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Fine

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In conveyancing. An amicable composition or agreement of a suit, either actual or fictitious, by leave of the court, by which the lands in question become, or are acknowledged to be, the right of one of the parties.

Co. Litt. 120; 2 Bl. Comm. 349; Bac. Abr. "Fines and Recoveries."

A fine is so called because it puts an end not only to the suit thus commenced, but also to all other suits and controversies concerning the same matter. Such concords, says Doddridge (Eng. Lawy. 84, 85), have been in use in the civil law, and are called transactions, whereof they say thus: Transactiones sunt de eis quae in controversia suntj a lite futura aut pendente ad certam compositionem reducuntur, dando aliquid vel accipiendo. Or, shorter, thus: Transactio est de re dubia et lite ancipite ne dum ad finem ducta, nan gratuita pactio. It is commonly defined an assurance by matter of record, and is founded upon a supposed previously existing right, and upon a writ requiring the party to perform his covenant; although a fine may be levied upon any writ by which lands may be demanded, charged, or bound. It has also been defined an acknowledgment on record of a previous gift or feoffment, and prima facie carries a fee, although it may be limited to an estate for life or in fee tail.

Prest. Conv. 200, 202, 268, 269; 2 Bl. Comm. 348, 349.

In Criminal Law, Pecuniary punishment imposed by a lawful tribunal upon a person convicted of crime or misdemeanor. In Feudal Law. Money exacted by the superior lord upon any change in the tenure, as upon alienation, endowment, etc.

2 Bl. Comm. 71, 135.