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Fines at com- fine levied in any of the king's courts after the manner inon luw of

s used before the making of this act, shall be of like effect they were before. as 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. 1 Mar. st. 2.

And by the 1 Mar. st. 2. c. 7. Eng. all fines whereupon

it, the proclamations shall not, by reason of adjournment of c. 9. Ir. any term by writ, be duly made, shall be of as good

force, as if the term had not been adjourned, and pro

clamations therein made : which is also provided by the 31 Eliz.c. 2. 10 Car. 1. st. 2, c. 9. Ir. But by the 31 Eliz. c. 2. Eng. 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 Ir.

like manner reduced the number of proclamations re5 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

care. shall be levied, with the writs of dedimus potestatem, nant, fc. to be with all knowledges and notes of the same, before they inrolledo

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 benchi, for the old fee of 23 Fliz. c. 3. 22d. for entering of the concord. And the 23 Eliz.c. 3, Eng. Eng. also enacts, that every writ of covenant, and other Fffect of inrol.

writ, whereupon any fine shall be levied, the, return meni. 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 vouchee,) 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

majesty's

writs of cover

19

majesty's writ runneth, one table wherein shall be con- Fines to be .

posted in the tained such contents of every fine that shall pass in any common pleas, one term as hereafter mentioned, viz. the name of the 8c. 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. 1.06 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 for. feit £5. And no attornment upon any fine shall be entered upon record, except the party mentioned to attorn

first

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first have appeared in court in person, or by attorney warranted by the hand of one of the justices of the one bench or the other, or of one justice of assize, upon a writ of quid juris clamat, quem redditum reddit, or per que servitia ; and every entry of attornment, where there shall be no appearance, shall be void. And by s. 6. there

shall be one office for the inrolment aforesaid, which shall Fees for inrol

be called the office of inrolment of writs for fines, (and recoveries ;) and the justices of the common pleas (other tlàn the chief justice) shall have the care of the inrolment, and shall have the said office and the disposition thereof; and shall have the sums following, viz. for the inrolment and examination of every fine, 6s. 8d.; (for the inrolment of every recovery and the examination thereof; 6s. 8d. ;) for every exemplification of the inrolment of any fine, 5s. ; (for the exemplification and returns of every writ of entry, summons ad warrantizand. and warrants 5s.) for the search of the rolls of one year, 4d.; for the copy of one sheet containing 14 lines, 4d. And the said justices, or one of them, shall examine the inrolments of every fine, (and parts of recoveries,) and write his name in the roll thereof; upon pain that the said justice shall forfeit to the queen, of 5. And it shall be lawful for the justices to take order in all things that shall be needsul for the inrolments aforesaid; and upon examination in the court, to assess fine or amerciament upon any clerk, sheriff, deputy, attorney, and other, for his negligence concerning the said fines, and recove

ries); the said fine and amerciament to be estreated. s. 9. And by s. 9. the records for the writing and making the

rolls by the clerks of the justices, shall not be carried forth of the offices, otherwise than for the esamination

thereof by the justices.* *42ct of a fine. As to the force and effect of a fine. By the 18 Edw. I. W.. st.*. st. 4. E. & I. which prescribed the mode of levying fines, (ante page 566,) it was declared that the cause of

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* The 32 Geo. 2. c. 14. Eng. which regulates the payment of the pre-fiors and post-fines, and the duties of the clerks and officers in the alienation office, is a statuie which seems rather to concern the king's anoient revenur, sia paga 198,

