F I 
fuffering a recovery, are to be certified with the concord : 
and an office is erected for the inrolment of writs for 
fines, &c. the fees whereof are limited and appointed by 
flat. 23 Eliz. c. 3. 
Jnterefts in eltates which may be barred by fine, are 
either interefts by common law, or by cnftom ; as copy- 
holds, See. And if I have a fee-fimple, and am diffeifed, 
and the diffeifor levies a fine with proclamations, and I 
do not claim within five years after, I and my heirs (al¬ 
lowance being made for impediments) are barred for ever. 
Plowd. 353. 3 Rep. 79. If a man purchafe lands of ano¬ 
ther in fee, and after, finding his title to be bad, and that 
a ftranger hath right to the land, levies a fine thereof with 
intent to bar him ; and he fuffers five years to pafs with¬ 
out claim, See. he is barred of his right for ever: and 
in thefe cafes none fhall be relieved in equity. 3 Rep. 
DoEl. & Stud. 83, 155. Femmes covert have five years 
after the deatli of their hufbands, to avoid the fine of the 
hutband of the wife’s lands; and alfo to claim their dower; 
and if they do not make their claim in that time by action 
or entry, they are barred by ftatute. Dyer, 72. 2 Rep. 93. 
An infant (hall have five years after he comes of age, al¬ 
though he was in his mother’s womb at the time of the 
fine levied. Plowd. 359. And an infant is allowed time, 
during his minority, to reverfe his own fine and prevent 
the bar; and if not reverfed during that time, their fines 
will be good. Strangers out of the realm at the time of 
the fine levied, ihall have five years after their return to 
prevent the bar; and fo if they were in England when 
the fine was levied, and within five years are fent in the 
king’s fervice by his commandment. A perfon in Scot¬ 
land or Ireland fhall be faid to be out of the realm. 4 
Hen. VII. c. 24. Lunatics, &c. filial 1 have five years af¬ 
ter the cure of their maladies, though the infirmity hap¬ 
pen after the fine levied, if before the Iaft proclamation. 
Plowd. 367. 
In the cafe of Bourne v. Hunt, where tenant in tail of 
lands in ancient demefne levied a fine, in the court of 
ancient demefne for three lives with warranty; then le¬ 
vied a fecond fine with warranty to the ufe of himfelf and 
his heirs; and then bargained and fold to one and his 
heirs, the following points were determined : ift, That 
a fine may be levied in courts of ancient demefne. 2dly, 
That fuch fines are no bar to the ilfue in tail, but that 
they work a difcontinuance. 3dIy, That the difcontinu- 
ance determined with the three lives, and that the fecond 
fine made no difcontinuance. 4thly, That the iffue in 
tail have twenty years to make their entry after the expi¬ 
ration of the leafe for lives. 1 Com. Rep. 93. As deans, 
bilhops, parfons, See. are prohibited by ftatute to levy 
fines, and may not have a writ of right; they are not 
barred by five years non-claim, and their non-claim will 
not prejudice their fuccelfors. Plowd. 238. 
Fines may be reverfed for error, fo as the writ of error 
be brought in twenty years, and not afterwards by fiat. 
10 and 11 Will. III. c. 14 ; which twenty years are to be 
computed from the time of the fine levied, and not from 
the time the title accrued. 2 Stra. 1257. In a writ of er¬ 
ror to reverfe a fine, the plaintiff cannot affign that the 
conufor died before the tejle of the dedimus potejlatem, be- 
caufe that contradicts the record of the conufance taken 
by the commiffioners, which evidently fhews, that the 
conufor was then alive, becaufe they took his conufance 
after they were armed with the commifiion and the dedi¬ 
mus ilfued. Dyer, 89^. But the plaintiff in error may fay, 
that after the conufance taken, and before the certificate 
thereof returned, the conufor died ; becaufe this is con¬ 
fident with the record. 1 Rol. Abr. 757.—By the chiro¬ 
graph of a fine, the caption appeared to be on the 23d of 
December, whereas in fadt the fine w 7 as not acknowledged 
till the 2d of March following, and this was offered to be 
roved. But the court refuted to admit the evidence, 
eing of opinion, that no proof of the time of acknow¬ 
ledging a fine ought to be admitted contrary to, or againfi: 
the chirograph thereof; and that the record which is the 
N E. 379 
chirograph of a fine, cannot be falfified till it is vacated 
or reverfed. Say and Seal, Ld. v. Lloyd. 1 Salk. 341. 
