fine

a forfeiture or penalty recoverable in a civil action.

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.

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 ot one of the parties. Co. Litt. 120; 2 Bla. Com. 349; Bacqn, Abr. Fines and Recoveries. Fines were abolished in England by stat 3 & 4 Wm. IV. c. 74. Their use was not unknown in the United States, but has been either expressly abolished or become obsolete. See 1 Steph. Com. 514. A fine Is so called because It puts an end not only to the suit tbus commenced, but also to all other suits and controversies concerning the same matter. Such concords, says Doderldge (Eng. Lawyer 84), have been in use In the civil law, and are called transactions, whereof they say thus: Tranaactionea aunt de eia qua in controveraia aunt, a Me futura aut pendente ad certain oompoaitionem reducuntur, dando aliquid vel accipiendo. Or shorter, thus: Tranaactio eat de re dubia et lite ancipite ne dum ad flnem ducta, non 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 acbe limited to an estate for ilfe or in fee-taii. Prest. Gonv. 200, 202, 268, 289; 2 Bla. Com. 848. The stat. 18 Bdw. I., called modus levandi fines, declares and regulates tbe manner in which they should be levied and carried on: and that is as follows: The party to whom the land is conveyed or assured commences an action at law against the other, generally an action of covenant, by suing out a writ of prcecipe, called a writ of covenant, that tbe one shall convey the lands to tbe other, on the breach of which agreement the action is brought. Tbe suit being thus commenced, then follows tbe Ucentia concordandi, or leave to compromise the suit. Tbe concord, or agreement itself, after leave obtained by the court: this is usually an acknowledgment from tbe deforciants that the lands in question are tbe lands of tbe complainants. Tbe note of the fine, which is only an abstract of the writ of covenant and the concord; naming the parties, tbe parcels of land, and the agreement. The foot of tbe fine, or tbe conclusion of it, which Includes the whole matter, reciting the parties, day, year, and place, and before whom it was acknowledged or levied. See Cruise, Fines; Bacon, Abr. Fines ond Recoveries; Corny ns. Dig. Fine. In Criminal Law. Pecuniary punishment Imposed by a lawful tribunal upon a person convicted of crime or misdemeanor. See Shepp. Touchst. 2; Bacon, Abr. Fines and Amercements; 1 Bish. Cr. L. § 940. It may Include a forfeiture or penalty recoverable in a civil action; Hanscorab v. Russell, 11 Gray (Mass.) 373; Atchison & N. R. Co. v. Baty, 6 Neb. 37, 29 Am. Rep. 356. A fine abates if unpaid at the death of the offender; U. S. v. Mitchell, 163 Fed. 1014. The amount of the fine is frequently left to the discretion of the court, who ought to proportion the fine to the offence. To prevent the abuse of excessive fines, the constitution of the United States directs that “excessive bail shall not be required, nor excessive fines imposed.” Vlllth Amendment; Cooley, Const. Lim. 377. This applies to national and not to state legislation; • Pervear V. Massachusetts, 5 Wall. (U. S.) 480, 18 L. Ed. 608. The supreme court cannot, on haheas corpus, revise the sentence of an inferior court on the ground that the flue was excessive; In re Watkins, 7 Pet. (U. S.) 668, 8 L. Ed. 786. The power to fine reposed in a court of last resort is not unlimited, but is limited by the obligation not to Impose excessive fines; Standard Oil Co. of Indiana v. State of Missouri, 224 U. S. 271, 32 Sup. Ct. 406, 66 L. Ed. 760.

n. In conveyancing. An amicable composition or agreement of a suit, either actual or fictitious, by leave of the court, by which the lauds in question become, or are acknowledged to toe, the right of one of the parties. 2 BL Comm. 349; Christy v. Burch, 25 Fla. 942, 2 South. 258; First Nat. Bank v. Roberts, 9 Mont. 323, 23 Pac. 718; Hitz v. Jenks, 123 U. S. 297, 8 Sup. Ct. 148, 31 L. Ed. 156; McGregor v. Comstock, 17 N. Y. 166. Fines were abolished in England by St. 3 & 4 Wm. IV. c. 74, substituting a disentailing deed, (q. v.) The party who parted with the land, by acknowledging the right of the other, was said to levy the fine, and was called the "cognizor" or "conusor," while the party who recovered or received the estate was termed the "cognizee" or "conusee," and the fine was said to be levied to him. In the law of tenure. A fine is a money payment made by a feudal tenant to his lord. The most usual fine is that payable on the admittance of a new tenant, but there are also due in some manors fines upon alienation, on a license to demise the lands, or on the death of the lord, or other events. Elton, Copyh. 159; De Peyster v. Michael, 6 N. Y. 495, 57 Am. Dec. 470.
—Executed fine, see .Executed.

— Fine and recovery act. The English statutes 3 & 4 Wm. IV. c. 74, for abolishing fines and recoveries. 1 Steph. Comm. 514, et seq.

— Fine for alienation. A fine anciently payable upon the alienation of a feudal estate and substitution of a new tenant. It was payable to the lord by all tenants holding by knight's service or tenants in capite by socage tenure. Abolished by 12 Car. II. c. 24. See 2 Bl. Comm. 71, 89.

— Fine for endowment. A fine anciently payable to the lord by the widow of a tenant, without which she could not be endowed of her husband's lands. Abolished under Henry I., and by Magna Charta. 2 Bl. Comm. 135; Mozley & Whitley.
—Fine sur cognisance de droit come ceo que il ad de son done. A fine upon acknowledgment of the right of the cognizee as that which he hath of the gift of the cognizor. By this the deforciant acknowledged in court a former foeffment or gift in possession to have been made by him to the plaintiff. 2 Bl. Comm. 352.

