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IN TME CUSTODY OF TME
BOSTON PUBLIC LIBRARY.
SHELF N°
AOAMS
^;:^^'.^^^^'^^^^'^-
General Abridgment
O F
LAW and EQUITY
Alphabetically digefted under proper TITLES
WITH
NOTES and REFERENCES to the WHOLE.
By CHARLES VINER, m
Favente Deo.
ALDERSHOT hi Hampfhlre fiear Farnham hi Surry.
PRINTED for the Author, by Agreement with the Laiz) Patentees^ and are to be Sold by George Strahim in CornhlU^ and by Johji and Paid Kjiapton in Ludgate-fireet ; Or may be had of the Author at his Houfe at ^SderJIoot as above, or at his Chambers IS*^. ^. in the Kings Bench IFalks^ Inner-Temple \ Or, in his Abfence, of Thomas Tork in Flower -de- Luce-Court in Fleet-Street, London. 1742.
O — -
.^
TO THE RIGHT HONOURABLE
PHILIP Lord HARDWICKE -
Baron of Hardwicke in the County of Gloucefter, Lord High-Chancellor of Great Britain. ;
My LORD,
X Moft humbly ash Pardo/2 for this Pref&mption in
dedicating to Tour LordJJjip this Book ; But as the
fame is Bart of a General Abridgment of Law and
Equity J it cannot be fo properly Addrefd to a?y Ber-
fon as to Tour Lor dpi pj whofe Knowledge in both muft
he J and is allowed by all to be the moft Excellent^ and
has Jo Eminently diftinguifoed itfelf in thofe Refpec-
five Great Bofts^ fucceffively filed by Tour Lordpip
with fo much Reputation to Tourfelf and Advantage
to the Bublickj of Lord Chief "Juftice of England^ and
Lord High Chancellor of Great Britain.
Tour Lordpip has on all Occafions with tJje greateft 'Judgment ^ Berfpicuity, and Impartiality qua- lifed and moderated with Equity the Rigour of the
Common
.•^>
The DEDICATION.
Common Law without hazarding the Fundamentals of it ; Nor can Tour LordJJjip he denied the moft Fa-* in able Chara&er of an unhya^ed Diflributer of Legal and Equitable 'Jujiice.
I jjjould think myjelf wanting ^ My Lord, in Duty to my Country J (for which I have as ftrong ^^e£iions as any Man living^ pould I not mofl fine ere ly wipy that Your Lordjhip may long pre fide in that High Court of Chancery, of which Tour Lordfiip is Jo great an Ornament y and am with the great eft Veneration and RefpeSi
My LORD
Tour Lordfhif
Moft Obedient and
Humble Servant,
Charles Viner,
THE
PREFACE.
TH E Crmmenccment of this Work was with the prefent Century, at which Time I was admitted a Member of the Honourable Society of the Middle- Temple, and attended, as a Studentjthe Courts of Weltminfter. After the coming out ot the firlt Volume o^ Mr. Ddiroers's Abridgment^ (that molt curious and exact Work) I began to llacken in proceeding with my Own, and being under fome Apprehenlions of iiaving injured my Health by a very clofe Application, 1 retired into the Countfy, and tor fome Years wholly laid allde prolecuting my Undertaking without intermcdling with Bulincfs oi Law, unlcfs in preventing and compromiling Differences among Neighbours, and others appl\ ing to me, at Ibme Expence to my felf but none to them. Ki length I refoI\cd to revile what 1 had before gone thro' v/ith, and Mr. Dan\ers's fecond Volume being then come Abroad, laid it down as a Rule to examine, whatever came in my Way, with Mr. Danvers, fo tar as he had gone, and to enter Nothing in my own which 1 found in him, intending my own only asaSupplement to his, or his only asaSupplement to my ownCollefctions ; and in that View, before I entered upon the ha\'ing my own Colle&ions tranicribed, I Itruck out many I had betore made, and for that Realon only, that I tbund the fame under the like Titles in him. The like Method I took afterwards with Mr. Nclfon on the coming ouc of his Abridgment, thinking it then fufiicient for my private Satisfa£tion, if I might have a ready refort to any Place, tor what Imightdelireto find; having never entertain- ed any Thoughts of making Publick my own Colleftions, till after the coming out of Mr. Nellbn's and the Title (Error) of Mr. Danvers 's. By this Method I obferved. many Cafes in Mr. Nelfon not taken out with that Care and Exaftnefs which Mr. Danvers had done, and theretbre either abridged the fame, or added in the Margin fome Mark or Memorandum by way of Caution, that it was not to be depended upon, or interlined what I thought was omitted, and made fome other Marks for what he had added of his own, and which was not to be found in the Original Book cited by him as his Authority. As for Mr. Shcphard's Abridgment I have fcarcely ever looked into it, but having occafionally examined Mr Hughes's find him in a Manner wholly tranfcribed by Mr. Nelfon, fometimes with little or no Variation, and if any it is by way ot difguife only, fometimes exchanging one Error I'or another, fupply- ing very few Imperfeftions, correcting as few Millakes tbund in his Original, and fometimes, by miltaking Mr. Hughes, making fome Errors where none were before; fo that a literal Tranlcribing had perhaps been better. Had Mr. Nelfon dulyconlider- ed this before his Publication of his Lutwich^ he would have been more decent in his Remarks on the Work of that great and valuable Perfon fo much his Superior, and who had been dignified with the Honour of being a Judge.
