Of search ing for a fine. to suspend the granting of a fiat of a fine upon an affidavit that the deforceant was between 90 and 100 years old, and imbecile in mind. (p) And where the estate of a married woman had been regularly sold with the consent of her husband, the conveyance executed by him, and the purchase money paid, the Court would not interfere to prevent the wife from levying a fine because her husband had since become non compos. (q) The proper place to search for a fine is at the king's silver office, where fines are entered in the office books every Term, alphabetically by the counties. The entry comprises the names of the parties, the parcels as they stand in the writ, the names of the commissioners before whom and the time when the fine was acknowledged, the return of the writ of covenant, the prefine and postfine, and the solicitor's name. The books contain these particulars of all fines levied from the first of Edward the VIth to the present time. A fine may also be searched for at the chirographer's office, where the names, counties, and places, are entered in the office books: but they do not here go further back than the reign of George III. (r) The (p) Price v. Watkins, 1 (q) Stead v. Izard, 1 N. R. 312. (r) The fines from the reign of Richard the First, to the end of the reign of George the Second, are in the 113 covery. proper place to search for recoveries is at the For a rewarrant of attorney office, where they are entered in the office books every Term, alphabetically, by the counties. The entry comprises the name of the county, the parcels as they stand in the writ, the names of the demandant, tenant, and vouchees, and the numbers of the rolls. These particulars the clerk of the warrants collects from the recovery rolls, which he receives from the prothonotary; and then delivers them over to the clerk of the essoigns, who files them in the treasury Chamber of the Court at Westminster Hall. The books in the warrant of attorney office, contain these particulars of all recoveries suffered from the 22d of Henry the VII, (s) to the present time. The entries at the King's silver and warrant of attorney offices up to the year 1733 are in Latin, and from that period in English. The charge for permission to search is four-pence a term; and the clerk at each office will make the search himself for the party applying on being paid the further fee of twopence per term. At the chirographer's eightpence a year is paid: but fourpence for a single term. Chapter House Westminster regularly arranged according to the year, term, and county; and in the earlier reigns, the CHAPTER VI. PRACTICAL DIRECTIONS FOR LEVYING AND PASSING Jurisdic tion of the Court of Pleas. THE Court of Common Pleas has exclusive Common jurisdiction in fines and recoveries of freehold lands and hereditaments, except as to such as lie in any of the counties palatine, the principality of Wales, the isle of Ely, or in corporate towns, whose Courts have power to hold pleas of land; so that with these exceptions, and unless the record be removed by writ of error. into the Court of King's Bench, all fines are levied and recoveries suffered in the Court of Common Pleas. Præcipe and concord. The first thing to be done in order to levy a fine is to prepare the præcipe and concord. The præcipe contains the name of the county where the lands and hereditaments lie, the names of the parties, the quantities (sufficiently ample to include all) and the description of the property to be passed by the fine; together with the name of the parish, or other local division in which the property is situate. (a) The form of the præcipe is the same in all fines. The concord contains the agreement of the parties; and as it designates the nature of the fine, it of course varies according to the intention of the parties, and the estate that is to be passed or limited by it. The fine however most frequently used is that sur cognizance de droit come ceo, &c. (b) The præcipe and concord must be written or ingrossed in a fair legible hand, upon parchment, in words at length; and the utmost care should be taken that there be no erasure or interlineation; (c) if any do occur, it must be carefully noticed in the affidavit of caption, (d) when the fine is acknowledged before Commissioners, (e) under a dedimus potestatem; and even then considerable difficulty may be expe(a) See App. XIV. XVII. If there be any difficulty in arranging the parcels in the præcipe, it will be found best to settle them with the cursitor, as the description in all the subsequent proceedings should correspond with that in the præcipe. (b) See ante, p. 5, 9. 11. the parties to a fine was written on an erasure in an acknowledgment taken abroad, the Court would not permit it to pass. Tippet v. Douglas, 2 Moore 375. 8 Taunt. 334. (d) See Rule, Hil. T. 26 & 27 Geo. 2. and Append. M. (e) See the form in which this is noticed, Append. XX. Acknowledgment rienced in passing the fine through its subsequent stages. (ƒ) The next step to be taken is to get the fine of fines. acknowledged by the cognizors. Of doing this there are four modes; first, in open Court, which is termed acknowledging at bar; secondly, before the Lord Chief Justice of the Court of Common Pleas, who possesses this peculiar authority virtute officii, from ancient custom and usage; (g) though, if he be a party to the fine, he cannot take the acknowledgment, quia judex in propria causa, which rule includes of course all other Judges and Commissioners ;-thirdly, before Commissioners appointed for the purpose under a writ of dedimus potestatem, issuing out of the Court of Chancery ;-fourthly, before any of the Judges, Barons, or Serjeants at law. In this case however a general dedimus must be sued out before or after the acknowledgment of the fine. + At bar. If the parties elect to acknowledge the fine at bar, or in other words in open Court, a copy of the præcipe must be made, and left with the cursitor of the county in which the lands lie, (f) For the form of the several The concord is written immediately under the præcipe in a narrower margin. See App. XVII. (g) 2 Inst. 512. |