DISCONTINUANCE, when a fine operates as a, 21; no discon-
tinuance of things lying in grant, 21.
DOWER barred by fine, 16. Where right to will accrue again, 16.
Estate in, when not barred by fine, 23.
ECCLESIASTICAL CORPORATION, when not barred by a
fine, 16. See CORPORATION.
ELEGIT, estates held by, when barred by fines, 17. See RECOVERY.
ENTRY, right of, for condition broken, when barred by fine, 17, 18.
Writ of, sur disseisin in le post, that upon which reco-
veries generally suffered, 27. Writ of, 150, 156, 158.
Form, 339. What necessary, if not bespoke before essoign
day of the term of which the recovery is desired to be, 150.
Must be signed by the attorney-general, 175. Prothonotary
not to file writ of, until so signed, 176. Writ of, must be
sued out before vouchee appears at bar, 188. Entries of re-
coveries on the rolls, what they contain, 153, 154, 157, 159,
160; forms of, 349-351, 360-362, 367, 371; of reversal,
374. See ADVOWSON.
EQUITABLE ESTATE, tenant in tail of a, may bar it by fine with
proclamations, 14, 16; or by a recovery, 46. Person en-
titled to rents and profits may make a good tenant to the
præcipe for an equitable recovery, 34.
ERASURE, 115, 145. Recovery acknowledged at Meerut disallowed.
for, 163.
ERRORS, for what fines not reversible, 193.-See REVERSAL.
ESTATE, in tail, for life, in reversion. See FINE.
EVIDENCE of fines what, 105; of proclamations what, 106;
necessary to prove seisin of freehold in some of the par-
ties, 107; of a recovery what, 108. After twenty years'
possession, deed making tenant to the præcipe evidence of
recovery, 108, 204, 205. Seisin of freehold in him to be
proved when, 109; where presumed, 109. Recovery itself
presumed after very long possession, 109. Uses of a fine or
recovery proved by deed to lead or declare them, or make
tenant to præcipe, 109, 110. Recovery to be valid after
twenty years, although deed making tenant to the præcipe
lost, if it appear that there was a good tenant of the free-
hold, 206.
EXEMPLIFICATION of a recovery, what, 45. Draft of, 154; by
whom signed, 155. Order requiring prothonotaries, on sign-
EXEMPLIFICATION-continued.
ing, to retain the writs and warrants of attorney, 173.
Forms of, 355, 364, 369.
EXECUTION, by writ of seisin, where awarded, 42; must appear
EXECUTORS, barred by fine and non-claim, 16.
EXPEDITION, effect of paying, 140–142.
FALSIFICATION of a recovery to whom allowed, 104, 105.
FEE SIMPLE,-See FINE, RECOVERY.
FELONY to levy a fine in the name of another, 120.
FEME COVERT, joining in fine, barred, 16. Fine or recovery the
only mode of passing estates of, 16, 17. Fine by in the ab-
sence of her husband, Court will not interfere to authenti-
cate, 56.
Examination of, as to her consent to fine or re-
covery, 117, 118, 120, 121, 146. See DOWER, JOINTURE,
TENANT to the PRÆCIPE.
FEOFFMENT, formerly used to make tenant to the præcipe, 30,
31. Why preferable, 31.
FINE, description of a, 2. Five parts of a, 3; cannot be levied
without an original writ, 3. When it begins to operate, 7.
Statutory solemnities to render fine more public, 7. At
common law, and with proclamations what, 8. Practice to
proclaim every fine, 8. Sur cognizance de droit come ceo
what, 9; passes a fee simple without the word "heirs,” 9.
Chief excellence of, 11. Levied by tenant for life operates
as a forfeiture, when and when not, 21, 22. Sur cogni-
zance de droit tantum what, 10. Used to pass reversionary
interests and surrender life estates, 10. Sur concessit what;
and of what estate not allowed to be levied, 10. Sur done,
grant et render what, 10. Alters the course of descent, 22.
Executed and executory what, 11. Effect and operation of,
with proclamations, 12. By tenant in tail bars his issue, al-
though the ancestor had only a possibility, 12, 13. In cases
of lineal, but not of collateral descent, 13. Estate tail in
a rent charge, or an advowson in gross, barred by, 13.