My Lord Roll, whofe Abridgment is my Text, has fupplied the greateft Part thereof out of the Tear Books, thofe rich Mines of the Law, and out of which thofe other Great Men Lord Fitzherbert and Brooke drew fo much valuable Ore, which afterwards Lord Coke, in his hifiitutes, melted into Ingots, and which, with fome little refining and puritVing, have fince become the current and precious Coin
of
1 he F R E F A C E.
of the Common Law. While thole Books were the only Magazines, or Repoiito- ries of the Law, the ProfcHion was in great Elleemi There was then no Ebb or Po- ■ verty of legal Knowledge, but the Tides of Law rolled High. The indultrious Stu- dents reforted thither lor their Burthen, which both inriched themlelves, and would, no doubt, have done the like by their Pollerity, had not they, like prodi- gal and thoughtlcfs Heirs, neglecled or fquandcredavvay, what their Predecellors or Anceftors had amaiied for them. The K'ame of Plc-joden ought to be reverenced by every Profellbr of the Law, and after him Lord Coke merits their great Thanks. But io unfortunate were tbcfc Great Men in the extraordinary Pains they took to ferve the Profelfion, that their Labours may perhaps, by an unnatural Confequence and Accident, have,in too many Inilances, occaiioned Ignorance inftead of Improvement. In this Re- ipe£t Sciences may be compared to Bodies natural^ as that, v^hich by a right Ufe and Application would not nouriih only, but ftrengthen, may, by an Abufe, be converted into Poifon, and delfroy that which it was intended to prelerve. And thus Abridg- ments^ according to their difterent Ufe, will necejfarily have very different and contrary Effe^s and Operations, either of doing much Good or much Harin. The Study of the Law is a very long Journey, and the Roads not the plainelt, in which they may ferve as Polls and Mercuries to direii the Students in their Way, but ought not by any Means to be confidered as their Journey's End, or Place of their laft Re- folrt and Relidence.
In a Work of fo great Extent as that, of which this is a Part, it cjinnot be expeft- ed, but that many Aiifiakes may be found, notwithllanding the utmoll Care j and a great Part thereof having been feveral times tranfcribed by other Hands, the Tran- icribers may well be fuppofed to have varied fometimes from the Original, and {o to have made Errors where they found none ; whereas, on the other Hand, it is not to be imagined, that any Original Errors, elpecially in the References to Books, out of which any Cafe or Point is cited to be taken, Ihould be thereby correSled.
The Reader is defired to take Notice, that the Placita, cited out of Lord Brooke's Abridgment, are Number'd as found in the largeft 'Edition vi Folio, there being fome- times Variances between the Numbring or Figuring the Pleas in that and the other Editions, whereas thofe other Editions vary but in Jtew Inftances from each other.
The Reader is^efired to take Notice, that where any Book is cited containing fuch and fuch Re&ances, or where it it ''M, that the Book cites fo andfo, this Author is not anfNVerable for the Truth of fucn Citations or References, he not bemg in fuch Cafes any otherwife concerned than to mention them, as the Book does.
The remaining Part of the Work will be printed off by three Volumes in a Year till the whole be publiflVd.
The Re.ider is dcfircd to correa the following ERRATA.
trOLIO 2. PI. 4. line 5. Me the Comma after Smith, and put it in before Smith.— Faits (QplJ- m
^ the Note, r. received, f. iS. in the Title, r. Fait,..-Ditto pi. 2. in the Note, 1. 5 /. Time.-—
Faits (H) pi. I . r. cannot f. 50. laft 1. dele Grant (R. 7 ) f- 54; aft 1. dele Habendum, dele (X)
. f J laft 1. dele fX)— f. io3. pi. I. 1. i. r.Leaic. — f. 106. 1. 2. dele full pomt, and make it a Comma
. -f. I2Z. pi. II. 1. I. r Tail. f. 147. pl S. 1. 5. r. executes. 1 154 CG)P»- 5- i' ^"^P'*'";
tiff had Tudgmcnt. Fences (B) at the End dele Improvement (E. 2) f. 25;: (M) pl. 2. Marg.
fliould be ±; and the fecond * following fhould be t — f- 292- pl- ^V }■ 9- r- fidtitious.— -f. 54°- U; b)
Marel i r. D. 254 f. ,56. (N. b) laft 1. but 2. after is ^e/c not.— f. 575, ST^- m the Title, rfirlt
Fruits and Tenths-f sS^.'cF) pl. I. 1. i. r. Entry. - f. 596. (U) pl.3. 1. 2. r. was not fa.d. - f 404.
