FINE of LANDS, in England, proceedings formerly in common use in order to transfer or secure real property by a mode more efficacious, than an ordinary conveyance. fine is defined by Coke, quoting from Glanville, an amicable composi tion and final agreement by leave and license of the king or his justiciaries; and such indeed it was in its original effect, and it was called a. flue:bocause it put a termination (finis) to all litigation between the parties, and those claiming through them, in regard to all matters touching the suit. The proceedings in a fine were shortly as follows: The party to whom the land was to be conveyed commenced a fictitious suit against the vendor. But the case was no sooner in court than the plaintiff asked leave to agree or settle with the defendant. This leave having been obtained, a covenant was entered into whereby the vendor or defendant, called the cognizor, recognized the right of the plaintiff, called the cognizee, to the lands, of which he admitted that the plaintiff was wrongfully kept from the possession. These proceedings, which at first were real, were afterwards adopted universally without having a shadow of foundation in fact. This solemn farce having been completed, a note of the fine, being an abstract of the coven ant, the names of the parties, and the parcels of the land, was entered on the rolls of the court; and the business was concluded by what was called the foot of the fine, set ting forth the parties, the time and place of agreement, and before whom the fine was levied. The whole was embodied in indentures commencing hac est finalis concordia. It was necessary that a fine should be levied openly in the court of common pleas, or before the chief-justice of that court, or before two or more commissioners appointed in the country. Fines were of four kinds, which need not be specified here. In order that a fine should have full effect, it required to be levied with proclamations, i.e., open proclamation of the transaction in court. A fine so levied cut off the right even of strangers who fail to assert their claim during the period allowed by law; hence an estate was said to be barred by fine and non-claim. A fine levied by a married woman had the effect of cutting off all right she might have in the lands, and was the only mode by which a married woman could convey lands; and in order to protect her from undue influence, she was privately examined as to the voluntary nature of the transac tion. A fine levied by tenant in tail cut off the estate tail, but did not affect remainders; hence, though a fine was sometimes used to bar an entail, the usual method was by common recovery (q.v.). But while a recovery was the most effectual method of barring
an entail, it required the consent of the tenant in possession. Where, then, that con sent could not be obtained, or where the tenant in tail was at the same time tenant in fee in remainder, a fine was a convenient mode of barring the entail. The statute De Donis prohibited fines as a means of barring entails, but this restriction was removed by 32 Hen. VIII. c. 36.
The old law as to fines has been abolished by the Fines and Recoveries Act, 3 and 4 Will. IV. c. 74. This act was passed for the purpose of abolishing the cumbrous machinery used in the transfer of land according to the ancient forms and fictions. The act abolishes all the fictions formerly in use. In regard to fines and recoveries by heirs of entail, it permits every tenant in tail of freehold land whether in possession, in remainder, or contingency, to dispose of the lands for an estate of fee-simple abso lute, or any less estate, by any of the ordinary conveyances, except a will, at common law, or under the statute of uses (q.v.). The conveyance must be registered in the court of chancery within six months after its execution. But where there is an estate of freehold prior to the estate tail, the act requires that the consent of the tenant of the freehold shall be necessary in order to give full effect to the conveyance. This per son is called the protector of the settlement. Where a conveyance is made without con sent of the protector, it has the effect of barring those only who would succeed under the heir by whom it is executed. This is precisely the effect which under the old law belonged to a recovery without the consent of the tenant to the pracipe, and of a fine levied by a tenant in tail; so that the statute, while it abolishes the fictions, sustains entails as family settlements to the limited effect which they formerly possessed. In regard to fines by married women, the act provides that a feme coverte (q.v.) may dis pose by deed of any lands, or of money subject to be invested in the purchase of lands. It is necessary, unless specially dispensed with by the court, that her husband should concur in the conveyance, and that she should acknowledge it before a judge of one of the superior courts at Westminster, or a master in chancery, or two of the commis sioners appointed for that purpose under the act.