No. 8. Entail, and against all other Persons claiming the same, or any Parcel 32 H. VIII. c 36. thereof, only to their Use, or to the Use of any Manner of Heir of the Bodies of them; any Ambiguity, Doubt or Contrariosity of Opinion, risen or grown upon the said Estatute to the contrary notwithstanding. (1) Inheritance of her be vid 11 H. 7, c. 20. II. Provided alway, That this Act, nor any Thing therein conA Fine levied by tained, shall extend to bar or exclude the lawful Entry, Title or the Wife of the Interest of any Heir or Heirs, Person or Persons, heretofore given or late Husband shall hereafter to be given, grown or accrued to them or any of them, in or to any Manors, Lands, Tenements and Hereditaments, by Reason of any Fine or Fines heretofore levied, or hereafter to be levied, by any Woman after the Death of her Husband, contrary to the Form, Intent and Effect of the Statute made in the said eleventh Year of the said King HENRY the Seventh, of any Manors, Lands, Tenements and Hereditaments, of the Inheritance or Purchase of the said Husband or of any his Ancestors, given or assigned to any such Woman in Dower, for Term of Life or in Tail, in Use or in Possession, but that the same Act made in the said eleventh Year of the said late King (1) By Virtue of this Enactment and the preceding Statute, 4 Henry VII. the Fine of a Party who is entitled to the Premises as Tenant in Tail, bars the Right of all who must necessarily convey their Descent through the Cognizor before they can make out their Title to the Estate ;-and the Fine of Tenant in Tail in Remainder, is equally a Bar to the Issue in Tail, as the Fine of a Tenant in Tail in Possession. So the Possibility of an Estate Tail in the Ancestor is sufficient to bar the Issue, as where the Issue in Tail levied a Fine in the Life of his Ancestor. See Archer's Case, 3 Rep. 90. The Fine of a Party who is Heir in Tail in Possession, bars the collateral Heirs claiming under the same Descent, and who must necessarily claim through the Cognizor, as if Lands be given to the Father and the Heirs of his Body, and the eldest Son after the Death of the Father levies a Fine, it is a Bar to the Younger; but a Fine levied by the Daughter being Issue in Tail, is no bar to a Son afterwards born; ner will a Fine levied by Issue in Tail who dies in the Life of the Ancestor be a Bar to the collateral Issue. (Mc. Williams' Case, Hob. 332, S. C. Sir Wm. Joues, by the Name of Godtrey v. Wade.) See the above Points more fully stated, with the Authorities, in Mr. Cruise's Treatise on Fines, Ch. 9. Although a Fine is not like a Recovery, a Bar to the Parties in Remainder or Reversion; yet if the Party in Remainder be collateral Heir to the Tenant in Tail in Possession levying the Fine, he is bound by the Warranty, which is always contained in the Fine as the Statute 4 & 5 Anne, c. 16, (ante Class I. No. 23) only makes void Warranties by Tenants for Life, and collateral Warranties by any Ancestor not having an Estate of Inheritance in Possession. See Cruise on Fines, Ch. 9. § 43. The Issue in Tail are barred by a Fine with Proclamations, although the Proclamations are not completed in the Life of the Cognizor, or at the Time of bringing the Formedon by the Issue. See 3 Rep. 84-90. There is a material Difference between the Effect of a Fine and a Recovery by Tenant in Tail, with a Reversion or Remainder in Fee to himself; for if a Tenant in Tail with Reversion in Fee to himself, levy a Fiue, the Effect of that is to create a base Fee, and that becomes merged in the other Fee, and lets in all the Incumbrances of the Ancestor, which has frequently happened in Practice, from a Person being ill advised to levy a Fine instead of suffering a Recovery. Per Lord Kenyon, in Roe ex. dem. Crow v. Baldwere, 5 T. R. 109. Accordingly, in the Earl of Shelburne v. Biddulph, 4 Bro. P. C. 394. an Estate was limited to the Father for Life, Remainder to the Sons successively in Tail, Remainder to the Father in Fee. A, the first Son, made a Lease tor three Lives, with Covenant for perpetual Renewal. A died without Issue, and B, the second Son, levied a Fine, and the Covenant was held to bind the Fee. So if Tenant for Life with Remainder to his Son in Tail, and the Reversion in Fee in himself, becomes indebted by Bond, or incumbers the Estate in any other Manner, if after the Death of such Tenant for Life, his Son levies a Fine, it will let in the Reversion in Fee, and make the Estate liable to all his Father's Incumbrances. Kinaston v. Clarke, 2 Atk. 204. See Cruise on Fines, Ch. 12. HENRY the Seventh shall stand, remain and be in full Strength and No. 8. Virtue in every Article, Sentence and Clause therein contained, in 39 H. VIII. c 36. like Manner and Form as though this present Act had never been had ne made. struined by Par III. Provided also, That this Act, ne any Thing therein con- A Fine levied by tained, do extend to any Fine or Fines at any Time heretofore him which is relevied, or hereafter to be levied, of any Lordships, Manors, Lands, liament shall be Tenements or other Hereditaments whatsoever they be, the Pos- void sessioners and Owners whereof, by reason of any express Words Keilw. 