pl 6 Marg r. Word.— f^ 4ii. (O) Marg. laft 1. but i. dele fon-fT 425. pL fl- J- ^.^Py^^- *•
Lo.pl. 4. laft 1. of the Note, r Order ought to be of every one.— £ 45^; (W) in the Divij.on, pg of
r but — f 4';8 pl. 4 1. 2. r. Ciiancery.. f. 486- at the end of the firft Note, tor 276. r. 976.— -brac-
tions V A) pl. 2 laft 1. r. Yarworth.-f 500. in the firft long 1. of the Note, at Yc^v^ dele thes. and in the 2d.l.f.«at V.as.-f 5.o.CC)pl. 3. 1. I. r. three, -f 543- ?!■ 9^1-8. in the Note r. Agreement^f 544- pl. 3. laft 1. but 2. r. of. — f. 557in the Divifion,rfe/« the Apoftrophe at Creditor s. 1. 563.13ft 1. but i.
r. 342.
TABLE
OF THE
Several TITLES, with their .D-ivifions and Subdivlfions.
F^CCOH* See Bkckwell-Hall- Faftors. Who may be a Faftor, and how confidered. A His Power. A. 2
Accounts and Traniaftions between him a«d his Employer. B.
Where the Fadtor is guilty of Fraud. B. z Difputes between Faftor or Employer and Creditors of the other, where the Factor or Employer dies or fails C
Joint -Faftors or Joint-Employers. D
Principal bound by Fadtor's Contracts in what Gales. E
Liable to anfwer Damages in what Cafes in General. E z
Kot oblcrving or afting without Orders. F Kot giving >iotice of TranfaCtion. F. l
In Calc of Seifure or meddling with prohi- bited Good!:. F. 5 Aftions, Pleadings, and Evidence. G Oftenccsby Factor, and Punifliment thcreof.F. 4
if acuities. 25//. 8. 21. A
jraits or "Dtzm*
Made. By what Pcrlbns they may be. A
Bv wl.at >5ames, Mifnofmer. B
To what Perfons, C
Neceifiry, what Things and Words arc, to make a Deed indented. E
To make a Deed. D
Sealing. How. H
Signing. Sec ( D. a) H. 2
Delivery. And w hat is good Delivery. I How it may be. K
And what ihall be faid a Delivery. L To deliver over. M
At what Time good. N
Neceflary in what Cafes. N. 2
As an Eicrow to deliver over., on Con- ditions to be perform 'd. O
Relations of Efcrowes.
O.
Pleadings as to Efcrowes, &c. O. 2 Date. And wnat is fufScient. P
Mifrecitcd, as to (See Gi-ants.) (Eftate per tot.)
Day. Q.
Place, and Pleadings. R
Conftrudtion thereof P. 2
Pleadings, as to Mifrecital P. 3
Amounts to. W' hat amounts to, or is a Deed, D. 2
or, an Agvecment only of Perfons fign-
ing. _ D. ;
Parcel, what is. Wrote in what Place. G
One or (cveral Deeds, what is,( See Grants) G. a. 3
Take bv it, or Bmind by it. Who
Parties, who, (^mQ'Je of 0?nyter-Party). F Kot Parties, or not named iu the Prc-
mifl'es as a Party. (See Grant.) C. a
Kot nam'd in the Deed. C a. 2
in the PrcmilTcs. C. a. 3
Named in the PremiiTes. B. a. 2
Not Girninff it. D. a
By Agreement to the Grant, &c. D.a,2 Words of one Party only. D. a. 3
Void. See Ufury (M).
In Part where it avoids the whole. E. a Or voidable only. See Void, &c. F. a
Voidable made good by fome after Ad1:. F. a. 2
By whom, and when. E. a. 2
By what Adt, in Part or in all. R. 2. Y Falie Reading. _ S
Rafure and Pleadings. T
Interlining and Altering. Actions and Pleadings, as to falfe Reading, Rafures and Interli- neations. U Sealc broke, &c. X Cancelled Deeds.
Elfcdt thereof at Law X 2
Relieved in Eqnity. X. j
Remedy againft Perfons cancelling, delhoying and Healing Deeds. X 4 Indenture. O. a. 3
V\'hat muft be by Indenture, and not by Deed- Poll. O. a ;
Poll, what is confidered as fuch, and the EifecT: thereof, and Difference between it, and Indentures. G
Counterparts of Deeds, and where they va- ry from the Originals. H. a Duplicates. I. a Cultody, who fhall have the Deeds Z Detain "em, who may. A. a Brought into and remain in Court, in what Cafes. See Forgery. K. a Detinue of Deeds, who fhall have the Adtion L. a Pleadings. L. a. 2 Bar. L. a. 5 Damages in Detinue, what, and the Difference between Damages in De- tinue and Trefpafs. L. a. 4 Pafs. Where there is a Will and a Deed, what fliall to pafs by the Will, and what by the Deed. See XJCes. (M. a) Kept private by, or in the Cuftody of the
Maker, and the Eftedt thereof B. a
Loft Deeds. (See (U. a)
Actions. In what Cafes Adtions lie at
Law, tho' the Deeds are loil. B. a. 5
Where Adtions lie on theCounterpart B.a. 4 Supply 'd by aftar Deeds. W. a
W^ithout Deed.
