378 F I 
then reciting the whole proceeding at length : and thus 
the fine is completely levied at common law. 
In order to punifh criminally fuch as put the eftate of 
another to this hazard, the ftat. 21 Jac. I. c. 26, makes 
it felony without benefit of clergy to acknowledge or pro¬ 
cure to be acknowledged, any fine, recovery, judgment, 
Sec. in the name of any perfon not privy or confenting to 
the fame. Since the ftatute of ufes, 27 Hen. VIII. writs 
of pofl’eftion are never fued out where fines are levied to 
ufes ; for the ftatute executing the po fie (lion to the ufe, 
the cognifee is immediately in poflefTion without attorn¬ 
ment; and by (tat. 4 and 5 Anne, c. 16. attornment after 
a fine is become unneceffary. Booth, 250. Fines are like- 
wife (ingle or double ; (ingle, where an eftate is granted 
by the cognifor to the cognifee, and nothing is thereby 
rendered back again from the cognifee to the cognifor. 
The double fine is that which contains a grant or render 
back again from the cognifee, of the land itfelf; or of 
Come rent, common, or other thing out of it, by which 
remainders are limited. A fine is alfo fometimes called 
a double fine, when the lands lie in feveral counties.— 
It is not abfolutely neceffary to infert the word ufe, in 
the declaration of ufes of fines; for any words which fliew 
the intent of the parties will be fufficient. 1 Ld. Raym. 289. 
A fine upon a releafe, &c. (hall not be intended to be to 
any other ufe, but to him to whom it is levied. 3 Leon. 6r. 
A fine and render is a conveyance at common law, and 
makes the cognifor, on the render back, a new purchafer; 
by which, lands arifing on the part of the mother may 
go to the heirs on the part of the father, Sec. 1 Salk. 337. 
A fine and deed to lead the ufes are to be confidered as 
one conveyance ; and therefore the fine operates accord¬ 
ing to the declaration of ufes. 2 Wilf. 220. A fine does 
rot afcertain, but only comprifes the lands whereof it is 
levied; fo that it is in all cafes extremely proper to have 
a declaration of ufes; that the very lands comprehended 
in the fine, and intended to pafs by it, may be precifely 
afcertained. 1 Cruife, 7. 
A fine may be levied of every fpecies of real property, 
as of a houfe, or mefl'uage, manor, caflle, office, rent, Sec. 
and in general it may be laid down as a certain rule, that 
a fine may be levied of every thing, whereof a praecipe 
quod reddat lies; or of any thing, whereof a prceeipe quod 
J'aciat lies ; as cuftoms, fervices, Sec. or whereof a pracipe 
quod permittat, or praecipe quod tcneat, may be brought. 2 
Injl. 513. As fines may be levied of things in pofteflion, 
fo they may be levied of a remainder, or reverfion, or of 
aright in futuro. 3 Rep. 90. So now, fince the (lat^ 32 
Hen. VIII. c. 7, it may be levied of rectories, vicarages, 
tithes, penfions, oblations, and all ecclefiaftical inheri¬ 
tances made temporal. Of a chantry. So it may be of 
a feignoty. Of all fervices; as homage, fealty, &c. Of 
common of pafiure. Of a corody. Of an office; as of 
the cuftody of a forefl. Alfo of a filhery; or of an an¬ 
nuity. See Wefi Symb. 6, 7. Fines may be levied of all 
things in ejfe, tempore finis, which are inheritable ; but not 
of things uncertain ; or of lands held in tail by the king’s 
letters patent ; of land reftrained from fale by act of par¬ 
liament, or of lands in right of a man’s wife, without the 
wife, Sec. 5 Rep. 225. Nor of commpn without number. 
Cruife, 121. Almoft any kind of contract may be made 
and exprefled by a fine, as by a deed ; and therefore it 
may be fo made, that one of the parties fhall have the 
land, and the other a rent cut of it; and that one (hall 
have it for a time, and another for another time ; alfo a 
leafe for years, or a jointure for a wife, may be made ; 
and a gift in tail, and a remainder over, may be limited 
and created thereby. 1 Rep. 76. 
