Blacks Law Dict. 1st ed

FINALIS CONCORDIA

494

FINE NON CAPIENDO, ETC.

the "cognizee" or "conusee," and the fine was said to be levied to him. In the law of tenure. A fine is a mon ey payment made by a feudal tenant to hi» lord. The most usual fine is that payable on the admittance of a new tenant, but theie are also due in some manors fines upon aliena tion, on a license to demise the lands, or on the death of the lord, or other events. Elton, Copyh. 159. In criminal law. Pecuniary punishment imposed by a lawful tribunal upon a person convicted of crime or misdemeanor. It means, among other things, M a sum of money paid at the end, to make an end of a transaction, suit, or prosecution; mulct; penalty." In ordi nary 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. 22 Kan. 15. It is not confined to a pecuniary punishment of an offense, inflicted by a court in the exercise of crim inal jurisdiction. It has other meanings, and may include a forfeiture, or a penalty recoverable by civil action. 11 Gray, 373. FINE AND RECOVERY ACT. Th« English statutes 3 & 4 Wm. IV. c. 74, for abolishing fines and recoveries. 1 Steph. Comm. 514, et seq. FINE ANULLANDO LEVATO DB TENEMENTO QUOD FUIT DE AN TIQUO DOMINICO. An abolished writ for disannulling a fine levied of lands in an cient demesne to the prejudice of the lord. Reg. Orig. 15. FINE CAPIENDO PRO TERRIS. An obsolete writ which lay for a person who, upon conviction by jury, had his lands and goods taken, and his body imprisoned, to be remitted his imprisonment, and have his lands and goods redelivered to him, on ob taining favor of a sum of money, etc. Reg. Orig. 142. FINE FOR ALIENATION. A fine anciently payable upon the alienation of a feudal estate and substitution of a new ten ant. 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 NON CAPIENDO PRO PTTL CHBE PLACITANDO. An obsolete writ

tor from the duties of his trust. 13 N. E. Rep. 131. See, also, 65 Ala. 442. FINALIS CONCORDIA. A final or conclusive agreement. In the process of "levying a fine," this was a final agreement entered by the litigating parties upon the record, by permission of court, settling the title to the land, and which was binding upon them like any judgment of the court. 1 Washb. Real Prop. *70. FINANCES. The public wealth of a state or government, considered either static ally (as the property or money which a state now owns) or dynamically, (as its income, revenue, or public resources.) Also the rev enue or wealth of an individual. FINANCIER. A person employed in the economical management and application of public money; one skilled in the manage ment of financial affairs. FIND. To discover; to determine; to as certain and declare. To announce a conclu sion, as the result of judicial investigation, upon a disputed fact or state of facts; as a jury are said to "find a will." To determine a controversy in favor of one of the parties; as a jury "find for the plain tin*." FINDER. One who discovers and takes possession of another's personal property, which was then lost. A searcher employed to discover goods im ported or exported without paying custom. Jacob, FINDING. A decision upon a question of fact reached as the result of a judicial ex amination or investigation by a court, jury, referee, coroner, etc. FINE, v. To impose a pecuniary punish ment or mulct. To sentence a person con victed of an offense to pay a penalty in money. FINE, n. In conveyancing. An amica ble 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. 2 Bl. Comm. 349. Fines were abol ished in England by St. 3 & 4 Win. 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 "cog* nizor" or "conusor," while the party who re covered or received the estate was termed

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