What may be done without Deed. See
Parol. What may be granted without Deed. Sec Grants ( ) The diftercnt Operations of the ieveral Sorts
of Deeds. See Conveyances (A) Pleadings.
In General. N. a. 4
What Deeds are pleadable. O. a
W^hcre Deeds refer one to another. O. a. 2 Profen, or Monftrans of Deeds.
Ncccflary
A TABLE of the feveral Til LES,
JScccll.irv ill \v!iat C,:ifc> in Gcuciul,
and ti'x Kcafon tlicieof. M. a
Immediate or preiently. M. a. 2
l:\ the Declaration, or not till de- manded M. a. 5 Sufficient Shewing, What. M.a. 4 Second Tinic, occ. after a former * Shewing, M. a. 5 E^:cu!ed by
Fraud or Force. M. a. 6
Accident. hi. a. 7
IJctaincr
By another v. i-.o has R ight to it M.a.S In another Court, S:c. in another Suit, Src M. a. 9
Ellates, &c. -vvhich they relate to being executed M. a. 10
In what Cafes The Thing fued for, being grantable
without Deed, or not. M. a. 1 1
Tho' the Deeds when pleaded or
fhevvn cannot be traverfed. M. a. 1 3 Difierence between Oyer and Monfirans of Deeds and Records. M. a. 1 2
Aft of Law. Where I'erfons come in
by Act of Law. ISI. a. 14
By what Perlbns.
Alfignee.s. M. a. i 5
Jiaily or Servant M. a. 16
Of the King. Jtl. a. 17
Ccfty que \]^c, Truft, Covenantor,
&c. U. a. i3
Corporations and their Grantees,
&c. M.a. 19
Pcrfons that are in by Defcent. M. a. 20
Devifce. M. a. 21
Difleifee. M. a 22
Grantee, Leflce, ?iic. M. a. 25
Of a Chattel. M. a. 24
Loi d by Efclieat. M. a. 25
Lord mefne and Tenant. M. a. 26
Officers. Ikl. a. 27
Privies. M. a. 28
Strangers. M. a: 29
Tortfeifor. M. a. 50
To whom M a. 51
Aided or Cured by -what. M.a. 32
Of what Deed,-;. See Voucher
(G.a)CH. a) TriaUZ. a. 4)
Non ell Factum.
By what Perfbns. N. a
In what Cafes. N. a.2
Specially or generally, and at what Time. N. a. 3
Averment as to Deeds. Sec Averment
(G) See Grants. Evidence. See Trial ^B. f 6) Punifliment of pleading falfe Deeds, or denying his own Deed. See Amercement (A a) (G. a) Equity. Deeds.
Conftrued, how in Equity. P. a
Averment as to Deeds in Equity. Q_, a
Bringing them into Court. K. a
Ordered to be delivered up or cancelled.
In what Cafes. S. a
Cancelled Deeds. X. 3
Dcfefts in Deed fupply'd T. a
Loft I )eeds aided at La w, or in Equity. U. a Supplied by after Deeds. W. a
Sui)prcf-,'d Deeds. See Difcovery (M ) R. a InfpeCting Deeds by Order of Court, and at ■what Ti.ii;. X. a
JfalfC JUDgUlCnr* See judgment.
Who Ihali hold Pic.i therc.f. A
Lies. In what Ca!es. And
Where falle Judgment, Writ of Er- ror, or other Action, and the Dili'erence. 3 In what Court, and at what Time, and to whom directed. D
Tried by whom, and how. '"And of returning
the Wnt, and removing the Record. G
The Effect thereof, and how it rauft be obey^
ed. C. 2
Pleading and Errors therein. E
Judgment. How. F
Execution awarded. Where and how. And
of Sci. fa. * G
JfalfC jLnttiu A
ifnlfe £)att). a
.f nlfc \m^. A
JfnifC ^US-rjCffiOn* See Prerogative (N. b) Suggeltion. Trial (G. b. 2) if nlfifpino; UeCaljeriCSi. See Recovery:
At Common Law A
What Things may be falfifyed, B
In what Cafes, and ho\i . B
Bv Entry. B. 2
B'y Plea. B..4
In the' Point tried. C
Want of other Remedy. C 2
In Refpeft of the Place, w here. B. 5
By whom
Succeil'or of Parfon. G 2
Infant or Feme Covert. H. z
'Tenant in Tail. H
Reverfioner or Remainder-man, or Heir,
and how. D. 2
Termors. D Orher Perfons than Termors.
