No. 13. 2 & 3 Edward VI. c. 28.-For Fines with Proclamation in the County Palatine of Chester. IN c. 28. levied of Lands in N humble wise shewn unto your Excellent Majesty, your true 2 & 3 Ed. VI. and faithful Subjects and Liege-Men, the Inhabitants of your 'Grace's County Palatine of Chester, That whereas heretofore by The Foice of Fines Authority of Parliament, divers necessary and beneficial Statutes Cheshire before have been made for and concerning the Levying of Fines with Pro- the High Justice 'clamation, which are not only necessary for the Preservation of of Chester, or the Quietness and Concord amongst your loving Subjects, and for the tenant. 'avoiding of Strife and Contention, but also for the great and perfect 34 & 35 H. 8, 'Assurance of all such Persons to whom any such Fines are levied of c. 13. any Lands, Tenements and Hereditaments; which said beneficial Deputy or Lieu Extended to Lands, &c. with ter § 3. * and necessary Statutes do not extend to any Fines to be levied within your said County of Chester :' In tender Consideration whereof, pleaseth it your most Excellent Majesty, that it may be enacted by your Highness, and the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That all and singular Fines, which at any Time hereafter shall be levied or acknowledged before the high Justice of our Sovereign Lord the King, or of his Heirs and Successors, of his County in the County of Palatine of Chester for the Time being, or before the Deputy or Lieu- the City of Chestenant Justice there for the Time being, of any Lands, Tenements or 43 Eliz. C. 15, other Hereditaments lying or being within the said County Palatine of Chester, which shall be openly read and proclaimed three several Days in the open Sessions, in the Presence of the Justice of the said County Palatine of Chester for the Time being, or before the Deputy or Lieutenant Justice there, at the same Sessions that the same Fine shall fortune to be ingrossed, and also that shall be openly read and proclaimed in the Presence of the Justice of the said County Palatine The Force of Fines of Chester, or before the Deputy or Lieutenant Justice there for the High Justice of Time being, at the two next General Sessions that shall be holden in Chester of Lands the said County Palatine of Chester, before the Justice of the said County Palatine, or before the Deputy or Lieutenant Justice there, next after the Levying and Engrossing 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 Common Pleas 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 Pleas be or ought to be of. levied before the in Cheshire. No. 14. 1 Mary, c. 7.-An Act touching Proclamations upon Fines. HEREAS upon Fines levied with Proclamations Doubts have Proclamations should have been made according to the Form limited for Proclamations upon Fines by the Statute made in the fourth Year ' of King HENRY the Seventh, and were not by Reason of such Adjournments had ne made, according to the Purvey of the same Estatute :' 1 Mary, c. 7. No. 14. fore the Justices II. Be it therefore enacted, That all Fines, as well heretofore 1 Mary, c. 7. levied as hereafter to be levied, before the Justices of the Common Fines levied be- Place, of any Manors, Lands, Tenements or other Hereditaments, of the Common whereupon the Proclamations have not or shall not, by Reason of Pleas shall be of Adjournment of any Term by Writ, be duly made, shall be of as good Force notwith- Force, Effect and Strength to all Intents, Constructions and Purposes, mations be not as if any Term heretofore so adjourned, or that at any Time hereafter made, by Reason shall be so adjourned, had been holden and kept from the Beginning of Adjournments to the End thereof not adjourned, and Proclamations therein made 18 Ed. 1, st. 4. according to the Form and Effect of the said Statute. stauding Procla 4 H. 7, c. 24. 27 Ed. 1, st. 1, Certain Fiues which thus Statute shall not extend Dyer 186. III. Provided always, That this Act shall not in any wise extend to any Fine heretofore levied of any Manors, Lands, Tenements or Hereditaments, now in Suit, Demand or Variance in any of the to Queen's Courts, or whereof any Charters, Evidences or Minuments concerning the same be now in Demand in the Queen's High Court of Chancery; nor to any Fine or Fines heretofore levied of any Manors, Lands, Tenements or Hereditaments, now in Suit, Demand or Variance in any of the Queen's Courts, or whereof any Charters, Evidences or Minuments concerning the same be now in Demand in the Queen's High Court of Chancery; nor to any Fine or Fines heretofore levied of any Manors, Lands, Tenements or Hereditaments, which before the first Day of this present Parliament have been recovered, gotten or obtained, by Reason of any Judgment, Entry, Decree, Arbitrament or other lawful Means, contrary to the Purport, Intent or Effect of any such Fine or Fines thereof heretofore levied. 