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PART II.

CLASS X.

FINES AND RECOVERIES.

(No. I.] 3 & 4 W. IV. c. 74.–An Act for the Abolition of

Fines and Recoveries, and for the Substitution of more simple Modes of Assurance.

[28th August 1833.] BE it enacted, &c., That in the construction of this act the word Meaning of

“lands ” shall extend to manors, advowsons, rectories, messuages, certain words lands, tenements, tithes, rents, and hereditaments of any tenure and expressions (except copy of court roll), and whether corporeal or incoporeal, and Lands." any undivided share thereof, but when accompanied by some expression including or denoting the tenure by copy of court roll, shall extend to manors, messuages, lands, tenements, and hereditaments of that tenure, and any undivided share thereof ; and the word "estate ” shall extend « Estate.”. to an estate in equity as well as at law, and shall also extend to any interest, charge, lien, or incumbrance in, upon, or affecting lands, either at law or in equity, and shall also extend to any interest, charge, lien, or incumbrance in, upon, or affecting money subject to be invested in the purchase of lands: and the expression

“ base fee" shall mean ex- ". Base fee." clusively that estate in fee simple into which an estate tail is converted where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise are not barred; and the expression “estate “ Estate tail.” tail,” in addition to its usual meaning, shall mean a base fee into which an estate tail shall have been converted ; and the expression “ actual “ Actual tenant tenant in tail” shall mean exclusively the tenant of an estate tail which in tail.” shall not have been barred, and such tenant shall be deemed an actual tenant in tail, although the estate tail may have been divested or turned to a right; and the expression “tenant in tail shall mean not only an

« Tenant in actual tenant in tail, but also a person who, where an estate tail shall tail.” have been barred and converted into a base fee, would have been tenant of such estate tail if the same had not been barred; and the expression “tenant in tail entitled to a base fee" shall mean a person entitled to a “ Tenant in tail base fee, or to the ultimate beneficial interest in a base fee, and who, entitled to a if the base fee had not been created, would have been actual tenant base fee." in tail; and the expression “money subject to be invested in the “ Money." purchase of lands ” shall include money, whether raised or to be raised, and whether the amount thereof be or be not ascertained, and shall extend to stocks and funds, and real and other securities, the produce of which is directed to be invested in the purchase of lands, and and the lands to be purchased with such money or produce shall extend to lands held by copy of court roll, and also to lands of any tenure in Ireland or elsewhere out of England, where such lands or any of them are within the scope or meaning of the trust or power directing or authorizing the purchase; and the word "person ” shall extend to “ Person.” a body politic, corporate, or collegiate, as well as an individual: and Number and every word importing the singular number only shall extend and be gender. applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons or things, and every word importing the masculine gender only shall extend and be applied

be

Vo. I. to a female as well as a male; and every assurance already made or 3 & 4 W. 4, hereafter to be made, whether by deed, will

, private act of parliament, c. 74. or otherwise, by which lands are or shall be entailed, or agreed or

directed to be 'entailed, shail be deemed a settlement; and every apSeillement.

pointment made in exercise of any power contained in any settlement,
or of any other power arising out of the power contained in any settle-
ment, shall be considered as part of such settlement, and the estate
created by such appointment shall be considered as having been created
by such settlement; and where any such settlement is or shall be made
by will, the time of the death of the testator shall be considered the
time when such settlement was made: Provided always, that those
words and expressions occurring in this clause, to which more than one
meaning is to be attached, shall not have the different meanings given
to them by this clause in those cases in which there is any thing in the

subject or context repugnant to such construction.
No fine or re- II. That after the thirty-first day of December one thousand eight
covery to be

hundred and thirty-three no fine shall be levied or common recovery levied or suf- suffered of lands of any tenure, except where parties intending to levy fered after the a fine or suffer a common recovery shall, on or before the thirty-first 31st of Dec. day of December one thousand eight hundred and thirty-three, have 1833.

