No. V. 5 Henry IV. c. 14. 5 Hen. IV. c. 14. 5 Co. 39. 18 Ed. 1. st. 4, Modus levandi Fines altered by 31 El. c. 2. [ No. V. ] 5 Henry IV. c. 14.-Inrolling of Writs in the "ITEM, whereas many feet of fines of lands and tenements within the realm of England remaining in the King's treasury, and the notes of [ No. VI. ] 1 Richard III. c. 7.-Who shall be bound by IR. III. c. 7. ITEM, whereas it is ordained established and enacted in a Parliament the Fine shall be sent to the Justices of As ize of the County where the land lieth, ed there. three terms of the year next following the same ingrossing in the same All the clauses in this Act being copied almost verbatim with some additions in the statute next inserted, (4 Henry VII.) the statute of Richard is now become useless and obsolete. Cruise, 1 * II. Also it is ordained and established by the said authority of Parlia ment, That a like transcript of the same fine shall be sent to the justices of peace of the county where the said lands and tenements be, they to cause open and solemn proclamation of the said fine to be made at four general sessions of the peace to be holden in the same year. No. VI. 1 Rich. III. c. 7. + III. The said justices of assises, and also justices of peace, to certify A Transcript the same proclamation to the King's justices of the common place, at the sent to the Jus second day of return of the term then next following, after which procla- tices of Peace. mation done and certified, the said fine to be a final end, and to conclude + Who shall be as well privies as strangers to the same; except women covert, other than concluded by a be parties to the said fine, and every person or persons then being within Fine, who not. age, in prison, or out of this realm of England, or not of whole memory at the time of such fine levied. IV. And saving to every person or persons such right title claim and The immediate interest which they have to or in the said lands tenements and other right of hereditaments, at the time of such fine ingrossed, so that they do pursue Strangers saved, their said right title claim or interest, by way of action or lawful entry, if pursued in within five years next after the said proclamation made had or certified. time. V. And also saving to all other persons such action right title claim The right of and interest in and to all the said lands tenements and other heredita- Strangers in ments, which shall grow remain descend or come to them after the said Reversion fine ingrossed, by force of any gift in tail, or by any other cause or matter saved. had or made before the said fine levied, so that those persons take their said actions, or pursue their said right and title according to the law, within five years next after such actions right title claim or interest grown descended remained or come to them; and also that the said persons and their heirs may have their said action against the taker of the profits of the said lands tenements and other hereditaments at the time of such action to be taken. Actions maintainable against the Pernor of the Profits. The Right of Infants, Women, covert Persons, imprisoned, out of this Land, or not of whole An Entry must be made, or an action taken VI. And if the same persons at the time of such action right and title grown descended remained or come to them, be covert baron, or within age, or in prison, or out of this land, or not of whole memory; it is ordained established and enacted by authority aforesaid, That their actions right and title shall be reserved and saved to them and their heirs till the time they come and be at their full age, out of prison, within this land, unmarried, and of whole memory, so that they or their heirs take their memory, saved. said actions, or lawful entry, according to their right and title, within five years next after they come and be at their full age, out of prison, within this land, unmarried, and of whole memory, and pursue the same actions, or take their lawful entry with effect, according to the law of England. VII. Also by authority of the said Parliament, it is ordained established and enacted, that all such persons which be covert, not parties to the fine, and every person being within age, in prison, or out of this realm, or not of whole memory, at the time of the said fines levied and engrossed, by this Act of Parliament before excepted, having any right or title or cause of action to any of the said lands tenements and other hereditaments, that they or their heirs take their said actions or lawful entry, according to their right and title, within five years next after that the said persons come to be of full age, out of prison, unmarried, within this land, and also become of whole memory; and also sue the same actions, and take their lawful entry, and so pursue with effect, according to the law of the realm of England. And moreover, if they do not take their said actions and also their said lawful entry in the manner as is aforesaid, that then they shall be concluded by the said fines for ever, in like