Fines are not reverfible for rafitre, interlineation, mif- 
entry, &c. or any want of form ; but it is otherwife if of 
fubftance. 23 Eliz. c. 3. A fine fhall not be reverfed for 
fmall variance, which will not hurt it; nor is there oc- 
cafion for a precife form in a render upon a fine, becaufe 
it is only an amicable affurance upon record. 5 Rep. 38. 
If a fine be levied of lands in a wrong parifh, though the 
parifit in which they lie be not named, it will be a good 
fine, and not erroneous, being an amicable affurance : and 
a fine of a clofe may be levied by a lieu conus in a tow n, 
without mentioning the town, vill, &c. Godb. .440. If 
there be want of an original, or no writs of covenant for 
lands in every county ; or if there is any notorious error, 
in the fuing out a fine, or any fraud or deceit, See. writ 
of error may be had to make void the fine. Co. Lit. 9. So 
if either of the parties dies before finiflied, &c. And if 
the cognifor of a fine die before the return of the writ of 
covenant, (though after the caption of the fine,) it is faid 
it may be reverfed. 3 Salk. 168. 
A writ of error may be brought in the king’s-bench to 
reverfe a fine levied in the common-pleas; and the tran- 
feript only, not the very record of the fine, is removed 
in thefe cafes: but if the court of king’s-bench adjudge 
it erroneous, then a certiorari goes to the chirographer to 
certify the fine itfelf; and when it comes up it is cancel¬ 
led. 1 Salk. 341. And where, on a writ of error in the 
king’s-bench, to reverfe a fine in the common-pleas, the 
fine was affirmed, a writ of error coram vobis rejiden' hath 
been allowed to lie. The court of king’s-bench, will not 
reverfe a fine without a feire facias returned againfi the 
tertenant, becaufe the cognifees are but nominal perfons. 
Though a fine may be fet afide by pleading that neither 
of the parties had any thing in the eftate at the time of 
levying the fine, yet thofe that are privy to the perfon 
that levied the fine, are efiopped to plead this plea. 
3 Rep. 88. In pleading a fine or recovery to ufes, the deed 
need not be fet forth; but the pleader is to fay, that the 
fine, Sec. was levied to fuch ufes, and produce the deeds 
in evidence to prove tIre ufes. 8 Will. III. B. R. 
Fines may be avoided where they are obtained by fraud, 
covin, or deceit, though there be no error in the procefs ; 
and that may be done either by writ of difeeit or averment, 
fetting forth the fraud or covin. Cro.’Eliz. 471. Thus if 
a fine be levied of land in ancient demefne, the lord fhall 
have a writ of difeeit againfi the conufor and the tenant, 
and by that avoid the fine. Moor, 6. If a fine be levied 
to fecret ufes to deceive a purchafer, and the conufee 
pleads the fine in bar, tire purchafer may aver the fraud 
in avoidance of the fine, by 27 Eliz. c. 4; and fuch aver¬ 
ment is not contrary to the record, becaufe it admits the 
fine, but fets it afide for the covin and fraud in obtaining 
it. Plowd. 49 a. So if a fine be levied upon an ufurious 
contradt, it may be avoided by averment, becaufe fuch 
fine being levied for ends the law has prohibited, the law 
will not encourage any evafion out of the act, nor fuffer 
fuch ufurious contrails to be fupported by the folemn 
adts of the courts of juftice againfi the intention of the 
adt. 3 Co. 80. 
The offence of levying a fine in another’s name is 
punifited with death by fiat. 2 Jac. 1 . c. 26, before-men¬ 
tioned. If a fine be levied by a perfon who got pofieffion 
under a forged deed, equity will decree againfi the fine. 
2 Atk. 380. A record of a fine may be amended, (if the 
king’s filver is paid,) for mifprifion ef the clerk. $Rep. 43. 
While the parties are alive, the court will not grant leave 
for the amendment of a fine, in the Chriftian name of the 
plaintiff, for that amounts to making anew fine. Neither 
while the parties are alive will they permit the fine to be 
amended in the term. 2 Blac. Rep. 788. Where the deed 
to lead the ufes is general, and it appears only by affida¬ 
vit that the intent was to levy the fine of a greater num¬ 
ber of acres than it mentions, the court will not permit 
an amendment to increafe the number of acres, % Blac „ 
Rep, 