sued out a writ of dedimus, or any other writ, in the regular proceedings
of such fine or recovery; and any fine or common recovery which shall

be levied or suffered contrary to this provision shall be absolutely void. Persons liable III. That in case any person shall, after the thirty-first day of Decemafter 31st Dec. ber one thousand eight hundred and thirty-three, be liable to levy a 1833 to levy fine or suffer a common recovery of lands of any tenure, or to procure fines or suffer

some other person to levy a fine or suffer a cominon recovery of lands of recoveries un

any tenure, under a covenant or agreement already entered into or here.. der covenants to effect the

after to be entered into, before the first day of January one thousand

eight hundred and thirty-four, then and in such case, if all the purposes tended by

intended to be effected by such fine or recovery can be effected by a means of this disposition under this act, the person liable to levy such fine or suffer act; but in any such recovery, or to procure some other person to levy such fine or case where the suffer such recovery, shall after the thirty-first day of December one purpose of a

thousand eight hundred and thirty-three, he subject and liable under tine or recovery such covenant or agreement to make or to procure to be made such a cannot be so

disposition under this act as will effect all the purposes intended to be effected the

effected by such fine or recovery ; but if some only of the purposes inpersons liable

tended to be effected by such fine or recovery can be effected by a disto levy fines or suffer recove

position under this act, then the person so liable to levy such fine or ries shall exe

suffer such recovery, or to procure some other person to levy such cute a deed fine or suffer such recovery as aforesaid, shall, after the thirty-first day which shall of December one thousand eight hundred and thirty-three, be subject have the same and liable under such covenant or agreement to make or procure to be operation as the made such a disposition under this act as will effect such of the purposes fine or reco- intended to be effected by such fine or recovery as can be effected by a very. disposition under this act; and in those cases where the purposes in

tended to be effected by such fine or recovery or any of them cannot be
effected by any disposition under this act, then the person so liable to
levy such fine or suffer such recovery, or to procure some other person to
levy such fine or suffer such recovery as aforesaid, shall, after the thirty-
first day of December one thousand eight hundred and thirty-three, be
liable under such covenant or agreement to execute or to procure to be
executed some deed whereby the person intended to levy such fine or
suffer such recovery shall declare his desire that such deed shall have
the same operation and effect as such fine or recovery would have had
if the same had been actually levied or suffered ; and the deed by
which such declaration shall be made shall, if none of the purposes
intended to be effected by such fine or recovery can be effected by a dis-
position under this act, have the same operation and effect in every res-
pect as such fine or recovery would have had if the same had been
actually levied or suffered : but if some only of the purposes intended

purposes in

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to be effected by such fine or recovery can be effected by a disposition No. under this act, then the deed by which such declaration shall be made 3 & 4 W. 4, shall, so far as the purposes intended to be effected by such fine or c. 74. recovery cannot be effected by a disposition under this act, have the same operation and effect in every respect as such fine or recovery would have had if the same had been actually levied or suffered.

IV. That no fine already levied in a superior court of lands of the Fines and retenure of ancient demesne which hath not been reversed, and no fine coveries of hereafter to be levied of lands of that tenure, shall, upon a writ of lands in ancient deceit already brought by the lord of the manor of which the lands were demesne, when parcel, the proceedings in which are now pending, or upon a writ of levied or sufdeceit which at any time after the passing of this act may be brought perior court, by the lord of the said manor, be reversed as to any person except the lord of the said manor ; and the court shall order such fine to be ed as to the

may be reversvacated only as to the lord of the said manor; and every such fine lord by writs of which may be reversed as to the lord of the said manor upon such writ deceit, the proof deceit ás aforesaid shall still remain as good and valid against and as ceedings in binding upon the conusors thereof, and all persons claiming under which are now them, as such fine would have been if the same had not been reversed pending, or by by such writ of deceit as aforesaid ; and no common recovery already writs of deceit suffered in a superior court of lands of the tenure of ancient demesne hereafter to be which hath not been reversed, and no coinmon recovery hereafter to be brought, but suffered of lands of that tenure, shall, upon a writ of deceit already

shall be as valid brought by the lord of the manor of which the lands were parcel, the

against the

parproceedings in which are now pending, or upon a writ of deceit which

ties thereto, and

persons claimat any time after the passing of this act may be brought by the lord of

ing under them, the said manor, be reversed as to any person except the lord of the said as if not remanor , and the court shall order such recovery to be vacated only as to versed as to the the lord of the said manor; and every such recovery which may be re- lord. versed as to the lord of the said manor upon such writ of deceit as aforesaid shall still remain as good and valid against and as binding upon the vouchees therein, and all persons claiming under them, as such recovery would have been if the same had not been reversed by such writ of deceit as aforesaid.