210. contained in any special Act or Acts of Parliament made or ordained since the said fourth Year of the Reign of the said late King HENRY the Seventh, stand, be bounden or restrained from making any Alienations, Discontinuances, or other Alterations of any of the same Lordships, Manors, Lands, Tenements or other Hereditaments, contained in the said Fine or Fines; but that all and every such Fine and Fines at any Time heretofore levied, or hereafter to be levied, by any such Person or Persons or their Heirs, of any such Lordships, Manors, Lands, Tenements or other Hereditaments, shall be of such like Force and Strength in the Law, and of none other Effect than the same Fine so levied, or to be levied, should have been if this present Act had never been had nor made; any Thing therein contained to the contrary thereof in any wise notwithstanding. A Fine levied of IV. Provided also, That this Act, nor any Thing therein contained, shall extend to any Fine or Fines heretofore levied of any Lands in Suit. Manors, Lands, Tenements or Hereditaments now in Suit, Demand or Variance, in any of the King's Courts, or whereof any Charters, Evidences or Muniments concerning the same, be now in Demand in A Fine of Lands the King's high Court of Chancery; nor to any Fine or Fines here. A Fine of Lands tofore levied of any Manors, Lands, Tenements or Hereditaments, before recovered. which before the first Day of this present Parliament have been reco- 1 And. 16. vered, gotten or obtained by Reason of any Judgment, Entry, Decree, Arbitrement, or other lawful Means, contrary to the Purport, Intent or Effect of any such Fine or Fines thereof heretofore levied; nor to any Fine or Fines heretofore levied, or hereafter to be levied, whereof the Reby any Person or Persons, of any Manors, Lands, Tenements or Here- version is in the ditaments, before the Time of the levying of the same Fine, given, granted or assigned to the said Person or Persons so levying the same Fine, or to any of his or their Ancestors in Tail, by Virtue of any one restrained by A Fine levied by Letters Patents of our said Sovereign Lord, or any of his Progenitors, Act of Parliament. or by Virtue of any Act or Acts of Parliament, the Reversion where- Dyer 32. of, at the Time of the same Fine or Fines so levied, being in our 6 Co. 55. said Sovereign Lord, his Heirs or Successors; but that every such & Co. 74. Fine and Fines shall be of like Force, Strength and Effect, as they Bro. Fines 121. were or should have been, if this Act had never been had nor made. No. 9. 34 & 35 Henry VIII. c. 20.-An Act to embar feigned Recovery of Lands wherein the King is in Reversion.* Bro Assur. 6. WHERE divers of the King's most noble Progenitors, and $$ & 35 H. VIIL especially the King our Sovereign Lord most liberally above all other, hath given and granted, or otherwise provided to his and See a full Account of this Statute 1 Inst. 372, b. The Statute only extends to Estates granted as a Reward to Services, and not to a Grant of Lands enfeoffed to the King previous to his Accession to the Crown, to the Intent that the same might be re-enfeoffed; and per Yates, J. c 20. No. 9. c. 20. The special Rea Gifts of Lands to certain Persons in sons of the King s Tail. 1 Anders. 