5 Eliz, C. • Fines levied beAssize at Durham, fore the Justices of No. 15. 5 Elizabeth, c. 27.-An Act touching Fines to be levied in the County Palatine of Durham. IN N most humble wise shewen unto your most Excellent Majesty your true and faithful Subjects and Liegemen the Inhabitants of the County Palatine of Durham, That whereas by Authority of Parliament divers necessary and beneficial Statutes have been made for and concerning the levying of Fines with Proclamation, which are not only necessary for the Preservation of Quietness and Concord amongst your loving Subjects, and for the Avoiding of Strife and Contention, but also for the great and perfect Assurance of all such • Persons to whom such Fines are levied, of any Lands, Tenements or Hereditaments; which said beneficial and necessary Estatutes do 'not extend to any Fines to be levied within the said County Palatine ' of Durham:' In tender Consideration whereof pleaseth it your most Excellent Majesty, That it may be enacted by your Highness, and the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That all and singular Fines, which at any Time hereafter shall be levied or knowledged before the Justice or Justices of the County Palatine of Durham for the Time being, authorised for that Purpose and Cause, of any Lands, Tenements or other Hereditaments, lying or being within the said County Palatine of Durham, which shall be openly read and proclaimed two several Days in the open Sessions in the Presence of the Justices of Assize at Durham, or one of them for the Time being, at the same Sessions that the same Fine shall fortune to be ingrossed; and also that shall be openly read and proclaimed in the Presence of the Justices of Assize at Durham, or one of them for the Time being, at the two next General Sessions that shall be bolden in No. 15. the County Palatine of Durham before the Justices of the same County, commonly called Justices of Assizes at Durham, or one of 5 Ehz c. 27. them, next after the levying or ingrossing of such said Fine; shall be of like and of the same Force, Strength and Effect in the Law, to all Intents, Constructions and Purposes, as Fines being duly levied with Proclamations before the Queen's Justices of her Common Pleas at Westminster be or ought to be. No. 16. 14 Elizabeth, c. 8.-An Act for the Avoiding of Recoveries suffered by Collusion by Tenants for Term of Life, and such others. THERE divers Persons being seised or that have been seised of 14 Elizic 8. A Recovery had Life, without the mainder, shall be . 31. repealed. Co. Entr. 655, Recoveries against Courtesy of England, Tenants in Tail after Possibility of Issue ex- by the Assent of tinct, or otherwise, only for Term of Life or Lives, or of Estates Parties against Te determinable upon Life or Lives, have heretofore permitted and suf- ant for Term of ⚫fered other Persons by Agreement or Covin between them had, to Assent of him in ⚫ recover the same Lands and Tenements and other Hereditaments Reversion or Re' against the same particular Tenants in the Queen's Majesty's Court, you, and the Staor have permitted and suffered themselves to be vouched by other tate of 32 H. B. Persons, by Agreement or Covin between them had, in Recoveries • suffered of the same Lands, Tenements and other Hereditaments in 670. the Queen's Majesty's Court, to the great Prejudice of those to whom 2 Leon. 60, 63. the Reversion or Remainder thereof hath appertained or ought to • appertain :' II. For Remedy whereof be it enacted by the Queen's most Excellent Majesty, with the Assent of the Lord's Spiritual and Temporal, Tenants for Lite. and the Commons, in this present Parliament assembled, and by &c. by Covin shaid Authority of the same, That all such Recoveries hereafter to be had be void. Moor, 690,953. or prosecuted by Agreement of the Parties, or by Covin as is afore- Co. Entr. 15. said, against any such particular Tenant of any Lands, Tenements or Cro. El. 562. Hereditaments, whereof the same particular Tenant is, or hereafter shall be seised of any such particular Estate as is aforesaid, or against any other with Voucher over of any such particular Tenant, or of any having or that had Right or Title to any such particular Estate or Tenancy as is aforesaid, shall