V. That if at any time before or after the passing of this act a fine or Fines and recommon recovery shall have been levied or suffered, or shall be levied coveries of or suffered in a superior court, of lands of the tenure of ancient lands in ancient demesne, and subsequently to the levying or suffering thereof a fine or demesne levied common recovery shall have been or shall be levied or suffered of the or suffered in same lands in the court of the lord of the manor of which the lands had the manor been previously parcel, and the fine or common recovery levied or suf- court, after

other fines and fered in such superior court shall not have been reversed previously to

recoveries in a the levying of the tine or the suffering of the common recovery in the superior court, lord's court, then and in every such case the fine or common recovery shall be as valid levied or suffered in the lord's court shall, notwithstanding the altera- as if the tenure tion or change of the tenure by the fine or common recovery previously had not been levied or suffered in the superior court, be as good, valid, and binding changed. as the same would have been if the tenure had not been altered or changed; and that in every other case where any fine or common reco- Fines and revery shall at any time before the passing of this act have been levied or coveries shall suffered in a court whose jurisdiction does not extend to the lands of not be invalid which such fine or recovery shall have been levied or suffered, such in other cases, fine or recovery shall not be invalid in consequence of its having been though levied levied or suffered in such court, and such court shall be deemed a or suffered in court of sufficient jurisdiction for all the purposes of such fine or courts whose recovery; and in every other case where persons shall have assumed to

jurisdictions hold courts in which fines or common recoveries have been levied or

may not extend

to the lands suffered, and such courts shall be unlawful or held without due autho- therein comrity, the fines or common recoveries which at any time before the prised. passing of this act may have been levied or suffered in such unlawful or unauthorized courts shall not be invalid in consequence of their having been levied or suffered therein, and such courts shall be deemed

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No. I. courts of sufficient jurisdiction for all the purposes of such fines or 3 & 4 W. 4, recoveries. c. 74. VI. That in every case in which at any time, either before or after

the passing of this act, the tenure or ancient demesne has been or shall Tenure of an- be suspended or destroyed by the levying of a fine, or the suffering of cient desmene, a common recovery of lands of that tenure in a superior court, and the where suspend- lord of the manor of which the lands at the time of levying such fine or ed or destroyed suffering such recovery were parcel shall not reverse the same before by fine or re- the first day of January, one thousand eight hundred and thirty-four, covery in a

and shall not by any law in force on the first day of this session of parsuperior.court, liament be barred of his right to reverse the same, such lands, provided restored in cases in which the

within the last twenty years immediately preceding the first day of rights of the January, one thousand eight hundred and thirty-four the rights of the lord of the lord of the manor of which they shall have been parcel shall in any manor shall manner have been acknowledged or recognized as to the same lands, have been re. shall, from the said first day of January, one thousand eight hundred and cognized with- thirty-four, again become parcel of the said manor, and be subject to in twenty years. the same heriots, rents, aud services as they would have been subject

to if such fine or recovery had not been levied or suffered; and no writ
of deceit for the reversal of any fine or common recovery shall be
brought after the thirty-first day of December, one thousand eight hun-

dred and thirty-three.
Fines made VII. That if it shall be apparent, from the deed declaring the uses of
yalid without

any fine already levied or hereafter to be levied, that there is in the inamendment.

dentures, record, or any of the proceedings of such fine any error in
the name of the conusor or conusee of such fine, or any misdescription
or omission of lands intended to have been passed by such fine, then
and in every such case the fine, without any amendment of the inden-
tures, record, or proceedings in which such error, misdescription, or
omission shall have occurred, shall be as good and valid as the same
would have been, and shall be held to have passed all the lands
intended to bave been passed thereby, in the same manner as it would
have done if there had been no such error, misdescription, or

omission. (1)
Recoveries VIII. That if it shall be apparent, from the deed making the tenant
made valid to the writ of entry or other writ for suffering a common recovery
without amend-

already suffered or hereafter to be suffered, that there is in the exemment.

plification, record, or any of the proceedings of such recovery any
error in the name of the tenant, demandant, or vouchee in such reco-
very, or any misdescription or omission of lands intended to have been
passed by such recovery, then and in every such case the recovery,
without any amendment of the exemplification, record, or proceedings
in which such error, misdescription, or omission shall have occurred,
shall be as good and valid as the same would have been, and shall be
held to have passed all the lands intended to have been passed thereby,
in the same manner as it would have done if there had been no such

error, misdescription, or omission.
Saving jurisdic. IX. Provided always, That nothing in this act contained shall lessen
tion in cases or take away the jurisdiction of any court to amend any fine or
not provided common recovery, or any proceeding therein, in cases not provided
for.