form as they that be parties and privies to the said fines levied and ingrossed. within five years after the Defects re moved. VIII. Also by the said authority it is ordained and established, That every fine which shall be from henceforth levied in any of the King's Fines at the courts of any manors lands tenements or other possessions, after the Common Law manner usage and form that fines have been levied before the making of be of the same this Act before rehearsed, shall be of like strength effect and authority as before. Any force they were fines so levied be or were before the making of this Act; this Act or any Person may other Act in this Parliament made or to be made notwithstanding. And levy a Fine according to this Statute or the Common Law. 424 No. VI. 1 Rich. III. c. 7. 4 Hen. VII. c. 24. that every person shall be at his liberty to levy any fine hereafter, as he will himself at his pleasure, after the manner contained and ordained in and by this Act, or after the manner and form before used. [ No. VII. ] 4 Henry VII. c. 24.-How often a Fine by the statute de Finibus, that notes and fines to be levied in the King's court afore his justices should be openly and solemnly read, and that pleas in the mean time should cease, and this to be done by two days in the week, after the discretion of the justices, as in the said statute more plainly appeareth:' The King our Sovereign Lord considereth, that fines ought to be of the greatest strength to avoid strifes and debates, and to be a final end and conclusion; and of such effect were taken afore a statute made of nonclaim, and now is used to the contrary, to the universal trouble of the King's subjects, therefore will therefore it be ordained, by the advice of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled, and by the authority of the same, That after the ingrossing of every fine to be levied after the feast of Easter, that shall be in the year of our Lord M.CCCC.XC. in the King's court, afore his justices of the common place, of any lands tenements or any other hereditaments, the same fine be openly and solemnly read and proclaimed in the same court the same term, and in three terms then next following the same ingrossing in the same court, at four several days in every term; and in the same time that it is so read and proclaimed, all pleas to cease. And the said proclamations so had and inade, the said fine to be a final end, and conclude as well privies as strangers to the same, except women covert (other than been parties to the said fine) and every person then being within age of rai. years, in prison, or out of this realm, or not of whole mind at the time of the said fine levied, not parties to such fine; and saving to every person or persons and to their heirs, other than the parties in the said fine, such right title claim and interest as they have to or in the said lands tenements or other hereditaments, the time of such fine ingrossed; so that they pursue their title claim or interest, by way of action or lawful entry, within five years next after the said proclamations had and made: And also saving to all other persons such action right title claim and interest in or to the said lands tenenients or other hereditaments, as first shall grow remain or descend or come to them after the said fine ingrossed and proclamation made, by force of any gift in the tail, or by any other cause or matter had and made before the said fine levied; so that they take their action, or pursue their said right and title, according to the law, within five years next after such action right title claim or interest to them accrued descended remained fallen or come: (1) And that the said persons and their heirs, (1) If a tenant in tail make a feoffment or bargain and sale, and the feoffee or bargainee levy a fine, the issue in tail have five years from the death of the tenant in tail, as no claim could be made by tenant in tail in his life time; but if the tenant in tail is disseised, the time begins to run immediately from the fine being levied; and the time having run against the ancestor, continues against the issue in tail, 3 Rep. 87. Plowden, 374. Penyston v. Lyster, Cro. Eliz. 896. If fine be levied by tenant in tail, the party in reversion or remainder has five years from the failure of the issue in tail. Plowden, 374. T. Raym. 151. If there be no person intitled to claim at the therefore if A, being entitled to a term of years in remainder, dies-and after the right to the term accrues in possession a fine is levied, there being no executor or administrator of A, the time only begins to run from the taking administration. Stamford's case, cited Cro. Jac. 61. A person having distinct rights, and barred by non-claim as to the one, is within the second saving of the statute as to the other, as if the tenant for life levy a fine, and the party in remainder does not claim in respect of the forfeiture within five years, he has five years from the death of the tenant for life; although the words of the statute are other persons-Laund v. Tucker, Cro. Eliz. 254. 