Privies or Strangers E
In Refreft of Covin. F
F. 2
I
G
Notwithllanding a true Title. At what Tima. For Dilatories.
V^'arranty and Aflets.
M'ant of^ Jurifdiition.
Prior Right.
Feint Ple.iding. Pleadings.
K L 1*1
N O
Bar. What may be pleaded in Bar to the Falfifying. P
By other Action. R
After Recovery by Default. Q^
Equity. S
Verdict. See Trial (D. g. 2) ifaCin0* Sec Clergymen (C) Non Re- lidence. Trial (£. f)
jfatt)et: ant! S^oit, $c*
Action. What the Father may have by Rea-
fon of his Child. A
Inter fe, as to Legacies, &c. to Chidrcn by others. ' B
Allowance for Maintenance out of the Children's Fortunes. C
Coertion. What Acts by a Child fhall be fo done, to be relieved againlf. D
ifealtp anu Damage. a
ifee^Jf a?iu IKent0»
Notes in General. A
Conveyances thereof. How.
By the Patentees. B
Purchafors indemnified and favoured; And
how enabled to lue. C}
Extent
With their Divilions and Subdivilions.
Ej.tint of the Act, as to tlie I'owei' of the
Truliees, und wliat thev might convey. D Oi-dci-cd Kow, till Sale.' E
Pleadings by I'urchal'ors. F
UiSherifts. A
Upon Executions. A 2.
of other Oliicers. A 5 .
Coroners. A 4.
OlHccrs in Courts. [/;; ivhat Cafes he may det.-.in the Body fill paid.] B
Prohibited ; or due ; in what Cafes, and how much. F
,In Courts. MarHial, &c. _ C
Ecclcii.iftical. See Prohibition. (F) C. 2
Panifhmcat for takinf^ more than ulunl Fees D Prompt Payment. In what Cafes they may not infill upon Prompt Payment, before thev do the Duty of their OiSce ; And how puniOied for fuch P.efufal. D. 2
Granted and a'certained. How. E
Determined by Accc(fion of other Office. F. 2 Adions and Pleadings. G
In what Court. H
Loft by Difcharge of Officer, or where the Fee fliall remain, though the Office is taken away.- — See Oilicer (P. 3)
ifcigiicti Action.
Or lllue in what Cafes. A
Icia He ft.
Idow confidered, and v/Iiat Perfon may bcfo.jA "VN'hat Ihall be laid for fuch Offence. , " C
Forfeiture of what. B
Relation. To what Time the Forfeiture fliall re'a'x. D
Inquifition, by whom ; and how to be taken E JfcniC* — See Baron and Feme.
Cafes wherein an Infint and Feme Covert
differ. See Enfant (N)
Capable of what. A
Sole Merchant who is and of being a B
Seperate Trader in General.
J\Iade by whom, and againfl whom, and where none weie before. A
Trefpafs by Cattle through Fences, or for want of Fences. B
Actions, for not repairing Fences. C
Curia Claudenda, in what Cafes it lies, and for whom, and when. D
Pleadings in Curia Claudenda, and Trefpafs. £
Contracfs relating to draining them A
JfcofFment.
Charter of FeotTment, what good or void. B. 5
\^'hat is aFeoflment. A
In what Cafes, where a Grant is not good. B. 4
At what Time. B. 5
The Force of a Feoffment, and what isex-
tinguifhed by it. — (See Conveyances.) A. 2 Amounts; What amounts toa Feoffment. B. 2 Where theUles-are veiled or changed by it
SeeUlb(Y)^_ A. 3
Difference between Feoffments at Common Law, and by Statute R. 3. A. 4
Kame.
Cf one Thing by Name of another. D
Feoffee named wupng, yet good, (what- is
Name fufticicnt ) G
Feoffee named wrong. H
By whatName. F
Liver v. The fetfed: and Operation of Livery,
Necelfary, on what Conveyance, land inwhat
Cafes, atid cf what T'kin^t^s.] B
Amounts to Livery. What. C. 2
(Jf what Things it may be. C
Without Deed. '." Y
W^hat Perfon may make it. and to whom,
In Refpeitof Incapacity E
of Eitate. ' . E 2.
To what Perfon, /w refpefl of Efiate ■ ~ G
To one where it fnall Icrve tor others:
K. 2 To Perfons not in Effc. See In Effc How T
Of Parcel in Name of all. X
Of more or Icfs than is in tlic Deed.
U.2
At what Time, T. 2
Secundurn formam Charts.
