s. 6. Fees for inrolnunt. s. 9. "fect of a fine. Edw. 1. st. 4. E. & I. 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 quæ 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 be called the office of inrolment of writs for fines, (and recoveries ;) and the justices of the common pleas (other than 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, víz. 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, £5. And it shall be lawful for the justices to take order in all things that shall be needful 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 recoveries); the said fine and amerciament to be estreated. 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 examination thereof by the justices.* As to the force and effect of a fine. By the 18 Edw. 1. st. 4. E. & I. which prescribed the mode of levying fines, (ante page 566,) it was declared that the cause of such * The 32 Geo. 2. c. 14. Eng. which regulates the payment of the pre-fines and post-fines, and the duties of the clerks and officers in the alienation office, is a statute which seems rather to concern the king's ancient revenue, ve pagя 198. 1 Ric. 3. c. 7. s. 3, 4, 5, 6, E. I. 4 & Hen. 7. c. 24. E. & I. 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. 1. 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. and 4 Hen. 7. c. 24. E. & I. every fine, after the ingrossing, reading, and proclaiming, (as above mentioned) shall 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 to all other persons such right as shall come to them, af- claim a bar after ter the fine ingrossed and proclamation made, by force of any gift in tail, or other cause had, before the fiue 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 time 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 covert, 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. Plea of non 5 years. 4 Ann. c. 16. s. Eng. 615. s. 16. Ir. No entry suffi- action thereupon within a year. 32 Hen. 8. e. 36. Eng. Fine by tenant in tail bars issue. &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 the fine levied. But by the 4 Ann. c. 16. s. 15. Eng. no claim or entry shall be of force to avoid any fine levied with proclamations in the common pleas, (or in the courts of sessions in the counties palatine, or of grand sessions in Wales) or shall be a sufficient entry or claim within the statute of limitations, (21 Jac. 1. c. 16.) unless 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 provision. By the 32 Hen. 8. c. 36. Eng. all fines levied before the justices with proclamations according to the statute (viz. 4 Hen. 7. c. 24.) by persons of full age, of lands before the fine levied entailed to the persons levying 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. Provided (s. 2.) that this act shall not bar any persons by 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 woman in dower, for term of life or in tail: Nor by s. 3. to any fine levied of lands, the owners whereof by any express words in any act of parliament, made since the 4 Hen. 7. c. 24. 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 given 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 1. st.2. any deviation by the 10 Car. 1. st. 2. c. 8. Ir. By the 32 Hen. s. 2. Exceptions. s. 3. s. 4. ar. 'r. c. 29. s. 8. The husband's fine, &c. of the wife's land shall not prejudice her, or her heirs. 6. 7. 32 Hen. 8. c. 28. s. 6. Eng. no fine, feoffment, or other 32 Hen. 8. act, by the husband only of any lands, &c. being the in- Eng heritance or freehold of his wife, during the coverture between them, shall make any discontinuance thereof, or be prejudicial to the wife or her heirs, or to such as shall have title to the same by the death of such wife; but such wife and her heirs, and others to whom such right shall appertain after her decease, may enter into such lands, &c. according to their rights and titles therein, notwithstanding any such fine, &c. ; fines levied by the husband and wife, whereunto the said wife is party and privy, only except: provided (s. 7.) that this clause, or act, shall not extend to give any liberty to any wife, or to her heirs, to avoid any lease of the inheritance of the wife by the husband and her for 21 years, or under, or for 3 lives at the uttermost, whereupon as much yearly rent, or more, shall be reserved, as was at any time theretofore paid within 20 years next before making such lease, according to this act, (ante page 520.) But the 34 & 35 34 & 35 Her.s. Hen. 8. c. 22. Eng. which recites this act, declares that 22. Eng. all recoveries, deeds inrolled, and releases, taken and Exception as to acknowledged before the mayors and other head officers corporate touns. in London, and other corporate towns, (which be of the nature of fines) shall be of like force as if said recited act Proviso. Ir. had not been made. The 10 Car. 1. st. 3. c. 6. Ir. con- 10 Car. 1. st. 5. tains a clause (s. 4.) corresponding to the 32 Hen. 8. c. 26. C. 6. a. 4. & 5. s. 6. Eng. But the exception as to leases by the Irish act (s. 5.) is of those not exceeding 3 lives, or 41 years. &c. By the 32 Hen. 8. c. 7. s. 7. Eng. writs of covenant, Fines may be and other writs for fines and other assurances of any par- levied of tith's, sonage, vicarage, portion, pension, or other profit, called 32 Hen. 8. c. T. ecclesiastical or spiritual, shall be granted in the chancery, s. 7. Eng. as hath been used for lands, &c.: Which provision is also c. 12. s. 4. Ir. contained in the 33 Hen. 8. st. 1. c. 12. s. 4. Ir. 33 Hiền. 8. s $4. No recher IV. With respect to the force and effect of common recoveries: the 34 & 35 Hen. 8. c. 20. Eng. declares, that no feigned recovery had by assent of parties against any shall bar the tenant in tail of any lands, &c, whereof the reversion, or king. remainder, at the time of such recovery had, shall be in 34 & 35 the king, shall bind or conclude the heirs in tail, whether s. 1. & 2. Lng. any rights of the Hen. 8. c. 20. S. 9. 8. 4. 14 Fliz. c. 8. s. 1. & 2. Eng. nant for life void. any common voucher be had in such feigned recovery, or not; but after the death of such tenant in tail, the heirs in tail may enter according to the form of the gift of entail. By s. 3. the heirs of such tenant in tail, against whom such feigned recovery shall be had, shall take no advantage of any recompense in value against the voucher or his heirs. And by s. 4. this act shall not be prejudicial to the lessee of any tenant in tail, made by writing indented of any lauds, &c. for 21 years, 3 lives, or under, whereupon the accustomable rent or more shall be reserved; but such lessee may enjoy his term against the heir of such tenant in tail, according to the 32 Hen. 8. c. 28. Eng. (ante page 520,) No statute has been passed in Ireland similar to the 34 & 35 Hen. 8. c. 20. Eng. By the 14 Eliz. c. 8. Eng. where persons are seised of lands, &c. as tenants by the curtesy, tenants Recovery by te in tail after possibility of issue extinct, or otherwise for term of life, or of estates determinable upon life or lives, all recoveries by agreement of parties, or by covin, against any such particular tenant, or against any other with voucher over of such particular tenant, shall, as against such persons to whom any reversion or remainder shall appertain, be void. But by s. 3. this act shall not be prejudicial to any person that shall by good title recover lands by reason of any former right. And by s. 4. all recoveries of land by assent of any person to whom Except by assent of him in rever- the reversion or remainder thereof shall appertain, (so sion, &c. that the same assent appear of record in any court of the queen) shall be in like force against such persons that 10 Car. 1. st. 3. shall assent, as before this act. To which the 10 Car. I. st. 3. c. 11. Ir. is the corresponding statute in Ireland. Recoveries valid By the 14 Geo. 2. c. 20. Eng. al! common recoveries der of freehold in the court of common pleas, at Westminster, or in any other court having jurisdiction, of any lands, &c. the legal freehold estate of any part whereof shall be vested in any lessees for one or more lives, under particular rents reserved, shall without surrender of such leases, or without the concurrence of, or any conveyance from, such lessees, or other person claiming under such lessees, in order to make good tenants to the writs of entry, or other writs, shall s. 3. 5.4. c. 11. Ir. without surren leases. 14 Geo. 2. c. 20. Eng. be |