3 Rep. 78. b. [But notwithstanding this saving, it was held in B. R. that the fine No. VII. c. 24. may have their said action against the pernor of the profits of the said lands and tenements and other hereditaments, at the time of the said action to be taken: And if the same persons at the time of such action 4 Hen. VII. right and title accrued descended retained or come unto them, be covert de baron, or within age, in prison, or out of this land, or not of whole mind, then it is ordained by the said authority, that their action right and title be reserved and saved to them and their heirs, unto the time they come and be at their full age of rri. years, out of prison, within this land, uncovert, and of whole mind, so that they or their heirs take their said actions or their lawful entry, according to their right and title within five years next after that they come and be at their full age, out of prison, within this land, uncovert, and of whole mind, and the same actions pursue, or other lawful entry take, according to the law. (2) And also it is ordained by the authority aforesaid, that all such persons as be covert de baron, not party to the fine, and every person being within age of rri. years, in prison, or out of this land, or not of whole mind, at the time of the said fines levied and engrossed, and by this said Act afore except, having any right or title or cause of action to any of the said lands and other hereditaments, that they or their heirs inheritable to the same take their said actions or lawful entry according to their right and title, within five years next after they come and be of age of rri. years, out of prison, uncovert, within this land, and of whole mind, and the same actions sue, or their lawful entry take and pursue, according to the law. And if they do not take their actions and entry as is aforesaid, That they and every of them, and their heirs and the heirs of every of them, be concluded by the said fines for ever, in like form as they be that be parties or privies to the said fines. Saving to every person or persons not party nor privy to the said fine their exception to avoid the same fine, by that, that those which were parties to the fine, nor any of them, nor no person or persons to their use, ne to the use of any of them, had nothing in the lands and tenements comprised in the said fine at the time of the said fine of tenant for life divests the remainder and turns it to a right which is not devisable. Goodright 2. Forrester, 8 East, 552, affirmed in the Exchequer Chamber on a different ground, mentioned infra.] So if lessee for years make a feoffment, and afterwards levy a fine, the lessor has five years from the expiration of the term of years. Whaley 2. Tancred, 1 Ventr. 241. T. Raym. 219;-and see Fermor's case, 3 Rep. 77. 2 And. 176. Saunders v. Lord Annesley, 2 Scholes and Lefroy, 99. But if it be not a new right, but only the same right which accrues a second time, the saving does not apply, as if tenant in tail make a lease which is void and levy a fine, and the person entitled in remainder do not enter within five years after the death of the ancestor, he has not a new five years after the expiration of the lease. Salvin v. Clerk, Cro. Car. 156. W. Jones, 211. The cognizee of a second statute has five years from the time of satisfaction of the first being entered on the record. Deighton v. Grenville, 2 Ventr. 333. 1 Sho. 36. Skinn. 260. The statute does not bar bishops rectors or persons entitled to lands in respect of offices for life; but each particular person is bound by a lapse of five years in his own time. Plowd. 538. In the case of Goodright v. Forrester, in the Exchequer Chamber, above referred to, 1 Taunt. 578. it was held, that if A, being tenant for life, with remainder to his own executors for forty years, levy a fine ;-and afterwards B, being en titled to the reversion in fee, devises to C for life with remainder to D, and C does not enter within five years from the expiration of the term of forty years, D has not five years from the death of C, (supposing the reversion devisable after the fine) for that as B or his heirs could not claim after the five years, he could not prolong the time by the limitations of his will. It was held by the Court, that the Plaintiff's title was that of the same estate which B had at the time of the fine levied, and which first accrued before the fine, and that the Plaintiff could not bring himself within the saving as the title did not first accrue to him after the fine as a distinct original title by matter before the fine. (2) It is established in the case of Howell v. Lord Zouch, Plowden 355, and confirmed in Doe on the demise of Durome. Jones, 4 T. R. 300, and several intermediate cases, that on every statute of limitation, if a disability be once removed, the time must continue to run notwithstanding any subsequent disability; and in the last mentioned case this was ruled to be the law whether the disability be voluntary or involuntary. So