Hufband and wife, tenants in fpecial tail, the hufband 
only levies a fine, this bars the ilfue in tail ; but it re¬ 
mains in right to the wife as to herlelf, and to all the 
eftates and remainders depending upon it, and all the 
confequences of benefit to herlelf and others, fo long as 
fhe lives, as if the fine had not been levied. Hob. 257. If 
N E. 
a hufband make a feofFment of the wife’s land, upon com 
dition; which is broken, and the feoffee levies a fine, 
and the hufband and wife die having iffue, and five years 
pafs ; the heir is barred to enter as heir to the father upon 
the condition, but he (hall have five years after the death 
of his father, as heir to his mother. Plowd. 367. When 
the hufband and wife join in a fine of the wife’s lands, 
all the eftate paffeth from her, and he is joined only for 
conformity; fo that if the fine levied by hufband and wife 
in fuch a cafe be reverfed, (lie (hall have reftitution. 2 
Rep. 57. A hufband and his wife covenanted to levy a 
fine of the lands of the wife, to the ufe of the heirs of the 
body of the hufband on the wife, remainder to the huf¬ 
band in fee ; both dying without iffue, it was held that 
the heir of the wife had the title, becaufe the limitation, 
to the heirs of the body of the hufband, was merely void, 
there being no precedent eftate of freehold for life, See. 
to fuppert it as a remainder. 2 Salk. 675. An eftate being 
fettled on hufband and wife for life, remainder to firft and 
other Tons in tail, with remainders over ; after the birth 
of their eldeft fon, they by releafe and fine, mortgaged 
the lands: on a bill exhibited againft the fon to redeem. 
Sec. he pleaded the marriage fettlement of his father and 
mother, whereby they were but tenants for life, and that 
his fine was a forfeiture of their eftate ; and fo it was ad¬ 
judged. Preced. Cane. 591. But it is faid where a wife 
by fettlement has only a truft for life, if fhe joins with 
her hufband in a mortgage in fee and fine of the lands, 
this truft is not forfeited, as it would be in cafe of a legal 
eftate. 1 P. IVms. 147. 
By the common law, if an infant or ideot has by any 
negledt or contrivance been permitted to levy a fine, his 
declaration of the ufes thereof will be good, fo long as 
the fine remains in force ; and if the fine is never reverfed, 
his declaration of the ufes will be binding and conclufive 
on him and his heirs for ever: becaufe the law will not 
prefume that a fine, which is a folemn a6t on record, has 
been levied by a perfon labouring under fuch difabilities; 
and therefore until the fine, which is the principal, is 
annulled, the declaration of the ufes thereof will remain 
good. Thus (lands the common law on this point ; but 
as the court of chancery has, in many inftances, compelled 
perfons who had obtained eftates under a fine in a fraudu¬ 
lent manner to re-convey them to thofe who were really 
entitled thereto; fo that court will interpofe its autho¬ 
rity in cafes of this kind, and not fuffer the declaration 
of ufes of a fine levied by an ideot to bar his heirs ; as 
no fpecies of fraud can be more evident, than that of 
obtaining a conveyance from a perfon of this defeription- 
Cruife, c. 15. 
Fines are levied in the court of common pleas at Weft, 
minder, ordained by ftat. 18 Edw. I. ft. 4; prior to which 
they were fometimes levied in the exchequer, in the coun¬ 
ty courts, courts baron, Sec. They may be acknowledged 
before the lord chief juftice of the common pleas, as well 
in, as cut of, court; and two of the juftices of the fame 
court, have power to take them in open court: alfo juf¬ 
tices of aflife may do it by the general words of their pa¬ 
tent or commiflion ; but they do not ufually certify them 
without a fpecial writ of dedimus potefiatem. 2 Infe. 512. 
The chief juftice of the common pleas may, by his pre¬ 
rogative, take cognifance of fines in any place out of the 
court ; and certify the fame without any writ of dedimus 
potefiatem. But the chief juftice of England cannot, nor 
any other of the juftices, except the chief juftice of the 
common pleas, who hath this fpecial authority by cuftom, 
and not by any ftatute. 
Fines are levied in the city of Chefter, by ftat. 43 Eliz. 
c. 15.—In the county palatine of Chefter, by ftat. 2 and 3 
Edw. VI. c. 28.—In the county palatine of Lancafter, by 
ftat. 37 Hen. VIII. c. 19.—In that of Durham, by flat. 
5 Eliz. c. 27 ; and in the courts of great feftions in Wales, 
by ftar. 34and 35 Hen. VIII. c. 26.—The day and year of 
acknowledging a fine, and warrant of attorney for the 
j fuffering 