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such solemnity is that a fine is so high a bar, that it forecloseth not only parties and privies, and their heirs, but all other people who are of full age, out of prison, of good memory, and within the 4 seas, the day of the fine levied ; if they put not their claim of their action within the year and day. By the 27 Edw. I. st. 1. c. 1. E. & I. parties to fines and their heirs shall not be admitted to except, that before the fine levied, and at the levying thereof, and since, the demandants or their ancestors were always seised of the lands contained in the fine, or of some parcel thereof. By the 1 Ric. 3. c. 7. E. & I. 1 Ric. 3. c. 7. and 4 Hen. 7. c. 24. E. & I. every fine, after the ingrossing, reading, and proclaiming, (as above mentioned) shall 4 Hen. 7. c. 24. be final, and conclude as well privies as strangers, except women covert, (other than parties,) and every person then within age of 21 years, in prison, or out of this realm, or not of whole memory at the time of such fine levied ; saving to every person and to their heirs, other than parties, such right as they have at the time of such fine ingrossed ; so that they pursue their claim, by action or entry, within 5 years after the proclamations; and saving

Plea of non. to all'other persons such right as shall come to them, af-claim a berufler

5 years. ter the fine ingrossed and proclamation made, by force of any gift in tail, or other cause liad, before the fine levied ; so that they take their right according to law within 5 years after such right accrued. And the said persons, and their heirs, may have their action against the taker of the profits at the time of the action taken. And if such persons at the tin:e of such right accrued be covert de baron, within age, in prison, out of this land, or not of whole memory, their right shall be saved to them and to their heirs unto the time they be at full age, out of prison, within this land, unmarried, and of whole memory ; so that they or their heirs take their actions or entry within 5 years after that they be at their full age, &c. and pursue the same with effect. And all such persons as be.co. vert, not parties to the fine, and every person being within the age of 21, in prison, out of this land, or not of whole memory at the time of the fines levied and ingrossed, having any title, and their heirs, shall take their actions or entry within 5 years after they be of full age,

&c. .

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&c. or they or their heirs shall be concluded by the fines as they that be parties; saving to every person, not party nor privy, their exception to avoid the fine, that those which were parties to the fine, nor any of them, nor any person to their use, had any thing in

the lands, &c. comprised in the fine, at the time of 4 Jan. c. 16. the fine levied. But by the 4 Ann. c. 16. s. 15.

6 Eng. no claim or entry shall be of force to avoid any fine 6 Aun. c. 10.

levied with proclamations in the common pleas, (or in

the courts of sessions in the counties palatine, or of grand. No entry sufficient to avoid sessions in Wales) or shall be a sufficient entry or claim a fine unless action thereupon within the statute of limitations, (21 Jac. 1. c. 16.) unless within a year.

upon such entry or claim an action be commenced within one year after making such entry, &c. and prosecuted

with effect. And the 6 Ann. c. 10. Ir. contains the same 32 Men. 8.

provision. By the 32 Hen. 8. c. 36. Eng. all fines lec. 36. Eng. vied before the justices with proclamations according to Fine by tenant

the statute (viz. 4 Hen. 7. c. 24.) by persons of full age, in tail bars of lands before the fine levied entailed to the persons leissue.

vying the fine, or to any ancestor of the same person, shall be, after the fine levied ingrossed and proclamation made, a bar against the persons, and their heirs, claiming the said lands by force of such entail, and against all other persons claiming the same to their use,

or to the use of any heir of the bodies of them. Pro$. 2.

vided (s. 2.) that this act shall not bar any persons by Exceptions.

reason of any fine levied, by any woman after the death
of her husband, contrary to the statute, 11 Hen. 7.c. 20.,
(ante page 519,) of lands of the inheritance or purchase
of the husband or his ancestors assigned to any such wo-
man in dower, for term of life or in tail : Nor by s. 3. to
any fine levied of lands, the owners whereof by any ex-
press words in any act of parliament, made since the
4 Hen. 7. c. 94. be restrained from making alienations.
And by s. 4. this act shall not extend to any fine to be
levied of any lands before the levying of such fine giren
to the persons levying of the same, or to their ancestors,
in tail, by letters patent, or by act of parliament, the
reversion whereof, at the time of the fine levied, shall

be in the king. This statute has been followed without Par. 1. st. 2. any deviation by the 10 Car. 1, st. 2. c. 8. Ir. By the

32 Hen.

S. 3.

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