Of morethan is in the Deed. Sce(U.2)
Hov\-, as to the Same ar.d ^bhig. U
At whatTimc it may be. U. 5
Take by it ; who mav or fhalL C, a
Within View. What thing is neceffar)' to
perfect: the Livery. I
In what Cafes it may ba. M
To whom. N
In what Place. O
How, and in wh.at Manner. P
Countermanded, by what Ad:. P. 2
E.vecutcd, by what. IC
Hindred. By wiiat PolfclTion or Eftate. L
By Letter of Attorney, and what. R
Who may be Attorney. R. 2
How to be executed. Q_
At what Time to be made. S
Revoked by what Act or Tiling. Z
Who may do it by Attorney. A. a
Relation.
What pafles by the Livery by Relatiori.B. a Take by the Livery. Who may. C. a
Pals by the Livery.
WhatTliing or Elfate fhall be faid to pafs.
D.a Without the Words, Heirs or Succef- • fors. _ D. a. 2
What may pafs by Livery. G
What Thing or Elfate pafs by Feoffment or Livery. D. a. 5
Words. What. See (D. a. 2) Without Deed. Y
Pleadings. E. a
Traverle. E. a. 2
Equity. ISIilbkes. G. a
Livery prefumed at Law, or fupplied in Equity. F.a
Extinguifhment by Feoffment. See Extin- FuifhmentCF) Right (C)CF).
fzix Bmiz. A
l''leadings in Trefpafs Ibr taking T'hings. Fene Naturas. B
iTClTp* A
jfcunall QSaronp. A
jfictian of laiu. a
jfigu^eiEi* A Jfifc
of putting Things on the File, or taking off! A
Antiquity thereof A
The Original of Fines. A. 2.
Plea ofthe Fine ancientlv. B
How to be levied. iS E. i. Stat. 4. A. 5
, Confidered howin Law. A. 4
Who
A lABLE of the feveral TITLES,
"Who TTi^it, or may i.J;c Fi:;;s. ar.cieutly or
fio-w. ^
The feveral Parts thereof; M. b. 2
And w hcti they begin to operate. M. b. 3
Levied. In what Places or Courts, other thanC. B. at Common Law, and now, and who may take Fines elfewhere. C. 2
By whom.
At Common Law. K
In refpeft of the Eftate. D
Having been in Pofleflion of tlie
King. — See B a. 2 Not being commenced. D. 8
Infant. K.
Ideot, Inflmt, and Perfons under natural Difabilities. D 10
Vacated. D. 1 1
Perfons under legal Difabilities by Crimes,
&c. L> 13
Baron or Feme fingly. B. b
Baron and Feme. C. b
Or by Feme '■xithcut her Baron. T
Other Perfon of the Lands of a Feme Co- vert, either in Poffeirion orReraainder.D b Corporation. U
Tenant in Tail
Ofwhat Eftate, D. 12
Before he is ieifed of the Eftate Tail.D. 2
InTruft. See(Y)
Bv Feoflee 0+ Tenant inTail. D. 4
By Tenant in Tasl Dificifee. D. 7
After a Conveyance by him. D 5
During Difleifm. D. 6
Remainderman or IlTue ; and where a Conveyance is made after by Tenant in Tail in PofiefTion. D. 5
To V, horn, or luhat Perfons may take by it, hi refpeH of EfiaU. ^ E
A Stranger. _ N. 2. F. 4.
What Perfons may be Cogniz.ees. D. 9 Tenant in Tail, Cogniiee. Sec D. a. 2. How. Without Writ. F 2
fpon what Writ. F 5
Covenant. _ G
How it fhall be exprejfed in the If lit
of Covenant. H
Render, how the Writ fhall he. I
By wh om. N
To whom, and how. Not named the Writ. N. 2.
Of what Things a Fine may be levied B. a
Upon the Writ, and of what a Render may be. L
Things not named in the Writ Sce(L. b. 2) Eflate having'been in Pofleflion of the Kirg. B. a. 2
Names
Of Things.
Bv what'NamesThings will pafs in aFine
not being the very proper Names C . a
Of Perfons.
Mifnofmer. See E b. 4.
Place In what Place orCounty Fines may be le- vied, other than in C B. — See Conu- fancc (D.) C. 2
Fines levied of Lands in feveral Vills. Where Good E. a. 2
In Lieu Conus. See(R). E.a
Examined, In what Cafes Fine being levied by a
l'"eme, flic fliall be examined. F
In what Cafes Ihe fliall b.; examined, ,1 i 'ire being levictl to her and Barcn. ^i
Bound. Who. Party. S
Fcme,or other Perfon, boundat Common
Law. T
Peribns thatmuft mention the Conufor in
conveying their Title. R.2
Conufee bound by Leafc, Sec. granted be- fore the Fine levied. S. 2 Corporation. U Take.
Who may take by the Fine.
Not Party to the Writ. — ^See(N. 2) F 4. By the Limitations. F'. 5
Received hlow the Fine being may be received. —
See(Z.4) O
/;; reffect of the
Tliiig refer'^ed. O. 2
Render. Q. j
Limitations. Z. 5
Grant. 0. 7
Warranty. B b. 5
Being with Render or not. P
Want of Certainty, &c. Q. 5
In what Cafes the F'ine being received,
fhall be good. Lieu Conns. R
Uncertainty in Fines. O. 5
Explained by the Intent. O. 6.
