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In what Courts Fines may be levied, and before whom acknowledged.
1. Fines originally levied in all Courts
17. Joint Tenants, Coparceners, and Tenants in Common
18. Persons outlawed, &c.
19. Who are incapable of levying Fines
20. Persons having no Estate
35. Aliens
36. Infants
44. Exception-Infant Trustees
47. Idiots and Lunatics
51. Corporations
52. Who may take by Fine
131
Page
CHAP. VI.
Of what Things a Fine may be levied, and by what Descriptions.
1. Every Species of Real Property
7. New River Shares
-
152
153
id.
154
7. Entry of the King's Silver
9. The Proclamations
13. Description of the Lands
24. Names of the Parties not amended
27. A Fine of one Term will not be altered to another
CHAP. VIII.
Effect of Fines at Common Law, and by the Statutes 18 Edw. I.
27 Edw. I. and 34 Edw. III.
2. Force of a Fine at Common Law
9. Of the Statute De modo levandi fines
13. Of the Statute De finibus levatis
17. Of the Statute of Nonclaim
170
173
Effect of Fines by the Statutes 1 Rich. III. 4 Hen. VII. and
32 Hen. VIII. in barring Estates Tail.
2. Of the Statute 1 Rich. III.
3. Of the Statute 4 Hen. VII.
8. Of the Statute 32 Hen. VIII.
9. Effect of these Statutes in barring Estates Tail
26. The Tenant in Tail need not be in Possession
34. A Possibility of an Estate Tail sometimes barrable
40. An Estate Tail in a Rent-charge is barrable
42. And in an Advowson
194
195
44. A Fine bars the Issue in Tail before the Proclamations
48. A Fine does not bar Remainders
49. But lets in the Reversion
50. Effect of the Warranty in a Fine
51. The Right to levy a Fine cannot be restrained
52. Exceptions in these Statutes
54. Fines in Inferior Courts no bar to Issue in Tail
CHAP. X.
Effect of Fines in barring particular Persons, Estates, and Interests.
2. Parties
3. Lay Corporations
5. Married Women
10. As to their own Estates
16. As to Dower and Jointure
27. Effect of a Covenant that a married Woman shall levy
a Fine
28. Devisees
30. Trust Estates
40. Terms for Years
44. Copyholds
48. Estates held by Statute Merchant, &c.
51. Powers Appendant and in Gross
58. But not Powers collateral
62. A Right of Entry
68. Writs of Error
199
200
202
203
CHAP. XI.
Of the different Savings in the Statute 4 Hen. VII. and the Exceptions
in favour of Infants, Femes Covert, &c.
CHAP. XII.
Of some other Effects of a Fine.
1. Sometimes operates as a Release or Grant
5. Sometimes as a Confirmation
7. Is an Estoppel on Record
9. Lets in the Reversion and makes it liable to Incum-
brances
II. Divests Remainders, and Reversions expectant on an
Estate for Life
16. Discontinues an Estate Tail, and divests the Remaind-
ders and Reversion
26. Is a Revocation of a prior Devise
27. Creates a Forfeiture in some Cases
37. A Fine sur Done, Grant, and Render, gives a new
Estate
38. And alters the Descent
CHAP. XIII.
252
254
258
259
261
What Persons, Estates, and Interests are not barred by a Fine.
25. Estates held Jure Uxoris
26. Estates Tail of the Gift of the Crown, for Services
27. Reversions in the Crown
29. Springing and Shifting Uses
31. Dignities
32. Mortgages
CHAP. XIV.
How Fines may be reverfed and avoided.
1. Writ of Error
5. Who may bring it
273
10. Tenant to the Præcipe, who must have the Freehold
22. At what time the Tenant must have the Freehold
26. Leases for Lives need not be surrendered
29. But Persons having a prior Estate for Life must join
31. A Surrender is sometimes presumed
38. How a Tenant to the Præcipe may be made
39. By Fine
44. Though no Use be declared