for by this act. Recoveries X. That no common recovery already suffered or hereafter to be sufmade valid in fered shall be invalid in consequence of the neglect to inrol in due time certain cases a bargain and sale purporting to make the tenant to the writ of entry or where bargain other writ for suffering such recovery, provided such recovery would and sale is not have been valid if the bargain and sale purporting to make the tenant to duly inrolled.

the writ had been duly inrolled. Recoveries in. XI. That no common recovery already suffered or hereafter to be suf

recove ng of or com mon ri petent judice of the shall bi

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(1) The court refused to amend a fine in a case of misdescription cured by the above section. Lockington, dem. I Bing. N. C. 355.

tively

who we

fered shall be invalid in consequence of any person in whom an estate No. I. at law was outstanding having omitted to make the tenant to the writ 3 & 4 W. 4, of entry or other writ for suffering such recovery, provided the person c. 74. who was the owner of or had power to dispose of an estate in possession, not being less than an estate for a life or lives in the whole of the rents valid in conseand profits of the lands in which such estate at law was outstanding, or quence of there the ultimate surplus of such rents and profits after payment of any not being procharges thereout, and whether any surplus after payment of such per tenants to charges shall actually remain or not, shall, within the time limited for the writs of enmaking the tenant to the writ for suffering such recovery, have con- try made valid veyed or disposed of such estate in possession to the tenant to such

. writ; and an estate shall be deemed to be an estate in possession, notwithstanding there shall be subsisting prior thereto any lease for lives or years, absolute or determinable, upon which a rent is reserved, or any term of years upon which no rent is reserved.

XII. Provided always, That where any fine or common recovery Certain cases in shall before the passing of this act have been wholly reversed, such which fines and fine or recovery shall not be rendered valid by this act; and were any recoveries shall fine or common recovery shall before the passing of this act have been not be made reversed as to some only of the parties thereto or as to some only of valid by this the lands therein comprised, such fine or recovery shall not be ren- act. dered valid by this act so far as the same shall have been reversed; and where any person who would have been barred by any fine or common recovery if valid shall before the passing of this act have had any dealings with the lands comprised in such fine or recovery on the faith of the same being invalid, such fine or recovery shall not be rendered valid by this act; and this act shall not render valid any fine or common recovery as to lands of which any person shall at the time of the passing of this act be in possession in respect of any estate which the fine or common recovery, if valid, would have barred, nor any fine or common recovery which, before the passing of this act, any court of competent jurisdiction shall have refused to amend; nor shall this act prejudice or affect any proceedings at law or in equity, pending at the time of the passing of this act, in which the validity of such fine or recovery shall be in question between the party claiming under such fine or recovery and the party claiming adversely thereto; and such fine or recovery, if the result of such proceedings shall be to invalidate the same, shall not be rendered valid by this act; and if such proceedings shall abate or become defective in consequence of the death of the party claiming under or adversely to such fine or recovery, any person who but for this act would have a right of action or suit by reason of the invalidity of such fine or recovery shall retain such right, so that he commence proceedings within six calendar months after the death of such party:

XIII. 'l'hat after the thirty-first day of December one thousand eight As to the rehundred and thirty-three, the records of all fines and common recove- cords of fines ries levied and suffered in his Majesty's court of common pleas at West- and recoveries minster, and all the proceedings thereof, shall be deposited in such in the courts of places and kept by such persons as the said court of common pleas shall common pleas from time to time order or direct; and the records of all fines and com- and Lancaster, mon recoveries levied and suffered in his Majesty's court of common and the court pleas at Lancaster, and all the proceedings thereof, shall be deposited of pleas at Durin such places and kept by such persons as his Majesty's justices of ham, after the assize for the county palatine of Lancaster for the time being shall 31st Dec. 1833. from time to time order or direct; and the records of all fines and common recoveries levied and suffered in the court of pleas of the county palatine of Durham, and all the proceedings thereof, shall be deposited in such places and kept by such persons as the said court of pleas shall from time to time order or direct; and in the meantime the said records and proceedings shall remain in the same places respectively where they are now deposited, and be kept by the respective persons who would have continued entitled to the custody thereof if this act had

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