from henceforth, as against such Person or Persons to whom any Reversion or Remainder thereof by Force of any Conveyance or Device before that Time had or made, shail, ought or lawfully may appertain, and against their Heirs and Successors, be clearly and utterly void and of none Effect; any Law or Usage heretofore had to the contray thereof in any wise notwithstanding. II. Provided alway, That this Act nor any Thing therein con- Recovery by good tained shall extend or be prejudicial to any Person or Persons that shall Title. hereafter by good Title recover any Lands, Tenements or Hereditaments, without Fraud or Covin, by Reason of any former Right or Title; but that all and every such Recovery and Recoveries so to be be had or prosecuted upon former Rights or Titles, shall stand and be in like Force, Strength and Effect, as they were before the making of this Act; any Thing herein contained to the contrary in any wise notwithstanding. IV. Provided also, That all and every such Recovery and Reco- A Recovery by the veries to be had or prosecuted of any Lands, Tenements or Heredita- Assent of him in ments as aforesaid, by the Assent and Agreement of any Person or Remainder. Persons to whom any Reversion or Remainder thereof then shall or 10 Co. 43. the Reversion or No. 16. 14 Eliz. c. 8. A Repeal of the ought to appertain (so that the same Assent and Agreement do appear of Record in any Court of our Sovereign Lady the Queen's Majesty, her Heirs or Successors) shall stand and be in like Foree, Strength and of like Effect, against such Person and Persons that shall so assent and agree, their Heirs and Successors, as they were before the making of this Act; any Thing herein contained to the contrary in any wise notwithstanding. V Be it further enacted by the Authority aforesaid, That one Statute of 32 H 8, Act made in the two and thirtieth Year of our late Sovereign Lord 31, touching King HENRY the Eighth, entituled, An Act for the avoiding of e Recoveries. coveries by Collusion, by Tenants for Term of Life, shall be from the first Day of July next ensuing repealed, and shall no longer stand in Force. Co. Lit. 356. a 362. a. 23 Eliz. c. 3. Iarolment of Fines and Recoveries. 18 Ed. 1, st. 4. c. 1. 15 Ed. 2. 34 Ed. 3, c. 16. 5 H. 4, c. 14. 1 R. 3, c. 7. 4 H. 7, c. 24. 32 H. 8, c. 36. 1 Mar. Stat. 2, No. 17. 23 Elizabeth, c. 3.-An Act for the Reformation of Errors in Fines and Recoveries. Fits, Devices and Misdemeanours, and for Helping of Negligences and Misprisons of Clerks and Officers, dangerous to Assurances of Men's Lands and Hereditaments; Be it enacted by the Queen's most excellent Majesty our Sovereign Lady, the Lords Spiritual and Tem27 Ed. stat. 1, poral, aud the Commons, in this present Parliament assembled, and by the Authority of the same, That every Writ of Covenant and other Writ, whereupou any Fine heretofore hath been levied or hereafter shall be levied, the Return thereof, the Writ of Dedimus potestatem made for the Knowledging of any of the same Fines, the Retura thereof, the Concord, Note and Foot of every such Fine, the Proclamations made thereupon, and the King's Silver, and also every original Writ of Entry in the Post or other Writ, whereupon any Common Recovery hath been suffered or hereafter shall be suffered or passed, the Writs of Summon. ad Warrantizandum, the Returns of the said Originals and Writs of Summon. ad Warrantizandum, and every Warrant of Attorney had or to be had, as well of every Demandant and Tenant as Vouchee, extant and remaining or that shall be extant and in being, may upon the Request or Election of any Person, be inrolled in Rolls of Parchment by such Persons, and for such Considerations, as hereafter in this Act shall be mentioned; and that the Inrolments of the same, or of any Part thereof, shall be of as good The Validity of Force and Validity in Law, to all Intents, Respects and Purposes, for so much of any of them so inrolled, as the same being extant and remaining were or ought by Law to be. OR the Appeasing of Suits, the Avoiding of false Practices, De c. 7. the Inruimeut. Fines and Recoveries are not rever. sable. II. And be it further enacted by the Authority aforesaid, That For what Errors, no Fine, Proclamations upon Fines, or Common Recovery, heretofore had, levied, suffered or passed, or hereafter to be had, levied, suffered or passed, shall be reversed or reversable by any Writ of Error, for Ven. V. 13-211. false or incongrue Latin, Rasure, Interlining, Mis-entring of any Warrant of Attorney, or of any Proclamation, Mis-returning or Not V. 18--198. Wood Pt. 1.