either of the faid parties to these prefents, their executors, administrators or affigns, fhall at any time hereafter during the faid refpective terms above granted, by colour or means of any former or other gift, grant, bargain, or fale or otherwife howfoever to be oulted or evicted of and from the poffeffion of either of the faid meffuages or tenements, and other the premises, so respectively granted in exchange as aforefaid, or any part thereof, then and in fuch cafes these prefents, and every matter and thing therein contained, fhall be utterly void, and of none effect, and then and therefore it fhall and may be lawful to and for the party or parties fo oufted or evicted, into his or their faid former meffuage or tenement and premifes, with all and fingular the appurtenances to re-enter, and the fame to have again, re poffefs, and enjoy as of his and their former eftate or eftates; any thing, herein contained to the contrary thereof, in any wife, notwith ftanding. Witness, c.

F

OF FEOFFMENT.

EOFFMENT is a grant or conveyance of lands and tenements to others in fee, to him and his heirs forever, by the delivery of the feizin and poffeffion of the thing. Livery and feizin is made in prefence of witneffes, all perfons being removed from the lands, &c. when the feoffee. or his attorney make an entry on the premises.

Formerly the deed of feoffment was the general convey. ance, but if livery and feizin could not be made, by reason there was a tenant in poffeffion, the reverfion was granted, and the particular tenant attained. Now the deed of leafe and release has taken place of this deed uniting the ufe to the poffeffion without actual entry. Sum. Laws Eng.

A Conveyance by Feoffment, with a Letter of Attorney to grant Livery and Seizin.

THI

HIS indenture made, &c. between A. B. of, &c. of the one part, and C. D. of, &c. of the other part, witneeth, That for and in confideration of the fum of; &c.

to the faid A. B. in hand well and truly paid, by the faid C. D. the receipt whereof the faid A. B. doth hereby acknowledge, and for other caufes and confiderations, him hereunto moving, he the faid A. B. hath granted, bargained, fold, aliened, enfeoffed and confirmed, and by these presents doth grant, bargain, fell, alien, and confirm unto the faid C. D. his heirs and affigns, All that, &c. and the reversion and reverfions, &c. (Here go on as in the Releafs. See under that article, until you come to To have, &c.) To have and to hold the faid, &c. unto the faid C. D. his heirs and affigns, to the only proper ufe and behoof of him the faid C. D. his heirs and affignsforever, and to and for no other ufe, intent or purpose whatfoever. And the faid A. B. for himfelf, &c. (Here go throughout the whole covenant in the Releafe. See under that article.) And lastly, the faid A. B. hath made, conftituted and appointed, and by these prefents doth make, constitute and appoint, E. F. of, &c. and G. H. of, &c. his true and lawful attornies, jointly and either of them feverally, for him and in his name, place and ftead, to enter into the faid, &c. and premifes, with the appurtenances hereby granted and conveyed, or mentioned or intended fo to be, or into fome part thereof in the name of the whole to enter, and full and peaceable poffeffion and feizin thereof, for him and in his name and stead, to take and have; and after fuch poffeffion and feizin thercof taken and had, the like full and peaceable poffeffion and feizin thereof, or of fome part thereof, in the name of the whole, unto the faid C. D. or to his certain attorney, for that purpofe authorised, to give and deliver ; To hold unto him the faid C. D. his heirs and affigns forever, according to the true intent and meaning of thefe prefents; the faid A. B. hereby ratifying, confirming and allowing all and whatfoever his faid attorney or attornies, or either of them, fhall lawfully do in the premises. In witnefs, Sc.

The Method of giving Livery and Scizin.

W

HERE poffeffion and feizin is to be given of lands, the feoffer, or perfon that grants, or fome by his deed authorifed, going upon any part of the land granted, delivers to the feoffee, or him to whom the grant is made, or to fome by his deed authorised to receive the fame, a gold

ring, or any other thing, but ufually a piece of clod or turf cut out of the land, and delivering it into the hands of the perfon that is to receive the poffeffion, and alfo holding in his other hand the deed of feoffment executed, expreffes himself thus, viz. I, A. B. (if the feoffer gives feizin) do hereby deliver unto you C.D. (if the feoffee receives it) poffeffion and feizin of the meuage or tenements, lands and hereditaments by his deed granted, To hold to you, your heirs and aligns forever, according to the parport, true intent and meaning of the faid deed.

Where the livery and feizin is to be given of a house, the feoffer takes the ring, the key, or other thing belonging to the door, and delivers the fame to the feoffee, the feoffer and feoffee both holding the deed of feoffment and the ring, or other thing of the door, and the feoffer uttering thefe words, I, A. B. do here deliver you poffeffion and fezin of this houfe, according to the tenor and effect of this deed.

