No. IV. c. 16. II. Provided always, That this Act nor any thing therein contained, extend to any maner lands tenements or hereditaments, lying or being 27 H. VIII. within any city borough or town corporate within this realm, wherein the mayors recorders chamberlains bailiffs or other officer or officers have authority, or have lawfully used to inroll any evidences deeds or other writings within their precint or limits; any thing in this Act contained Towns Corpoto the contrary notwithstanding. [No. V. ] 5 Elizabeth, c. 26.—An Act for the Inrolment of Indentures of Bargain and Sale in the Queen's Majesty's Courts of the Counties of Lancaster Chester and Bishoprick of Durham, shall be good in Law. rate, &c. may inroll. Dyer, f. 226. 27 H. 8. c. 16. WHERE in the Parliament holden upon prorogation at Westminster, 5 Eliz. c. 26. the fourth day of February in the 27th year of the reign of our late 'Sovereign Lord of most famous memory King HENRY the Eighth, and 'there continued and kept till the 14th day of April then next ensuing, it was enacted, That from the last day of July which was in the year of our Lord God one thousand five hundred thirty-six, no manors lands tenements or other hereditaments should pass alter or change from one to another, whereby any estate of inheritance or freehold should be 'made or take effect in any person or persons, or any use thereof to be made, by reason only of any bargain and sale thereof, except the same bargain and sale were made by writing indented sealed and inrolled in one of the King's courts of record at Westminster, or else within the same county or counties where the same manors lands or tenements so bargained and sold lie or be, before the Custos Rotulorum and two justices of the peace and the clerk of the peace of the same county or counties, or two of them at the least, (whereof the clerk of the peace to be one) and the same inrollments to be had and made within six ' months next after the date of the said writing indented; as by the same 'Act of Parliament among other things therein contained more at large it doth appear. II. And forasmuch as the same Act of Parliament doth not extend to make any inrollments of any deeds indented of such bargains and sales made of any manors lands tenements or hereditaments, lying and being within the counties palatine of Lancaster Chester and the 'bishoprick of Durham, to be good or of any force in the law in any the 'Queen's courts of record within the said counties palatine of Lancaster • Chester or bishoprick of Durham.” III. Be it now therefore enacted by the Queen our Sovereign Lady, with the assent of the Lords Spiritual and Temporal of this present Par liament assembled, and by the authority of the same, That from the Inrolments in Feast of Easter next coming, all inrollments of such writings indented, Lancaster (viz. as be mentioned 27 H. 8. c. 16.) of any bargain and sale, after the Chester and said Feast of Easter to be made of any manors lands tenements or other Durham, hereditaments, set lying or being in the counties of Lancaster Chester and bishoprick of Durham, being made and inrolled within six months next after the date of any such writings indented in the Queen's Court of Chancery at Lancaster, or before the Queen's justice or justices of assizes at Lancaster aforesaid, concerning any manors lands tenements or hereditaments within the said county of Lancaster; or in the Queen's Court of the Exchequer at Chester, or before the Queen's justice or justices of assizes at Chester aforesaid, concerning any manors lands tenements or hereditaments within the said county of Chester, or in the Court of Chancery at Duresme, or before the justice or justices of assize at Duresme aforesaid, concerning any manors lands tenements or hereditaments within the said county of the bishoprick of Duresme, shall be accepted reputed deemed and taken, by the authority of this Act, to be as good and available in law to all intents constructions and if purposes as the same writings indented had been made and inrolled in any of the VOL. I. 2 E No. V. 5 Eliz. c. 26. Queen's courts at Westminster; any thing contained in the said former IV. Provided always, That this Act nor any thing therein contained extend to any manors lands tenements or hereditaments, lying and being within any city borough or town corporate within any of the said counTowns Corpo- tries, wherein the mayors recorders chamberlains bailiffs or other officer or officers have authority, and have lawfully used to inrol any evidences deeds or other writing within their precinct or limits; any thing in this Act contained to the contrary notwithstanding. rate. 54 G. III. c. 168. Deeds, &c. executed without Memorandum of Attestation, deemed valid. To what Deeds [ No. VI. ] 54 George III. c. 168.