46, 141, 171. Hob. 299. Moor 195, pl. 344. See 4 Bur.2223. ⚫ their loving and good Servants and Subjects, as well Nobles as other, $1 & 3 H. VIII. ‹ Manors, Meases, Lands, Tenements, Rents, Services and Heredita'ments, to them and to their Heirs Males of their Bodies, or to the Heirs of their Bodies lawfully begotten, minding at the Time of such Gifts not only to prefer and advance presently the Donees, but also their Heirs in Blood of their Bodies, according to the Limitation of the said Gifts; to the Intent that Recompence for the Service of such • Donées should not only bé á Benefit for their own Persons, but a continual Profit and Commodity to and for their Heirs coming of their Bodies, whereby such Heirs should have in special Memory and daily Remembrance the Profit that they have and take by the Service of their Ancestors done to the Kings of this Realm, and thereby be the better encouraged to do like Service to their Sovereign Lord, as to their Duties of Allegiance appertaineth. And forasmuch as sundry such Donees in Tail and their Heirs have suffered and daily suffer by their Consents untrue and feigned Recoveries to be had against them, with common Voucher or otherwise, of Manors, Meases, Lands, Tenements or Hereditaments so given, granted or 'provided in Tail, by the King's Majesty or his noble Progenitors, as is aforesaid, to the Intent by Fraud, Covin, and untrue Means, not only to bind and defeat their Heirs inheritable by the Limitation of such Gifts, but also the King of his Prerogative, Wardship, Primer Seisin and other his Rights; whereby Questions and Diversities of 'Opinions have risen, and yet be, whether such feigned and untrue Recoveries against such Tenants in Tail by their own Consents, of Lands, Tenements, or Hereditaments, whereof the Reversion of Remainder is in the King at the Time of such Recovery or Recove⚫ries had, should after the Death of the Tenant in Tail bind the Heits in Tail, or not.' 595. Dyer 32. Moor 115, pl. No Recompence III. And be it also further enacted by the Authority aforesaid, in Value against That the Heirs of every such Tenant in Tail, against whom any such the Voucher. feigned Recovery shall be had, shall take no Advantage for any Recompence in Value against the Voucher nor his Heirs. Tenant io Term against the The Lessee of IV. Provided alway, That this Act, nor any Thing therein Tail contained, be in any wise prejudicial or hurtful to the Lessee of shall enjoy his Lessees of any such Tenant in Tail, made or to be made by Writing Heir of the Les- indented, of any Manors, Lands, Tenements or Hereditaments, for Term of twenty-one Years, three Lives, or under, whereupon the accustomable Rent or Rents, or more, is or shall be reserved yearly during the said Term and Terms; but the same Lessee and Lessees sor. the Court will not stretch to enlarge the Interpretation of a Statute which prohibits the natural Right of Alienation by Tenant in Tail.-Perkins v. Sewell, 4 Bur. 2223, 1 Bl. Rep. 654. 449 c. 20. shall and may have and enjoy his or their Term and Terms therein against the Heir and Heirs of every sach Tenant in Tail, according to 34 & 35 H. VIII. the Tenor, Purport and Effect of the Statute made in the thirty-second Year of the Reign of our Sovereign Lord King HENRY the Eighth; 23 H. 8, c. 28. any Thing in this Act contained to the contrary thereof notwithstanding. No. 10. 34 & 35 Henry VIII. c. 22.-An Act that Fines in Towns Corporate shall be made as the same have been in Times past. HERE in the Parliament holden in the thirty-second Year of 34 & 35 HI VIII. our most dread Sovereign Lord King HENRY the Eighth, it WHE c. 22. was enacted by Authority of the said Parliament amongst other, 32 H. 8, c. 28. That no Fine, Feoffment, or other Act or Acts, hereafter to be 'made, suffered or done, by the Husband only, of Manors, Lands, Tenements or Hereditaments, being the Inheritance or the Freehold ' of his Wife, during the Coverture between them, shall in any wise 'be or make any Discontinuance thereof, or be prejudicial or hurtful 'to the said Wife, or to her Heirs, or to such as shall have Right, Title or Interest by the same by the Death of such Wife or Wives; but the same Wife and her Heirs, and such other to whom such Right shall appertain after her Decease, shall and may then lawfully ⚫ enter into all such Manors, Lauds, Tenements and Hereditaments, according to their Rights and Titles therein; any such Fine, Feoffment or other Act, to the contrary notwithstanding. Sithence the 'making of which Act, divers Doubts, Questions and Ambiguities have arisen, that is to say, whether the Recoveries and Deeds in'rolled, which be in Nature of Fine, and whereupon Women Covert ⚫ have been used to be examined, taken, had or acknowledged, as well within the City of London, as in many other Cities, Boroughs and Towns within the Realm of England, should bind all such Women 'Covert, that should happen to be examined upon the same Recove coveries, Deeds in Women Covert, in certain Corporate ries and Deeds inrolled: In avoiding therefore of all such Ambi- The Force of Reguities and Doubts, be it enacted by the King our