— Fine sur cognizance de droit tantnm. A fine upon acknowledgment of the right merely, and not with the circumstance of a preceding gift from the cognizor. This was commonly used to pass a reversionary interest which was in the cognizor, of which there could be no foeffment supposed. 2 Bl. Comm. 353; 1 Steph. Comm. 519.

— Fine sur concessit. A fine upon concessit, (he hath granted.) A species of fine, where the cognizor, in order to make an end of disputes, though he acknowledged no precedent right, yet granted to the cognizee an estate de novo, usually for life or years, by way of supposed composition. 2 Bl. Comm. 353; 1 Steph.'Comm. 519.

— Fine sur done grant et render. A double fine, comprehending the fine sur cognizance de droit come ceo and the fine sur concessit. It might be used to convey particular limitations of estates, whereas the fine sur cognizance de dfroit come ceo, etc., conveyed nothing but an absolute estate, either of inheritance, or at least freehold. In this last species of fines, the cognizee, after the right was acknowledged to be in him, granted back again or rendered to the cognizor, or perhaps to a stranger, some other estate in the premises. 2 Bl. Comm. 353. In criminal law. Pecuniary punishment imposed by a lawful tribunal upon a person convicted of crime or misdemeanor. Lancaster v. Richardson, 4 Lans. <N. Y.) 140; State v. Belle, 92 Iowa, 258, 60 N. W. 525; State v. Ostwalt, 118 N. C. 1208, 24 St E. 660, 32 In R. A. 396. It means, among other things, "a sum of money paid at the end, to make an end of a transaction, suit, or prosecution; mulct; penalty." In ordinary legal language, however, it means a sum of money imposed by a court according to law, as a punishment for the breach of some penal statute. Railroad Co. v. State, 22 Kan. 15. . It is not confined to a pecuniary punishment of an offense, inflicted by a court in the exercise of criminal jurisdiction. It has other meanings, and may include a forfeiture, or a penalty recoverable by eivil action. Hanscomb v. Russell, 11 Gray (Mass.) 373.

— Joint fine. In old English law. "If a whole vill is to be fined, a joint fine may be laid, and it will be good for the necessity of it; but, in other cases, fines for offenses are to be severally imposed on each particular offender, and not jointly upon all of them." Jacob.

v. To impose a pecuniary punishment or mulct To sentence a person convicted of an offense to pay a penalty in money. Goodman v. Durant B. & L. Ass'n, 71 Miss. 310, 14 South. 146; State v. Belle, 92 Iowa, 258, 60 N. W. 525.

To impose a pecuniary punishment; to adjudge or order that an offender pay a certain sum of money as a punishment for his offense.

vo. Toimposea pecuniary punishment or mulct. To sentence a person convicted of an offense to pay a penalty in money.

1. A sum of money paid by an offender as punishment. 2. A price paid for a privilege. 3. Fine for alienation: a price paid the lord by the tenant in chivalry for permission to alien his lands. 4. Fine of lands: a conveyance of lands by acknowledgment of record, which had the effect of barring an estate tail by excluding the issue of the one levying the fine, the cognizor. The cognizee sued out a writ of praecipe on a fictitious covenant of the cognizor to convey the land in question, upon which a primer fine of one tenth the annual value of the land was due the King. The court then granted a licentia concordandi, cong^ d'accorder, or leave to agree, upon which the post fine, or three twentieths the annual value of the land, became due the King. Then followed the acknowledgment, the concord itself, made by the cognizor in open court or before commissioners appointed by dedivms potestatem, that the lands were the property of the cognizee. Then followed the note of the fine, an abstract of the writ of covenant and the concord, which was enrolled in the proper office; and the foot of the fine, containing the whole matter, engrossed in indentures by the chirographer and delivered to the cognizor and cognizee. There fwere four kinds of fines, sur cognizance de droit come ceo que il ad de son done [fr), a fine upon the acknowledgment of the right which the cognizee hath by gift, a feoffment of record; sur cognizance de droit tantum, upon acknowledgment of right merely j sur concessit, upon grant, by acknowledgment of a grant de novo, but of no precedent right; and sur don, grant et render, upon gift, grant, and render, a combination of the first and third kinds.

[L. Fr. ^, feyn; from Lat. fims, an end.] In English law. A sum of money or price {pretium) paid for obtaining a benefit, favor or privilege; as the ancient fines for obtaining a writ, and for alienation; and the modem fines for admission to a copyhold, for obtaining or renewing a lease.* 8 Co, 69 b, Beecher's case. See Fine for alienation, A sum of money paid by an offender in' satisfaction of his offence, and as a punishment (pcena) for it.* 8 Co. 59 b. See Fins or Mulct. A species of conveyance or assurance, the effect of which was to make men enjoy their lands and inheritances in peace, (pax.)* 8 Co. ub. sup. See Fine of lands. All these, in the words of Lord Coke, "are called fines because they are the end, or causes of the end of all the said businesses." 8 Co, ub, sup.

This word has various significations. It is employed, 1, to mean a sum of money, which by. judgment of a competent jurisdiction, is required tobe paid for the punishment of an offence; 2, to designate the amount paid by the tenant, on his entrance, to the lord; 3, to signify a special kind of conveyance.