 Eliz. c. 3. 22d. for entering of the concord. And the 23 Eliz. c. 3. 3, Eng. also enacts, that every writ of covenant, and other Fffect of inrol writ, whereupon any fine shall be levied, the, return thereof, the dedimus potestatem, the return thereof, the concord, note, and foot of such fine, the proclamations made thereupon, and the king's silver; (and every writ of entry in the post, or other writ, whereupon any common recovery shall be suffered, the writs of summon ad warrantizandum, the returns of the same, and every warrant of attorney, as well of every demandant and tenant, as vouchec,) may be inrolled at the request of any person; and the inrolments of the same shall be of as good force, as the same being extant ought to be. And by s. 7. the chirographer of fines of the common pleas shall write for every county, where her Writs of coveinrolled. Eng. quent. 8.7. majesty's con- Fines to be any common pleas, posted in the majesty's writ runneth, one table wherein shall be tained such contents of every fine that shall pass in one term as hereafter mentioned, viz. the name of the &c. county wherein the tenements be, the name of every plaintiff and deforciant, and of every manor named in the fine, and of the towns and places where the tenements lie; and, the first day of the next term after the ingrossing of every fine, shall fix the said tables upon some open place in the court of common pleas, and so every day of the term during the sitting of the court; and the chirographer shall deliver to every sheriff, written in parchment, a content of the table for that shire, in the term next before the assizes, or else between that term and the assizes. And every such sheriff, the first day of the next assizes, and every day during the assizes, shall fix the same in some open place in the court, where the justice of assize shall sit; upon pain that every chirographer, and sheriff offending, shall forfeit to the queen £5, and the other moiety to him that shall sue for the same, in any court of record. And the chirographer shall take for every such content, 4d. The 10 Car. 1. st. 2. c. 10. Ir. contains corresponding provisions: But c. 10. Ir. the following clauses of the 23 Eliz. c. 3. Eng. have not been adopted by the Irish statute. By s. 5. every 23 Eliz. c. 3. s. 5. Eng. person that shall take the knowledge of any fine, (or warrant of attorney of any tenant or vouchee for suffering any common recovery,) or shall certify them, shall with the certificate of the concord, (or warrant of attorney,) certify also the day and year wherein the same was knowledged; and no person that taketh any such knowledge of any fine, (or warrant for any recovery,) shall be bound to certify any such knowledge, (or warrant,) except it be within one year after the knowledge taken. And no officer shall receive any writ of covenant, (or writ of entry,) whereupon any fine; (or common recovery,) is to pass, unless the day of the knowledge of the fine, (and warrant,) shall appear by such certificate; upon pain that every clerk that shall receive any such writ shall forfeit £5. And no attornment upon any fine shall be entered upon record, except the party mentioned to attorn first 10 Car. 1. st. 2. |