Stayed. What good Caufe to flay it. CJ_
Deatli of any of the Parties. — See (H. b) Q. 2
Ahated by Death of the Kmg. P. j
Good, in refpectof the
Form. Z. 5
Defcription of the Land. Z. 4
The Names of the Parties. Mifnofmer. See (E. b. 4) per tot. Writ of Covenant. See (F. 5^) Limitations in a Fine. What Limitations are good or will be received. Z. 5
Refervations. See (O. 2)
Dedimus. See (F b. 4) M. b
Certified. How Fines fhall be certified, and
when, and by whom. P. 2
King's Silver, what it is, and
Fines reverfed on Account thereof. F. b. 6 Concord
Sorts. The feveral Sorts of Fines, and the Na- ture of them. N. h. With Proclamations. And Pleadings. E. b Sur Releafc ; to whom, in Refped of Ef- tate, &c. and how M. b. 4
Sur Surrender. See ( Y a. 2)
Sur Grant and Render.
What fhall be faid to pafs by the Ren- der. See(X. 4)
Of what thing upon the Writ,
a Render may be. L
Where the Grant orRender maybe of another thing than what the Writ is of L
Upon what Fines M. 2
Who may Grant and Render. N
To whom, and how N. 2
Take. Who may take by the Render, orte not named in the Writ. — Sec
(N-2)
Operations of the feveral Sorts of Fines. N. b 3 Gr_"nted. What may be given or granted
by a Fine. X
Proper for what Eftates ; what Fines are.
See (N.b. 2)
P-ifTe-;.
With their Divilions and Subdivilions.
partes, What palTcs, or m;iy julj
By a Fine only. X. 5
By what Names. C a
How much. X. 4
Things lying in fevcral Counties. Tiling.'; not contained in the \\'rit. L. b. 2 One, or feveral Fines necelFary, in what
Cafes. X. 5
Ufes, where well limited.
Repuf;nant, as limited in theFine, to the
Declaration in the Deed. T. a. z
Enure. How.
Where the Ufes declared arc repugnant,
or feemingly fo. T. a
>Jot being direttcd by Deed of Ufe.s. I. a Where it is levied to a particular Pur- pofe. K. a
Declaration.
Good in refpeftof the Perfbn By whom. M.a
Baron and Feme, or one only or differently bv each of Lands
oftheFcme. See (,S. a) (Ufes.T)
To whom. N. a
Manner of doing it. O. a
Variance. Good, notwithftanding
Variance as to the Ufes. P. a
As to the Time of levying. P. a. 2
W^here there are feveral Decla
rations of Ufes. Declaration by one only, of differently by each. Made when. After the Fine. Pafs. What Eftate lliall pafs by the De
claration. How much by Relation to the Inden ture; Enure. How the Fine enures.
Where the Lands lie in feveral Vills. Second Fines. By Grant and Render. By Way of Surrender. Extinguiflimcnt. Effoppcl. Pleading;?; Where Conulbrs or one of them takes back
no greater Eftate than before. Z, a
To make
A Difcontinuance. A. b. 2
Eftate, in what Cafes it is turned to a Right. H. a. 2.
Prior Grants good. L. a
The feveral Parts of a Fine. M. b. 2
Operate when. M. b. 5
The different Operations of the feveral Sta- tutes of, and relating to Fiwes. — See (W) Of the Ingrolfing, Inrolling, andTabling of Fines, and tnc further ordering them, and Fees for the fame. N. b. 16
Proclamations. — Sce(D, b. i) Sec. How to be read and proclaimed, and the
S. K.
\J.
X..
W. a
X.;
Y. ;
Y.a. :
A. La.
L. a.
E. Mb. O
G.
Effect thereof Effeft. When they havcany Effeci. Done. What may be done by Fine. Claim or Entry.
What, to avoid aFine. By ^vhom, to avoid it. Strangers, &c. One. where it fhalHerve for another, to revive an Entry loft. F. a.
When to be made, And in wh»t Ca- fes it may be at any Time. F
a. 2
Vv'here there arc feveral future Right?
By leveral and di ;lmct Titles. F. a. 4
Wiiere there are feveral Impediments
or Defects. F. a. J
How. Into Part. E. a. 5
In refpedt of the Place where. ^ ; E. a. 4
Non-claim and Entry, within five Years.
How to be accounted. H. a
Repugnant. See(T. a. 2)
Certiorari. Of Certiorari to remove Fines.
K b. i; Avoided or reverfed. For what Error. G.b
Writ of Error
By whom. SeeRecovery,(C. a. 2) G. b. 2 Return. Error in the Return of the
Caption. E. b. 7.
How.