Not a bar to remainders or reversions expectant on an estate
tail, 14; unless tenant in tail have the immediate reversion
in fee in himself, 14. From one joint-tenant to another,
operates as a release, 19; operates as a confirmation, 19;
as an estoppel against whom, 20; bars a contingent re-
mainder by estoppel, 20; lets in incumbrances when, 20.
Effect of, when levied in confirmation of a prior convey-
ance, 21. When it does not bar the king or ecclesiastical cor-
porations, 22. No bar unless estate divested, 22, 28. By
women of estates in dower, or jointure; and by husbands
seised in right of their wives, when no bar, 23. Does not
bar a springing or shifting use, 23. Of what things it may
be levied, 59, 60. When the Court will vacate without writ
of error, 103. Allowed to be passed where the documents
had been mislaid in the cursitor's office more than a twelve-
month, 137; but not where the delay was owing to the at-
torney's negligence, 137, 138; but allowed to be perfected
where the clerk of the attorney had absconded, though ac-
knowledged more than twelve months, 138; and where ac-
knowledged six years since, 138. Where mislaid in the office
of the attorney for one of the deforceants, 138; but not
where papers not sworn to be mislaid, 139. Fine payable
to the crown on writ of entry what, 27.
FORFEITURE.-See FINE, RECOVERY.
FREEHOLD, an estate of, absolutely necessary to enable a person
to levy a fine, 56.
IDIOT, incapable of joining in a fine or recovery, 56.
INDENTURES of fine what, and where made, 5, 6, 7, 8, 139. Form
of, in a fine sur cognizance de droit come ceo, from two cog-
nizors, a man and his wife, of the wife's estate, to one cog-
nizee, 298; from two cognizors, a man and his wife, of the
husband's estate, to one cognizee, where it is not engrossed
in the same term, the writ of covenant is returnable, 302.
INFANT incapable of levying a fine or suffering a recovery, 56;
but a fine or recovery suffered by, must be reversed during
the minority, 56.
INFANT TRUSTEE may levy a fine, or suffer a recovery,
INROLMENT of writs upon which fines and recoveries levied and
suffered, 44, 192. Office for, 197. See BARGAIN and SALE.
INSPECTION of deeds disinheriting heir at law, his right of,
68, 69.
INTERLINEATION, 115, 145.
IRELAND, cognizors or vouchees residing in, sec ACKNOWLEDG-
JOINTURE barred by a fine, 16. Estate in when not barred by a
fine, 23.
JUDGMENT in a recovery, what and when given, 39, 40. When
void, 40. Relates to the returns of the writs of entry or sum-
mons, 40, 41.
Does not operate until writ of seisin exe-
cuted and returned, 43, 44.
JURISDICTION of the Court of Common Pleas in fines and re-
KING, The, when not barred by a fine, 22.
KING'S SILVER, what, 4.-See POSTFINE.
KING'S SILVER OFFICE, entries there, 135, 136, 141, 142.
What necessary if fine not brought to this office within a
year, 138.
Fines acknowledged more than twelve months
not to pass, without a rule of Court or judge's order, 189.
Clerk to enter and mark fines, 210. No fine valid until so
marked, 211.
KNIGHT, order of Court, requiring the name of a, to be inserted in
the writ of Dedimus potestatem to take acknowledgment of
fines or recoveries, 169.
LIBERTY, as to property comprised within a, 61-63.
LICENTIA CONCORDANDI what, 4. How entered; and what
the entry ought to contain, 5.
MISTAKE in a dedimus; what necessary to rectify, 265.
MITTIMUS and transcript, 152, 153, 157. Forms of, 344, 345.
MOTION to amend fine or recovery, 71. To stop them passing
through the offices, 111. Respecting fine or recovery not
to be made on the last day of term, 192.
NEGLIGENCE of solicitors in duly completing fines and reco-
veries, consequence of, 95. See DELAY, FINE.
NOTARIAL certificate. See CERTIFICAte.
NONCLAIM upon a fine with proclamations, when pleaded, to be
accounted for before title discussed, 15.
devisee, 16; and of executors, 16.
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