-530 and 595. By Statute 10 & 11 W. III. c. 4, (post Part IV. Title ERROR,) Writs of Error, for Fines and Recoveries, must be brought within twenty Years after the Fine levied or Recovery suffered, with the Exception in Case of Infancy, &c. In Lloyd v. Vaughan, 2 Str. 1237, it was hald, that a Writ of Error, atter twenty Years from levying the, Fine, &c. is too late, although brought within thatTime, after the Title accrued. returning of the Sheriff, or other Want of Form in Words and not in Matter of Substance. No. 17. 03 Elizc. 3. What Persons Fines or Recove III. Provided always, That this Act, nor any Thing therein contained, shall bar or exclude any Person or Persons from any Writ of may have Writs of Error which shall be had, taken or pursued, within five Years next Error to reverso after the End of the Session of this present Parliament, upon any ries, and in what Fine or Recovery heretofore had or suffered, nor from any Writ of Cases. Error which shall be had, taken or pursued upon any Fine or Recovery heretofore levied, knowledged or had, which Fine or Fines, Recovery or Recoveries, or any Part or Parcel of them or any of them, now is, or at any Time before the first Day of June, which shall be in the Year of our Lord God one thousand five hundred eighty-two, shall be exemplified under the Great Seal of England, at and by the Suit of any Person that is or may be intituled to have or sue any Writ of Error upon any the Fines or Recoveries heretofore passed: Nor to bar any Feme Covert, or any Person within the Age of one and twenty Years, or any Person that is Non compos mentis, in Prison or beyond the Seas, of or from any Writ of Error to be had or prosecuted for the Reversing of any Fine or Recovery heretofore passed, levied or suffered, so that such Feme Covert or her Heirs, within seven Years next after that she become sole, and such Person within the Age of one and twenty Years, or his Heirs within seven Years next after he shall come and be of full Age of one and twenty Years, and such Person that is Non compos mentis, within seven Years next after he shall become of sane Memory, and in Default thereof the Heirs of such Person that is Non compos mentis, within seven Years next after the Death of such Person being Non compos mentis, and such Person in Prison or his Heirs, within seven Years next after the same Person shall be at Liberty, and such Person beyond the Seas or his Heirs, within seven Years next after the Return of such Person into this Realm of England, or the Death of the said Person, if he shall before his Return die in any foreign Country, shall sue, take and prosecute their Writs of Error, as their Cases severally shall require, for reversing of any the said Fines or Recoveries heretofore passed, levied or suffered. IV. Provided always, and be it further enacted by the Authority A Remedy for aforesaid, That if any Person or Persons shall, within the Time and the Heir where Years afore mentioned, commence or sue his or their Writs of Error the Ancestor dies for the reversing of any the said Fines or Recoveries heretofore passed, pending the Suit, which Suit shall fortune to abate by the Death of any the Parties to the same; That then it shall and may be lawful for his and their Heirs, at any Time within one Year next after the said seven Years expired, to have, sue and take their Writ of Error for the Reversing of every such Fine and Recovery: And if such Heir be an Infant within the Age of one and twenty Years, then within one Year next after the full Age of such Infant; any Thing in this present Act contained to the contrary thereof in any wise notwithstanding. The Day and Wariant of Attor V. And be it further enacted by the Authority of this present Parliament, That every Person that shall at any Time hereafter take year shall be certhe Knowledge of any Fine or Warrant of Attorney of any Tenant or tified of the KnowVouchee for suffering of any Common Recovery, or shall certify them ledge of a Fanto or any of them, shall, with the Certificate of the Concord or War- ney for the sufferrant of Attorney, certify also the Day and Year wherein the same was ing of a Recovery. knowledged: And that no Person that taketh any such Knowledge of any Fine, or Warrant for any Recovery, shall be bounden, or by any Means inforced to certify any such Knowledge or Warrant, except it be within one Year next after the said Knowledge taken: And that no Clerk or Officer shall receive any Writ of Covenant or Writ of Entry, whereupon any Fine or Common Recovery is hereafter to pass, |