PART II. CLASS X. FINES AND RECOVERIES. [No. I.] 3 & 4 W. IV. c. 74.-An Act for the Abolition of BE it enacted, &c., That in the construction of this act the word Meaning of 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 No. I. 3 & 4 W. 4, c. 74. Settlement. No fine or recovery to be levied or suf fered after the 31st of Dec. 1833. Persons liable 1833 to levy fines or suffer recoveries under covenants to effect the purposes intended by means of this act; but in any case where the purpose of a fine or recovery cannot be so effected the persons liable to a female as well as a male; and every assurance already made or hereafter to be made, whether by deed, will, private act of parliament, or otherwise, by which lands are or shall be entailed, or agreed or directed to be entailed, shail be deemed a settlement; and every appointment made in exercise of any power contained in any settlement, or of any other power arising out of the power contained in any settlement, 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. II. That after the thirty-first day of December one thousand eight hundred and thirty-three no fine shall be levied or common recovery suffered of lands of any tenure, except where parties intending to levy a fine or suffer a common recovery shall, on or before the thirty-first day of December one thousand eight hundred and thirty-three, have 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. 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 fine or suffer a common recovery of lands of any tenure, or to procure some other person to levy a fine or suffer a common recovery of lands of any tenure, under a covenant or agreement already entered into or hereafter 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 intended to be effected by such fine or recovery can be effected by a disposition under this act, the person liable to levy such fine or suffer such recovery, or to procure some other person to levy such fine or suffer such recovery, shall after the thirty-first day of December one thousand eight hundred and thirty-three, be subject and liable under such covenant or agreement to make or to procure to be made such a disposition under this act as will effect all the purposes intended to be effected by such fine or recovery; but if some only of the purposes intended to be effected by such fine or recovery can be effected by a 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 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 intended to be effected by such fine or recovery as can be effected by a disposition under this act; and in those cases where the purposes intended 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 thirtyfirst 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 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: but if some only of the purposes intended to levy fines or suffer recoveries shall execute a deed which shall fine or reco very. to be effected by such fine or recovery can be effected by a disposition under this act, then the deed by which such declaration shall be made 3 shall, so far as the purposes intended to be effected by such fine or 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. No. I. & 4 W. 4, c. 74. fered in a su may be revers 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 by the lord of the said manor, be reversed as to any person except the perior court, lord of the said manor; and the court shall order such fine to be ed as to the vacated 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 as 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 common recovery hereafter to be brought, but suffered of lands of that tenure, shall, upon a writ of deceit already 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 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. shall be as valid ties thereto, and other fines and 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 fered in such superior court shall not have been reversed previously to recoveries in a the levying of the fine 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 jurisdictions recovery; and in every other case where persons shall have assumed to hold courts in which fines or common recoveries have been levied or suffered, and such courts shall be unlawful or held without due authority, the fines or common recoveries which at any time before the 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 M may not extend to the lands therein comprised. No. I. 3 & 4 W. 4, c. 74. courts of sufficient jurisdiction for all the purposes of such fines or recoveries. 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 rethe 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 within the last twenty years immediately preceding the first day of January, one thousand eight hundred and thirty-four the rights of the lord of the manor of which they shall have been parcel shall in any manner have been acknowledged or recognized as to the same lands, shall, from the said first day of January, one thousand eight hundred and thirty-four, again become parcel of the said manor, and be subject to 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 hundred and thirty-three. restored in cases in which the rights of the lord of the manor shall have been recognized with in twenty years. Fines made valid without amendment. Recoveries made valid without amendment. Saving jurisdic- Recoveries made valid in certain cases VII. That if it shall be apparent, from the deed declaring the uses of any fine already levied or hereafter to be levied, that there is in the indentures, 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 indentures, 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. (1) VIII. That if it shall be apparent, from the deed making the tenant to the writ of entry or other writ for suffering a common recovery already suffered or hereafter to be suffered, that there is in the exemplification, record, or any of the proceedings of such recovery any error in the name of the tenant, demandant, or vouchee in such recovery, 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. IX. Provided always, That nothing in this act contained shall lessen or take away the jurisdiction of any court to amend any fine or common recovery, or any proceeding therein, in cases not provided for by this act. X. That no common recovery already suffered or hereafter to be suffered shall be invalid in consequence of the neglect to inrol in due time 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 (1) The court refused to amend a fine in a case of misdescription cured by the above section. Lockington, dem. 1 Bing. N. C. 355. No. I. & 4 W. 4, c. 74. fered shall be invalid in consequence of any person in whom an estate at law was outstanding having omitted to make the tenant to the writ 3 of entry or other writ for suffering such recovery, provided the person 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 in certain cases. 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. act. 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 rendered 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. at Westminster XIII. 'That 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 |