either for years, for life, in tail, or in fce; or it may be by the general words, "All and whatsoever else the conusor hath in the premises (s)."

This fine is in frequent use, for the purpose of passing the estates of married women who are tenants for life, or for creating terms for years, which are to bind contingent, or executory estates, by way of estoppel. Fines are also distinguished as of two

sorts.

1st, Fines at the common law.

2d, Fines with proclamations.

It seldom happens that a fine is levied without proclamations, but when a fine is so levied, it cannot be used either as a bar to the issue of tenant in tail, or as a bar by nonclaim.

But a fine without proclamations operating merely and simply as a conveyance, has the same effect as a fine with proclamations.

It will also create a discontinuance when levied by a tenant in tail in possession (t), but no actual entry is necessary to avoid this fine (v).

In short, an actual entry is now necessary

(s) Piggott v. Earl of Salisbury, 2 Mod. 109.

(t) Hunt v. Bourne, 1 Salk. 341,

(*) Jenkins v. Prichard, Wils, 45,

only in the single instance of a fine with proclamations.

Fines with proclamations, are fines at the common law with the addition only of proclamations made, for the sake of notoriety, in pursuance of several statutes (w).

Two objects are to be attained by the proclamations.

First, To protect a defective title from dormant claims by means of non-claim on the fine.

Secondly, To bar the issue in tail when the fine is levied by tenant in tail.

And the general objects to which fines are directed are:

1st, As a conveyance by married women. 2d. As a conveyance by issue in tail. 3d. To gain a title, or confirm one, by nonclaim.

First, A married woman cannot convey her freehold, or inheritance, so as to bind herself or her heirs without some assurance of record, as a fine or common recovery: and except a recovery is to be suffered för some other purpose, as to bar an estate-tail with remainder over, &c. a fine is generally levied by the husband and wife, for the

pur

[() 4 Hen. VII. c. 24. 32 Hen. VII. c. 36.

pose of aliening her freehold or inheritance. And this is the only instance in which a fine is necessary by the common law, merely and simply as a conveyance.

The fine for this purpose may be either with or without proclamations, for the proclamations are not necessary when the sole object of the fine is to pass the estate of the wife. But for the security of the title, and to obtain the protection of the statute of nonclaim, it is always advisable to have the fine proclaimed.

And the fine is equally necessary, whether the wife has an estate for life only, or an estate of inheritance.

But no fine is necessary when the wife has merely an authority not coupled with an interest, or where a power of appointment is given to a married woman, which is to be exereised notwithstanding her coverture, or which, from the nature of the power, is to be exercised during the coverture. And in Burnaby v. Griffin (a), the Master of the Rolls decided, that a woman who had a separate estate, by way of trust, which gave her the equitable ownership of the freehold, was competent to transfer the same without a fine.

(r) 3 Ves. juu.. 266.

Secondly, In consequence of the statute de donis, which restrained alienations by tenant in tail, and declared "Et si finis super "hujus modi tenementum in posterum levetur,

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ipso jure sit nullus," tenant in tail was incapacitated from alienating intailed lands, otherwise than by means of a feigned recovery, till the statutes of 4 Hen. VII. and 32 Hen. VIII. were passed, and enabled him to alien the intailed lands by a fine with proclamations.

The statute of the 4 Hen. VII. which is the statute of non-claim on fines, enacted that, the proclamations so made as therein mentioned, the said fine should be final, and conclude as well privies as strangers, except women covert, other than parties to the said fine, every person then being within the age of twenty-one years, in prison or out of this realm; or not of whole mind at the time of such fine levied, not parties to such fine.

And in the 19 Hen. VIII. (y), the majority of the judges were of opinion, that a fine levied by tenant in tail, according to the statute Hen. VII. was a good bar to his issue; but some of the judges argued that the issue were not barred by the fine of their

(y) Bro. Abr. Fine, 1. Dyer, 2, b. 4 Reeves, 331.

Co. Litt. 121, a.

ancestor, not being privy to him, but claiming the estate immediately from the donor per forman doni.

To obviate the doubt entertained on the operation of the statute of 4 Hen. VII. the statute of 32 Hen. VIII. was passed.-It expressly recites that doubts had arisen respect-, ing the validity of the statute 4 Hen. VII.: in barring the issue in tail, and enacts, "That all and singular fines, as well here"tofore levied as hereafter to be levied with

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proclamations according to the statute, by

any person or persons of full age, of one "and twenty years, of any manors, &c. "before the time of the said fine levied, in 66 any wise intailed to the person or persons so levying the said fine, or to any of the "ancestors of the same person or persons "in possession, reversion, remainder, or in 66 use, shall be immediately after the same "fine levied, ingrossed, and proclamations "made, adjudged, accepted, deemed, and "taken, to all intents and purposes, a suffi"cient bar and discharge for ever against "the said person and persons and their heirs "claiming the said lands, tenements, and "hereditaments, or any parcels thereof, only "by force of such intuil, and against all "other persons claiming the same or any parcel thereof, only to their use, or to the