be carried to the chirographer's office within two months from this day, and that a neglect to comply with this rule shall be deemed a contempt of this Court.

No motion

to be made

fines or re

S.

[Hilary Term, 60 Geo. 3, and 1 Geo. 4.]

IT IS ORDERED by the Court, that from and respecting after the last day of this present Hilary Term, coveries on no motion shall be made at the bar, on the the last day of term. last day of any term, touching the amendment of any fine, or any of the proceedings thereon.

T.

[Statute 23 Elizabeth, c. 3.]

An Act for the reformation of errors in Fines and Recoveries.

"For the appeasing of suits, the avoiding of "false practices, deceits, devices, and misde

66

meanors, and for helping of negligences and

misprisions of clerks and officers, dangerous to "assurances of men's lands and hereditaments;" be it enacted by the Queen's most excellent Majesty our sovereign Lady, the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the of fines and same, That every writ of covenant and other writ

Inrolment

recoveries.

whereupon any fine heretofore hath been levied, or hereafter shall be levied, the return thereof, the writ of dedimus potestatem made for the knowledging of any of the same fines, the return thereof, the concord, note and foot of every such fine, the proclamations made thereupon, and the king's silver, and also every original writ of entry in the post, or other writ, whereupon any common recovery hath been suffered or hereafter shall be suffered or passed, the writs of summon. ad warrantizandum, the returns of the said originals and writs of summon. ad warrantizandum, and every warrant of attorney had or to be had as well of every demandant and tenant as vouchee, extant and remaining, or that shall be extant and in being, may upon the request or election of any person be inrolled in rolls of parchment, by such persons, and for such considerations, as hereafter in this Act shall be mentioned; and that the enrolments of the same, or of any part thereof, shall be of as good force and validity in Validity. law, to all intents respects and purposes, for so much of any of them so enrolled, as the same being extant and remaining were or ought by law to be.

errors,

II. And be it further enacted by the autho- For what rity aforesaid, That no fine, proclamations upon fines, &c. fines, or common recovery, heretofore had, aule.

not revers

What persons may

in what ca

ses, writs

of error.

levied, suffered or passed, or hereafter to be had, levied, suffered or passed, shall be reversed or reversable by any writ of error, for false or incongruous Latin, rasure, interlining, misentering of any warrant of attorney, or of any proclamation, misreturning or not returning of the sheriff, or other want of form in words and not in matter of substance.

III. Provided always, That this Act, nor any have, and thing therein contained, shall bar or exclude any person or persons from any writ of error which shall be had, taken or pursued, within five years next after the end of the Session of this present Parliament, upon any fine or recovery heretofore had or suffered, nor from any writ of error which shall be had, taken or pursued, upon any fine or recovery, heretofore levied, knowledged or had, which fine or fines, recovery or recoveries, or any part or parcel of them, or any of them, now is, or at any time before the first day of June, which shall be in the year 1582, shall be exemplified under the Great Seal of England, at and by the suit of any person that is or may be intituled to have or sue any writ of error, upon any the fines or recoveries heretofore passed; nor to bar any feme covert, or any person within the age of one and twenty years, or any person that is non compos mentis, in prison or beyond the

seas, of or from any writ of error, to be had or prosecuted, for the reversing of any fine or recovery, heretofore passed levied or suffered, so that such feme covert or her heirs within seven years next after that she become sole, and such person within the age of one and twenty years, or his heirs within seven years next after he shall come and be of full age of one and twenty years, and such person that is non compos-mentis, within seven years next after he shall become of sane memory, and in default thereof, the heirs of such person that is non compos mentis, within seven years next after the death of such person being non compos mentis; and such person in prison or his heirs, within seven years next after the same person shall be at liberty; and such person beyond the seas or his heirs, within seven years next after the return of such person into this realm of England, or the death of the said person, if he shall, before his return, die in any foreign country; shall sue, take and prosecute their writs of error, as their cases severally shall require, for reversing of any the said fines or recoveries heretofore passed levied or suffered.

dying

suit.

IV. Provided always, and be it further enacted Ancestor by the authority aforesaid, That if any person pending or persons shall, within the time and years afore mentioned, commence or sue his or their writs

Day and year cer

tified of acknowledgment

of error for the reversing of any the said fines or recoveries heretofore passed, which suit shall fortune to abate by the death of any of the parties to the same, that then it shall and may be lawful for his and their heirs, at any time within one year next after the said seven years expired, to have sue and take their writ of error for the reversing of every such fine and recovery; and if such heir be an infant within the age of one and twenty years, then within one year next after the full age of such infant any thing in this present Act contained to the contrary thereof in anywise notwithstanding.

V. And be it further enacted by the authority of this present Parliament, That every person of fine, &c. that shall at any time hereafter take the knowledge of any fine or warrant of attorney of any tenant or vouchee for suffering of any common recovery, or shall certify them or any of them, shall, with the certificate of the concord or warrant of attorney, certify also the day and year wherein the same was knowledged; and that no person that taketh any such knowledge of any fine, or warrant for any recovery, shall be bounden, or by any means enforced to certify any such knowledge or warrant, except it be within one year next after the said knowledge taken; and that no clerk or officer shall receive any writ of covenant or writ of entry, where