The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.

How privies in blood are bound in Fines.

ANd by the same Statutes, 1 R. 3. c. 7. 4 H. 7. c. 24. Privies in blood, as Heirs of the Cognisors, claiming by the same title, that their Ancestor had that levied the Fine, be barred presently thereby, whether they be void of im∣pediments or no. As if Land of Soccage te∣nure be given to a Baron and Feme, in speciall tail, the remainder to the right Heirs of the Baron in Fee, and the Baron sole levieth a fine with Proclamation to his own use in Fee, and after deviseth the same Lands to A. in Fee, and hath issue, and then the Baron and the Feme die, the issue in tail is barred, because he can∣not otherwise convey himself to the tail, and de∣scent in tail, than the Heir of the body, both of his Father and Mother, Tr. 18 Eliz. Dyer f. 251. p. 24. 9 H. 8. Dyer f. 3. p. 6. 32 H. 8. Br. Fine 109.

* 1.1So if husband and wife, tenants in speciall tail, have issue, and the wife die, and the hus∣band

Marry another wife and have issue, and le∣vy a fine, sur cognizance de droit come ceo, &c. and by the same fine, take estate in speciall tail, the remainder over, &c. and die, the issue by the first wife is barred, because he is privy in blood, the continuance of the possession in the husband notwithstanding, 32 E. 3 Dyer pl. 16 Eliz. f. 354. p. 31. and 32.

But if my Fathers Brother disseise him, and levy a fine with Proclamation, and my Father and Unckle within five years after Proclamati∣on die, yet may I avoid it by entry, at any time before the end of the said five years, notwith∣standing, that I am privy in blood unto my Unckle, for that my title to the Land; groweth by my Father, and not as Heir unto my Unckle, P. 19 H. 8. Dyer f. 3. p. 3.

Nevertheless, if my Father disseise my Grand∣father of an estate in Fee, and thereof levy a fine with Proclamation, and first my Grand-father, and then my Father die, I am now barred as privy, because I cannot otherwise convey my self to the Lands, than as Heir unto my Father the Cognisor, P. 19 H. 8. Dyer f. 3. p. 3.

Notes

• * 1.1

  Privies.