-An Act to amend WHEREAS powers authorities and trusts are in many cases required II. And be it enacted, That this Act shall extend and be construed to This Act was occasioned by the decisions in Wright v. Wakeford, 4 Taunt. 213. Doe v. Peach, 2 M & S. 576, which were contrary to the general understanding and opinion of conveyIt is to be observed, that the operation of the Act is only retrospective. See some im ances. portant observations upon the subject in a letter for appointing new trustees and other powers authorities and trusts whatsoever, or made for evidencing assent consent request direction, or any other like circumstance in reference to the execution of any such powers authorities or trusts. No. VI. 54 Geo. III. c. 168. III. Provided always and be it further enacted, That this Act shall not extend nor be construed to extend to revive or give effect to any appoint- Act not to have ment revocation or other assurance heretofore made, as far as the same retrospective has been avoided by entry or claim, or by suit at law or in equity, or by operation; nor any other legal or equitable means whatsoever; nor shall this Act affect affect any existor prejudice any suit at law or in equity now depending, for avoiding ing suit at law, any deed or other instrument of appointment revocation or assurance. &c. IV. Provided always and be it further enacted, That if any person Appointments, who has made any such entry or claim, or who has brought any such &c. not affected. suit, or has defended any suit, for the purpose of avoiding any such appointment revocation or other assurance, should release the benefit of the same entry claim suit or defence within six calendar months next after the passing of this Act, then such entry or claim or suit or defence shall not prejudice or avoid any such appointment revocation or other assurance, but every such appointment revocation or other assurance shall be and remain in force under this Act as if no such entry or claim had been made or suit brought or defended. V. Provided always and be it further enacted, That nothing in this No Instrument, Act contained shall extend or be construed to extend to affect any ques- unless within tion respecting any instrument not within the provisions of this Act, and provisions of which may want any formality in the attestation of any witness or wit- Act, affected. nesses thereto, but such instrument shall have the same force and effect as it might have had if this Act had not been made; any thing in this Act contained notwithstanding. PART II. CLASS X. c. 1. 2 Inst. 121. Fines and Recoveries. [No. I. ] 18 Edward I. st. 4. (Modus levandi Fines.)— The Manner of levying of Fines. What Things be requisite to make them good, and who are bound by them. WHEN the writ original is delivered in presence of the parties before justices, a pleader shall say this, Sir Justice, Conge, de accorder; and 'the justice shall say to him,* What saith Sir R. and shall name one of the parties. Then when they be agreed of the sum of money that must be given to the King, then the justice shall say, Cry the Peace. And after the pleader shall say, In so much as peace is licensed thus unto you W. S. and A. his wife, that here be, do acknowledge the manor of B. with the appurtenances contained in the writ, to be the right of our Lord the King, which he hath of their gift to have and to hold to him and his heirs of the said W. and A. and the heirs of A. as in demeans rents seigniories courts pleas purchases wards 'marriages reliefs escheats mills advowsons of churches, and all other franchises and free customs to the said manor belonging, paying yearly to R. and his 'heirs, as chief lords of the fee, the services and customs due for all services. And it is to be noted, that the order of the law will not suffer a final 'accord to be levied in the King's court without a writ original, and that must be at the least before four justices in the Bench, or in Eyre, and not elsewhere, and in presence of the parties named in the writ, 'which must be of full age, of good memory, and out of prison. And if a ' woman covert be one of the parties, then she must be first examined by 'four of the said justices; and if she doth not assent thereunto, the fine 'shall not be levied. And the cause wherefore such solemnity ought to 'be done in a fine is, because a fine is so high a bar of so great force and of so strong nature in itself, that it concludeth not only such as be parties and privies thereto and their heirs, but all other people of the world, being of full age, out of prison, of good memory, and within the four seas, 'the day of the fine levied, if they make not their claim of their action within a year and a day by the country.' [ No. II. ] 27 Edward I. st. 1. c. 1. (De Finibus levatis.)