By Plea without Writ,and bv what Plea. G. b. 3
For what Caufe
Durefs. F. b. 2
Fraud, Perfonating, &c. and Plead ines thereof.
E.b. 5
F. b. 6
G. b'. 6 L. b
H. b.2
King's Silver. By one, where it iliall benefit
others. In part, or in all. At what Time.
By Infant, &c. See (D 10)
Pleadings.
, Setting forth the Title. E. b. 8
In General. E. b. 4
in tiie Caption. , F. b. 5
In tlie Proclamations, and the Eflec^
F. b'
of Co F
and
F. b. 4
H.^
E.b. 5
lb
K.b
thereof, in the Dedimus, or Writ
venant. Variance between the Caption, Fine ingroffed, &c. Death of Conufor, or Conufee. Barr of Error in Fines. What is. Not perfected. Unduly gained. Equity. By Writ of Error brought in B.R. How.H. b. 2 By Writ ofDifceit,being of Ancient Dc- mefne Lands. H. b. 5
At what Time. H. b'. 4
What muft be done in order to reverfal Scire Facias againft the Tcnetc- nants, &c. E- 1>. 2
Where a Fine is Barr of Error. Y
Pleadings to reverfe Fines. G. 5. 3
Variance between the Writ of Error,
and the Record, &c. E. b. 6
Confefling and avoiding. G. b. 5
Falfified. See Falfifying, &c. (A) IMifnoliner.— Sec CE- b. 4) pertor. Vacated. D. ii
Amendment of Fines, and common Reco- veries, and Writs relating thereto. H. b.2 Relation of a Fine, to what time to avoid
Incumbrances, &c. A. a. 2
Bar. In what Gales in general a Fine is
a Bar. Z, 2
Bar by St at tit ts of Fines, &c. 27 E.l.c/rp. \. W 24£'. 3. 16. W. 2
I /I. 3; 7- W.3
4 H. 7.24. W4
3iH. 8.3(5. V;^. 5
\\' here, the Proclamations arc made aftcr
the E)eath of the Parties. D. b. 2.
Of What. Y
(Copyhold 'V. I
Entry
A TABLE of the feveral Til LES,
Entry.
Error and Pleadings. Infant and Tiuil. Lcafe
Legacies and Devilc. What other Things.
Y. 2
y.4
Y. 6 Z
Remainders in the King. Vid. Reco- very ( Y ) The Ertate being turned to a Right, and in what Cafes the Eltate fhall be faid to be turned to a Right. Vid. Ouftcr. Vid. Right. H. a, z
In refpeft of the Name 'tis called by in the Fine. See (C. a) What Perfons. (Strangers.) D. a
Iffue in Tail, Tenant in Tail being
Conulee. D. a. z
Such as have uncertain Interefts, as
Terms for Years Y
Equitable Intcrelh D. a
Want of Privity. X. a
Immediate. In what Cafes a Fine fhall be
a prefent Bar. G. a. 2
Revived. F. a. 5
Error in Fines barred, by what Aft. E. b. j Ancient Demcfne. The Force and Effeft of Fines there. N. b. 4
Rcverfed by Difceit. See (H. b. 3) At what Tiine. See {H. b. 4) Extinguiftiment
Of what. A. a
Surrender. In what Cafes Fines will amount to, or enure rs a Surrender. See (Y.a. 2) Aided and made good by Fine and Recovery. What. See (L. a)
Voidable Grants, &c. to Strangers, prece- dent to the Fine. S. 2 Levied. Of what B. a By what Name. C a Of Lands in feveral Vills. E a. 2 Of Lands, &c. in Liea Conus. See (R) E. a When it fhall be faid to be levied. E. a. 3 What Fines proper for what Eftate. N. b. 2 Warranties in Fines. How they may be.
See (P) B. b, 3
Forfeiture. In wh.-it Cafes. Vid. Eftate. E. b. &c. Entry for it, good. Advantage.
Who ihall have it. See Eftate, (C. b.4) Execution. In what Cafes Fine,*; fhall be faid to be executed. Vid. Execution {¥>.) How, and where neceflary
At Common Law and now. P. 5
At what time it may be. N. b. 20
Barr'd by what. P. 4
Abatement by the Death of the King, P. 5 Entry, in what Cafes necefl'ary. Vid. Ex- ecution (C. 2)
ToU'd, hy what Defcent or Alienation, &c. P. 6
Amounts to it, What or what Fines need
Scire facias.
In what Cafes it lies to Execute a Fine, and how. See (P. 4) N. b. 5
At what Time it lies. N. h. 6
How the Writ fhall be. N. b. 10
Variant from tlic Fine. N. b. 1 1
Of what thcConufee, &c. fhall have Exe- cution. N b. S
Abatement of the Writ, and what is a good Ple.i in Sci. fi. on a Fine to abate the • Writ in Part, or in all. N b 1 5
Againft Tertenants, &c. Neceffary in what
Calcs to reverfc Fines. E.b 2