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FINE , a word which in all its senses goes back to the See also:Lat. finire, to bring to an end (finis). Thus in the See also:common adjectival meanings of elegant, thin, subtle, excellent, reduced in See also:size, &c., it is in origin See also:equivalent to " finished." In the various substantival meanings in See also:law, with which this See also:article deals, the common See also:idea underlying them is an end or final See also:settlement of a See also:matter.
A fine, in the See also:ordinary sense, is a pecuniary See also:penalty inflicted for the less serious offences. Fines are necessarily discretionary as to amount; but a maximum is generally fixed when the penalty is imposed by See also:statute. And it is an old constitutional See also:maxim that fines must not be unreasonable. In Magna Carta, c. 111, it is ordained " See also:Liber homo non amercietur See also:pro parvo delicto nisi secundum modum ipsius delicti, et pro magoo delicto secundum magnitudinem delicti."
The See also:term is also applied to payments made to the See also:lord of a See also:manor on the See also:alienation of See also:land held according to the See also:custom of the manor, to payments made by a lessee on a renewal of a See also:lease, and to other similar payments.
Fine also denotes a fictitious suit at law, which played the See also:part of a See also:conveyance of landed See also:property. " A fine," says See also:Blackstone, " may be described to be an amicable See also:composition or agreement of a suit, either actual or fictitious, by leave of the See also:- KING
- KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
- KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
- KING, CHARLES WILLIAM (1818-1888)
- KING, CLARENCE (1842–1901)
- KING, EDWARD (1612–1637)
- KING, EDWARD (1829–1910)
- KING, HENRY (1591-1669)
- KING, RUFUS (1755–1827)
- KING, THOMAS (1730–1805)
- KING, WILLIAM (1650-1729)
- KING, WILLIAM (1663–1712)
king or his justices, whereby the lands in question become or are acknowledged to be the right of one of the parties. In its See also:original it was founded on an actual suit commenced at law for the recovery of the See also:possession of land or other hereditaments; and the possession thus gained by such composition was found to be so sure and effectual that fictitious actions were and continue to be every See also:day commenced for the See also:sake of obtaining the same See also:security." See also:Freehold estates could thus be transferred from one See also:person to another without the formal delivery of possession which was generally necessary to a See also:feoffment. This is one of the See also:oldest devices of the law. A statute of 18 See also:Edward I. describes it as the most See also:solemn and satisfactory of securities, and gives a See also:reason for its name—" Qui quidem finis sic vocatur, eo quod finis et consummatio omnium placitorum esse debet, et hac de causa providebatur." The See also:action was supposed to be founded on a See also:breach of See also:covenant: the See also:defendant, owning himself in the wrong,' makes overtures of See also:compromise, which are authorized by the licentia concordandi; then followed the See also:concord, or the compromise itself. These, then were the essential parts of the performance, which became efficient as soon as they were See also:complete; the formal parts were the notes, or abstract of the proceedings, and the See also:foot of the fine, which recited the final agreement. Fines were said to be of four kinds, according to the purpose they had in view, as, for instance, to convey lands in pursuance of a covenant, to See also:- GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
- GRANT, ANNE (1755-1838)
- GRANT, CHARLES (1746-1823)
- GRANT, GEORGE MONRO (1835–1902)
- GRANT, JAMES (1822–1887)
- GRANT, JAMES AUGUSTUS (1827–1892)
- GRANT, ROBERT (1814-1892)
- GRANT, SIR ALEXANDER
- GRANT, SIR FRANCIS (1803-1878)
- GRANT, SIR JAMES HOPE (1808–1895)
- GRANT, SIR PATRICK (1804-1895)
- GRANT, U
- GRANT, ULYSSES SIMPSON (1822-1885)
grant revisionary See also:interest only, &c. In addition to the formal See also:record of the proceedings, various statutes required other solemnities to be observed, the See also:great See also:object of which was to give publicity to the transaction. Thus by statutes of See also:Richard III. and See also:- HENRY
- HENRY (1129-1195)
- HENRY (c. 1108-1139)
- HENRY (c. 1174–1216)
- HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
- HENRY, EDWARD LAMSON (1841– )
- HENRY, JAMES (1798-1876)
- HENRY, JOSEPH (1797-1878)
- HENRY, MATTHEW (1662-1714)
- HENRY, PATRICK (1736–1799)
- HENRY, PRINCE OF BATTENBERG (1858-1896)
- HENRY, ROBERT (1718-1790)
- HENRY, VICTOR (1850– )
- HENRY, WILLIAM (1795-1836)
Henry VII. the fine had to be openly read and proclaimed in See also:court no less than sixteen times. A statute of See also:Elizabeth required a See also:list of fines to be exposed in the court of common pleas and at assizes. The reason for these formalities was the high and important nature of the conveyance, which, according to the See also:act of Edward I. above mentioned, " precludes not only those which are parties and privies to the
' Hence called cognizor; the other party, the purchaser, is the cognizee.fine and their heirs, but all other persons in the See also:world who are of full See also:age, out of See also:prison, of See also:sound memory, and within the four seas, the day of the fine levied, unless they put in their claim on the foot of the fine within a See also:year and a day." This barring by non-claim was abolished in the reign of Edward III., but restored with an See also:extension of the See also:- TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time to five years in the reign of Henry VII. The effect of this statute, intentional according to Blackstone, unintended and brought about by judicial construction according to others, was that a See also:tenant-in-tail could See also:bar his issue by a fine. A statute of Henry VIII. expressly declares this to be the law. Fines, along with the kindred fiction of recoveries, were abolished by the Fines and Recoveries Act 1833, which substituted a See also:deed enrolled in the court of See also:chancery.
Fines are so generally associated in legal phraseology with recoveries that it may not be inconvenient to describe the latter in the See also:present See also:place. A recovery was employed as a means for evading the strict law of See also:entail. The purchaser or alienee brought an action against the tenant-in-tail, alleging that he had no legal See also:title to the land. The tenant-in-tail brought a third person into court, declaring that he had warranted his title, and praying that he might be ordered to defend the action. This person was called the vouchee, and he, after having appeared to defend the action, takes himself out of the way. See also:Judgment for the lands is given in favour of the See also:plaintiff; and judgment to recover lands of equal value from the vouchee was given to the defendant, the tenant-in-tail. In real action, such lands when recovered would have fallen under the settlement of entail; but in the fictitious recovery the vouchee was a See also:man of See also:straw, and nothing was really recovered from him, while the lands of the tenant-in-tail were effectually conveyed to the successful plaintiff. A recovery differed from a fine, as to See also:form, in being an action carried through to the end, while a fine was settled by compromise, and as to effect, by barring all reversions and remainders in estates tail, while a fine barred the issue only of the tenant.
End of Article: FINE
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