Of this there are indentures made or engrossed at the chirographer's office, and delivered to the cognizor and cognizee; beginning with these words, "This is the final agreement, &c." and then stating the whole proceeding at length. Thus the fine is, at common law, completely levied ; and it begins to operate from the return of the writ of covenant. (r) But in order to render the fine more universally public, and less liable to be levied by fraud or covin, further solemnities are superadded by several statutes. By 27 Edw. 1. c. 1. the note of the fine must be openly read in the Court of Common Pleas, at two several days in one week; and during such reading all pleas are to cease. By 5 Hen. II. c. 14. and 23 Eliz. c. 3. all the proceedings on fines, either at the time of acknowledgment, or previous or subsequent thereto, shall be enrolled of record in the Court of Common Pleas. By 1 Rich. III. c. 7., confirmed and enforced by 4 Hen. VII. c. 24., the fine after ingrossment is to be openly read and proclaimed in Court (during which all pleas are to cease) sixteen times, viz. four times in the term in which it is made, and four times in each of the three succeeding terms, which by 31 Eliz. c. 2. is reduced to once in each term. These proclamations are indorsed on the back of the (r) Jenk. 250, 3 P. W. 170. 2 Bro. 711. Of the several kinds of fines. A PRACTICAL TREATISE fine, and are considered as matters of record. It is also enacted by 23 Eliz. c. 3. that the chirographer of fines shall every term write out a Table of the fines levied in each county in that term, and shall affix them in some open part in the Court of Common Pleas all the next term: and shall also deliver the contents of such Table to the sheriff of every county, who shall at the next assizes fix the same in some open place in the Court, for the more public notoriety of the fine. Since the stat. 4 Hen. VII. fines have been distinguished into fines at common law, and fines with proclamations, or according to the statute. It is in the election of every person who levies a fine to have it proclaimed in the usual manner; and if the cognizee dies before the proclamations are made, his heirs may cause the fine to be proclaimed. (s) But it has long been the practice to proclaim every fine, (t) so that all fines now levied are fines according to the statute; though if any of the proclamations appear not to have been made, or to have been made out of term, or on a Sunday or other dies non juridicus, the proclamations are reversible; (u) and when they are reversed, the fine will only (s) Dyer 254. a. (t) Per the chirographer. (u) Fish v. Broket, 2 Dyer 181.b. operate as a fine at common law. (v) But if the fine be erroneous, the proclamations are void because the fine is the principal.-Fines may further be divided into four kinds;-the first of which is called a fine sur cognizance de droit come ceo qu'il a de son done, or a fine upon acknowledgment of the right of the cognizee as that which he hath of the gift of the cognizor. This is the best and surest kind of fine; for the deforceant, in order to keep his supposed covenant with the plaintiff of conveying to him the lands in question, and at the same time to avoid the formality of an actual feoffment with livery of seisin, acknowledges in Court a former feoffment or gift in possession to have been made by him to the plaintiff; so that it is rather an acknowledgment of a conveyance, than a conveyance originally made; for the deforceant acknowledges, cognoscit, the right to be in the plaintiff or cognizee, as that which he had de son done of the proper gift of himself the cognizor.. (w) It passes an estate in fee simple without the word heirs, (x) unless the concord be qualified by express words of the parties, (y) for then lands may be limited to the cognizee for life or in tail. The second kind of fine is a (v) Butts v. Jennings, 1 Buls. 206. Dyer 216, a. (w) 5 Cruise, 91. 3d Edit. See Append. LXVI. (x) 1 Inst. 9. b. (y) 1 Salk. 340. fine sur cognizance de droit tantum, or acknowledgment of right merely; (=) not with the circumstance of a preceding gift from the cognizor. This is commonly used to pass a reversionary interest which is in the cognizor; for of such reversions there can be no feoffment or grant supposed, as the freehold and possession during the particular estate is vested in a third person. (a) It may also be used by a tenant for life, to make a surrender of his life estate to the person in remainder or reversion; and it is then called a fine upon surrender. (b) The third sort of fine is called a fine sur concessit; where the cognizor in order to make an end of all disputes, though he acknowledges no precedent right or gift, grants to the cognizee an estate de novo by way of supposed composition; which may be either an estate in fee, for life, or for years. (c) A fine sur concessit will not be allowed to be levied for the purpose of passing such estate as the party may have, by the description of "all and whatsoever he may have in the tenements." (d) The fourth sort of fine is called a fine sur done, grant, and render; (e) which is a double fine, (*) 1 Rep. 97, a. See (a) Moor 629. (c) 5 Cruise 93. 3d Edit. See Append. LXXVII. (d) Seymour v. Barker, 2 Taunt. 198. (e) See Append. LXXXV. comprehending the fine sur cognizance de droit come ceo, and the fine sur concessit. It is used in order to create particular limitations of estates; whereas the fine sur cognizance de droit come ceo, &c. conveys nothing but an absolute estate, either of inheritance, or at least of freehold but in this last description of fine the cognizee, after the right is acknowledged, renders or grants back to the cognizor some other estate in the lands. (f) The fine sur cognizance de droit come ceo, &c. is most generally used, because it conveys a clear and absolute freehold, and gives the cognizee a seisin in law, without any actual livery; it is therefore called a fine executed, whilst the others are only executory. The chief excellence of this fine, therefore, is, that it confirms and secures a suspicious title, and puts an end to all litigation after five years, where there is no disability: other conveyances and assurances admit an entry to be made upon the estate within twenty years, and in some instances the right may be disputed in a real action for sixty years afterwards. (g) Of the All judgments of Courts were, by the common law, allowed the utmost force in determining effect, and operation the rights of the contending parties; therefore of a fine. a fine being considered as a composition of a (f) 5 Cruise, 94. 3d Edit. (g) Christian's Blackstone, |