If the livery be given by a perfon authorised, then fay, I, (mentioning the attorney's name) by virtue of the authority to me in that behalf given by A. B. in and by this letter of attorney, (He holding the letter of attorney in his hand, along with the deed of feoffment; but in cafe the letter of attorney be inferted in the deed itself, then say, in, and by this deed) do hereby,

a.

A Memorandum of Livery or Seizin given by`a Attorney appointed, how indorfed.

E it remembered, that on the

day of

in the year full, quiet and peaceable poffef fion and feizin was had and taken of the meffuage, &c. within mentioned, by one of the attornies within: named, and by him delivered over unto the within named To hold, &c. according to the purport, intent and meaning of the within written indenture, (But if the letter of attorney be a feparate deed from that of the feoffinent, then fay, Indenture or deed within mentioned) in prefence of L. M.

A

OF FINES AND RECOVERY.

Fines

FINE is a final agreement or conveyance upon record, for affuring of lands and tenements acknowledged in court by the cognizor to be the right of the cognizee. Or it is a covenant made before juftices, and entered on record, for conveying lands, &c. to cut off all controverfies. are distinguished into four forts, 1. A fine fur cognizance de droit come ceo, &c. (that is to fay) an acknowledgment of the right as it is, &c. which is esteemed the principal and fureft kind of fine, and gives prefent poffeffion to the cognizee, (the perfon to whom it is acknowledged) fo that the eftate thereby becomes immediately vefted in the cognizee to fuch uses as are declared. 2. A fine fur done, grant and render (that is to fay) on gift, grant and render, ufually called a double fine, whereby the cognizee grants or renders the lands, &c. back again. 3. A. fine fur conceffit (that is to fay) on grant, which is where the cognizor, the perfon that acknowledges the fine, has no freehold therein, but what paffes by the fine; wherefore this being a fine to be executed, there must be an entry on the lands, &c. or a writ of poffeffion, in law termed habere facias feiknam. 4. A fine jur cognizance de droit tantum (that is to fay) an acknowledgment of the right only, which is much of the fame nature with that of a fine fur conceffit, but commonly ufed to pass a reverfion. 2 Inft. 513.

When a feme cove:t (a married woman) levies a fine with her husband, fhe must be examined apart from him, without which the fire cannot pafs. Stat. 18 Ed. 1 Stat.

4:

The heirs of cognizors claiming under their ancestors' title, may be prefently barred by a fine; but it is not fo in refpect to ftrangers and fuch as are not previes in blood, who have five years allowed them to make entry and claim: Infants after they come of age, feme coverts after the decease of their husbands, prifoners after enlargement, ftrangers out of the government, after their return; and madmen, after being cured, &c. Co. Lit. 319. And no future interest can by a fine be barred, until five years after its coming in being. Raym. 151.

A fine will bar the heirs in tail, but not thofe in remainder or reverfion, whilst a common recovery bars them all. This common recovery is defined to be a formal act by confent, ufed for the better fettling and affuring of lands, &c. upon any man, wherein the recovery in value of fuppofed recompenfe for him who lofeth his land, is but a fic

tion in law.

In the fuffering or profecuting of a common recovery, there is a demandant called a recoverer, the person that recovers, and a tenant called a recoveree, the perfon for whom it is recovered; and one that is called to warrant on a fuppofed warranty, who is called the common voucher, or the perfon that warrants. The demandant is fuppofed to come into court, and the common vouchee to make default, and withdraw in contempt of the court, whereupon judgment is entered, that the demandant fhall recover against the defendant or tenant in tail, and he to recover in value against the common vouchee. Thefe recoveries are either with fingle, double, or treble vouchers. The intent of one with fingle voucher, is to bar the tenant and his heirs of fuch eftate tail, which is then in him, and to deftroy the estate which others have in reverfion or remainder, dependent upon the fame, and of all leafes and incumbrances derived out of fuch reverfions, &c. Noy 81.

A recovery with double voucher, is to bar the firft vouchee and his heirs, of every fuch eftate, as at any time was in him or any of his ancestors, whofe heir he is of fuch eftate, and all others of fuch right to a remainder or reverfion, as was thereupon dependent, and of all leafes and incumbrances derived out of fuch reverfion or remainder; and that will be alfo a perpetual bar of fuch estate. Noy 28, 82.

A recovery with treble voucher is to make a perpetual bar of the eftates of the tenant, and of every fuch eftate of inheritance as at any time had been in the firft or fecond vouchec, or any of them, whofe heirs he or they are of fuch eftate and as well of the reverfion or remainders thereupon depending, as alfo of all leafes, eftates, charges and incumbrances, derived out of any fuch prefent eftate, reverfion or remainder. Noy 82.

:

As fines and recoveries are a bar to and dock the refpective eftates already mentioned, fo by indentures to lead the ufes thereof, new eftates and entails are limited and created, fubject to farther fines and recoveries.