in case of disabilities or protections at common law against the right of entry being tolled by descent. See lessee of Carter v. Tash, 1 Salk. 241. See also 1 Inst. 338-246---353. It was first positively determined in Dittin v. Leman, 2 H. Bl. 584, that if a party die under disability, his heir not under disability must claim within the five years. No. VII. 4 H. VII. c. 24. levied. (3) And it is ordained by the said authority, that every fine that hereafter shall be levied in any of the King's courts of any manors lands tenements and other possessions, after the manner use and form that fines have been levied afore the making of this Act, be of like force effect and authority as fines so levied be or were afore the making of this Act; this Act or any other Act in this present Parliament made or to be made notwithstanding. And every person shall be at liberty to levy any fine hereafter at his pleasure, whether he will after the form contained and ordained in and by this Act, or after the manner and form aforetime used. (3) A fine levied by a person who has no estate of freehold at the time of levying it, is of no effect. A tenant for years may acquire the freehold, by making a feoffment upon which his fine will operate. See Whaley v. Tancred, 1 Ventr. 241. 1 Raym. 219. Parkhurst v. Smith, Willes, 317, 4 B. P. C. 405. 3 Atk. 135. In the case of a fine of a New River share, there not appearing to have been any entry or receipt of rent before the fine levied, Lord Hardwick held, that there was not a sufficient seisin to support the fine. Lord Townsend v. Ash, 3 Atk. 336. In Doe on the Demise of Osborne v. Spencer, 32 H. VIII. c. 36. Plowd. 246. 7 Co. 32. 9 Co. 140. 11 Co. 75. Bro. Assur. 6. Use 57. Bro. Taile, 2. 11 East, 495, it was held that the execution of a writ of possession on the evening of the first day of Term, (sixth November) together with a subsequent receipt of rent for the preceding halfyear, was sufficient evidence of seisin to support a fine levied in fact on the eighth of November; but having relation to the sixth, although there was not any actual change of tenant; and Lord Ellenborough said, that he should have thought that a receipt of rent after a fine levied for a period of time antecedent to the fine, was prima facie evidence of the party's possession by his tenant during the period for which the rent was received, unless fraud or contrivance appeared. [No. VIII. ] 32 Henry VIII. c. 36.-For the Exposition of the Statute of Fines. FORASMUCH as in the fourth year of the reign of the late King of famous memory, King HENRY the Seventh, Father of our most ' dread Sovereign Lord the King that now is, it was among many good and sundry statutes and ordinances then made for the common wealth, ' enacted ordained and established the form and manner how fines should be levied with proclamations in the King's court before his justices of 'his common place, and that such fines with proclamations so had and 'made, to the intent to avoid all strife and debates, should be a final end, and conclude as well privies as strangers to the same, certain persons 3 Co. 51, & 84.excepted and saved, as in the same statute more plainly appeareth; sithen which time, by diversity of interpretations and expounding of the same statute, it hath been and is yet by some manner of persons doubted and called in question, whether fines with proclamations levied or to be 'levied before the said justices, by any person or persons having or Bro. Feoffm. al. claiming to have in any manors lands tenements or hereditaments comprised in the same fine, in possession reversion remainder or in use any manner of estate-tail, should immediately after the said fine levied engrossed and proclamation made, bind the right heir and heirs of such ' tenant in tail, and every other person and persons seised or claiming to their use or uses; by occasion whereof divers debates controversies suits and troubles have been begun moved and had within this realm, and mo be like to ensue if remedy for the same be not provided; For the establishment and reformation whereof, and for the sure and sincere 2 Leon. 36, 5, interpretation of the said statute in avoiding all dangers contentions 62, 224. controversies ambiguities and doubts that hereafter may ensurge grow or happen, our said Sovereign Lord the King, with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, hath enacted and ordained, That all and singular fines as well heretofore levied as hereafter to be levied before the said justices with proclamations, according to the said statute, by any person or persons of full age of one and twenty years, of any manors lands tenements or hereditaments before the time of the said fine levied in any wise entailed to the person or persons so levying the same fine, or to any the ancestor or ancestors of the same person or Bro. Fines, 109, 118, 121. Co. Lit. 372, a. 1 Bulstr. 33. 13 Ed. 1. st. 1. c. 1. 1 Leon. 244. 3 Leon. 10. 1 Anders. 3,39, 141. Skinner, 95. 2 And.109, 114. Cro. Car. 435. Vin. V. 13, 264. Wood, Pt. 1. 530. |