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Home » Law Dictionary » F » FINE

FINE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) conveyance, Practice. 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. Com. 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. Lawyer, 84, 85,) have been in use in the civil law, and are called transactions. 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. on Convey. 200, 202, 268, 269 2 Bl. Com. 348-9. (B) criminal law. Pecuniary punishment imposed by a lawful tribunal, upon a person convicted of crime or misdemeanor. See Shep. Touchs. 2; Bac. Abr. Fines and Amercements. 2. 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, nor cruel and unusual punishments inflicted. Amendm. to the Constitution, art. 8. See Division of opinion.

Law Dictionary – Alternative Legal Definition

(verb) – To impose a pecuniary punishment or mulct To sentence a person convicted of an offense to pay a penalty in money.

(noun) – In conveyanclng. 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 toe, the right of one of the parties. Fines were abolished in England by St. 3 A 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 “cognlzee” 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, & N. Y. 495, 57 Am. Dec. 470. Executed fine, see EXECUTED. Fine and reoovery not. 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 L, and by Magna Charta. 2 Bl. Comm. 135; Mozley A Whitley. Fine sur cognisance do droit como ceo quo il ad de son done. A fine upon acknowledgment of the right of the cognises as that which he hath of the gift ot the cognisor. 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 do droit tantum. 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 cognisor, of which there could be no foeffment supposed. 2 Bl. Comm. 853; 1 Steph. Comm. 519. Fine sur conoessit. 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. 3o3; 1 Steph. Comm. 519. Fine sur done sprant 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 cognisance de droit 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,

Related Posts:

  • CONCORD
  • AMICABLE
  • TRANSACTIO
  • WITHDRAWING A JUROR
  • LICENTIA CONCORDANDI
  • ABSTRACT OF A FINE

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