Sovereign Lord, rolled, & Releases the Lords Spiritual and Temporal, and the Commons, in this present acknowledged by Parliament assembled, and by Authority of the same, That all Recoveries, Deeds inrolled, and Releases heretofore acknowledged and Towns. taken, or at any Time hereafter to be taken and acknowledged, before 18 Ed. 3, f. 29. the Mayors, Aldernien, Recorders, Chamberlains, or other Head Offi- 45 Ass. pl. 8. cer or Officers, as well of the City of London, as of any other City, Borough or Town Corporate within the Realm of England, having Power and Authority to take and receive the same, according to the laudable Usages and Customs of the said Cities, Boroughs and Towns, and every of them, shall stand and remain of like Force, Strength and Effect, to all Intents and Purposes, as they or any of them were before the making of the said Act in the said thirty-second Year of our said Sovereign Lord; any Thing in the same contained to the (1) contrary in any wise notwithstanding. (1) In Error to reverse a Fine levied before the Bailiffs of Shrewsbury, it was objected that it did not appear that they had any Authority to take Fines, and that they could not have it by Prescription, or by general Words in the King's Grant. And per Curiam, the Fine is void; for it appeareth not by what Authority it was levied; for it is in derogation of the Crown, and the Profits of the Crown. Waring v. White, Cro. Eliz. 314. and see 1. Leon. 188. S. P. Fines in inferior Courts have only the Operation of Fines at Common Law, and do not bar the Issue in Tail.~ Com. Rep. 624. 3 L No. 11. P. c. 26 ken before the Justices. 34 & 35 Henry VIII. c. 26.-An Act for certain Ordinances in the King's Dominion and Principality of Wales. 34 & 35 H. VIII. XL. Item, That Recoveries and Fines of Record, and Warrants Recoveries, Fines, of Attorney for the same, shall and may be taken before every of the Concords, &c. ta said Justices, of Lands, Tenements and Hereditaments within his Authority, by Force of his general Commission, without any Writ of Dedimus potestatem to be sued for the same, in like Manner and Form as is used to be taken before the King's Chief Justice of his Common Place in England. No. 12. 37 Henry VIII. c. 19.-The Bill of Fines in County Palatine. 37 H. VIII. c. 19. Fmmodity of the King's Subjects within this Realm, have ORASMUCH as divers good and beneficial Statutes, for the 1 Roll. 305. 33 H. 6, c. 2. Lancaster are of of the Common Pleas. 'heretofore been made by Authority of Parliament, concerning the levying of Fines with Proclamation, both for avoiding of Strife, and also for the Surety of the King's Subjects, to be had of and in Lands, Tenements and Hereditaments, by them purchased or obtained; ' which good and beneficial Statutes do not extend to Fines levied in the County Palatine of Lancaster :' II. Be it therefore ordained and enacted by the King our SoveFines levied in reign Lord, and the Lords Spiritual and Temporal, and the Commons, like Force as Fines in this present Parliament assembled, and by the Authority of the acknowledged be- same Parliament, That all and singular Fines, which at any Time fore the Justices hereafter shall be levied or knowledged before the Justices of our Sovereign Lord the King, or of his Heirs or Successors, of the County Palatine of Lancaster, commonly called Justices of Assise at Lancaster, or before one of them, of any Lands, Tenements or other Hereditaments, lying or being within the County Palatine of Lancaster, which shall be openly read and proclaimed three several Days in the open Sessions in the presence of the Justices of Assise at Lancaster, or of one of them for the Time being, at the same Sessions that the same Fines shall fortune to be ingrossed, and also that shall be openly read and proclaimed in the Presence of the Justices of Assise at Lancaster, or of one of them for the Time being, at the two next General Sessions that shall be holden in the said County Palatine of Lancaster, before the Justices of the same County, commonly called Justices of Assise at Lancaster, or before one of them, next after the levying or ingrossing of such said Fine, at three several Days in either of the said two Sessions, after such Manner and Form as is commonly used in the King's Court of his Common Place at Westminster, shall be of like Force, Strength and Effect in the Law, to all Intents, Constructions and Purposes, as Fines being duly levied with Proclamations before the King's Justices of his Common Place be or ought to be of. |