— No Exception to a Fine that the Demandant was seised. Fines shall be openly read. Edw.I. st. 1. " FORASMUCH as fines levied in our court ought and do make an end all matters, and therefore are called Fines principally, where "after waging of battail or the great assise in their cases ever they hold "the last and final place. And now by a certain time passed, as well "in the time of King HENRY, of famous memory, our father, as in our "time, the parties of such fines and their heirs, contrary to the laws and customs of our realm of ancient time used, were admitted to adnul and "defeat such fine, alleging that before the fine levied, and at the levying "thereof, and since the demandants or plaintiffs, or their ancestors, were "alway seised of the lands contained in the fine, or of some parcel thereof; " and so fines lawfully levied were many times unjustly defeated and ad"nulled by jurors of the country falsely and maliciously procured;" we No. II. 27 Edw. I. 'therefore, intending to provide a remedy in the premises, in our Parlia'ment at Westminster have ordained, that such exceptions answers or inquisitions of the country shall from henceforth in no wise be admitted contrary to such recognizances or fines. And further we will, That this st. 1. c. 1. statute shall as well extend unto fines heretofore levied, as to them that 'shall be levied hereafter. And let the justices see that such notes and No Exception 'fines as hereafter shall be levied in our court, be read openly and to a Fine, that solemnly, and that in the mean time all pleas shall cease; and this the Demandant 'must be at two certain days in the week, according to the discretion of was always 'the justices.' seized. Rast. 349, &c. 3 Co. 68. Fitz. Replic. 62, 63, 66. 42 Ed. 3. f. 19. Fines shall be openly read, and then all pleas shall cease. 18 Ed. 1. st. 4. of Fines. 15 Ed. IÍ. Ed. 1. stat. 4. [ No. III. ] 15 Edward II. (Statutum de Carleol. de Finibus.)-The Conusor of a Fine shall come personally before the Justices. Where a Commission shall be awarded to take a Fine. Who may admit Attorneys. "THE King unto the justices of his Bench greeting-Whereas of late we have ordained that all such fines as are to be levied in our court be lawfully levied, which we will in no wise to be infringed or to be adnulled of their whole power, we have sent unto you our mind in writing firmly to 'be observed: that is to wit, That as well the parties demandant or plain- The Conusor tiff, as the tenants or defendants, that will yield or acknowledge their of a Fine shall ' right of lands or tenements unto other in pleas of warrantia charta cove- come personally 'nant and other whereupon fines are to be levied, afore you, before such before the Jus'fines do pass, the parties shall appear personally, so that their age idiocy tice, that his other default, (if any be) may be judged and discerned by you. Defects may be Provided notwithstanding, that if any person be by age or impotence de- discerned. crepit, or by casualty so oppressed and withholden, that by no mean he is able to come before you in our court, then in such case we will that two or one of you, by assent of the residue of the bench, shall go unto the party so deceased, and shall receive his cognisance upon that plea and form of plea that he hath in our court, whereupon the same fine ought to be levied. And if there go but one, he shall take with him an abbot a A Commission prior or a knight, a man of good fame and credit, and shall certify you to take a Fine. thereof by the record; so that all things incident to the same fine being examined by him or them, the same fines according to our former ordi or any Rast. 349, &c. i22. nance may be law fully levied. And we will not that any of our barons of Who may allow the exchequer or our justices shall admit any attorneys, but only in pleas Attorneys in that pass afore them in the benches and in places where they be assigned every Court. by us. And the same power of admitting attorneys we prohibit and deny Rast. 96. to the clerks and servants of the said barons and justices; and do ordain that if any attorneys be admitted hereafter by any of the persons aforcsaid, their admission shall be of none effect. Reserved alway to the The Lord Chancellor for the time being his authority in admitting attorneys, ac- Chancellor and cording to whose discretion they shall be admitted; and to our chief Chief Justices justices, as heretofore hath been observed in the admission of attorneys. may admit AtWe will also that this our ordinance shall take effect and begin at the torneys. utas of the Trinity next ensuing. Given at our Parliament at Carlisle, the fifteenth year of our reign.' [No. IV. ] 34 Edward III. c. 16.-Non-claim of Fines shall hereafter be no Bar. ITEM it is accorded, That the plea of non-claim of fines, which from 34 Ed. III. c. 16. henceforth be to be levied, shall not be taken nor holden for any bar ' in time to come.' Co. Lit. 262, a, |