Pr Fine - Law Dictionary Search Results
Home Dictionary Name: pr finePr'fine
Pr'fine, the fee paid on suing out the writ of covenant, on levying fines, before the fine was passed, 2 Bl. Com. 350....
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
Primer fine
Primer fine. One suing out the writ or pr'cipe, called a writ of covenant, there was due to the Crown, by ancient prerogative, a primer fine, or a noble for every five marks of land sued for; that was one-tenth of the annual value, 1 Steph. Com....
Pr'munire
Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...
Misericordia
Misericordia, an arbitrary amerciament or punishment imposed on any person for an offence. it is thus called, according to Fitzherbert, because it ought to be but small and less than that required by Magna Charta, Anc. Inst. Eng.Also, a discharge of all manner of amerciaments, which a person might incur in the forest. See CAPLAS PR FINE. See 1 Chit. Arch. Prac., 12th Edn. 527....
Pr'cipe
Pr'cipe (command), a slip of paper upon which the particulars of a writ are written; it is lodged in the office out of which the required writ is to be issued.A pr'cipe must be filed by the party issuing or his solicitor before a writ of execution is issued, which pr'cipe must contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any, for execution, and the names of those against whom it issued, and must be signed by the party or solicitor issuing it [(English) R.S.C. Ord. XLII., Rule 12]. For forms of such pr'cipes, see ibid., App. G. The goods of the debtor are bound immediately after the application for the pr'cipe, Murgatroyd v. Wright, (1907) 2 KB 333....
Fines in copyholds
Fines in copyholds. A fine which is preserved by 12 Car. 2, c. 24, s. 6, is a sum of money payable by custom to the lord. There are three classes of fines:- (1) those due on the change of the lord; (2) those on the change of the tenant; and (3) those for a licence to the tenant to do certain acts.When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless...
Nemo pr'sumitur alienam posteritatem su' pr'tulisse
Nemo pr'sumitur alienam posteritatem su' pr'tulisse. Wing 285, (No one is presumed to prefer the posterity of another to his own.)...
Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est
Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est. Co. Litt. 78, (Odious and dishonest things are not to be presumed in law; and in an act which partakes both of good and bad, the presumption should be done in favour of what is good than that is bad....
Proviso est providere pr'sentia et futura non pr'terita
Proviso est providere pr'sentia et futura non pr'terita. Co. 72, (A proviso is to provide for the present or future, not the past.)...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial