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Simple English definitions for legal terms
foot of the fine
Read a random definition: beneficial use
A quick definition of foot of the fine:
Foot of the Fine: The last part of a legal agreement called a "fine" that was used to transfer ownership of land. It included all the important details like the names of the people involved and where and when it was signed. It was kept as a record by the court. The fine was a way to settle a dispute over who owned the land and was often a fake argument. It was popular because it provided evidence of the transaction and set a time limit for any future claims to the land.
A more thorough explanation:
Definition: Foot of the fine refers to the fifth and final part of a fine of conveyance in common law. It includes the entire matter, such as the names of the parties, date, place, and where it was acknowledged or levied. This part is also known as chirograph. A fine is an amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land. It was formerly used as a form of conveyance to disentail an estate.
Examples: When a fine was levied, the terms of the compromise agreed by the parties and approved by the judges were entered upon a threefold indenture, one of the parts being given to each of the litigants, and the third being kept among the records of the court. This way, the parties obtained incontestable evidence and abundant security, and either could sue the other if the agreement were not implemented.
Another example is that the intending purchaser brought an action, begun by writ of covenant, against the intending vendor. The parties then applied to the court to compromise the action; by the terms of the compromise (finis), the intending vendor admitted that the land belonged to the intending purchaser because he had given it to him, and the terms of the compromise were recorded in the court records.
Explanation: The examples illustrate how the foot of the fine was used in common law to ensure security in conveyancing and to bar estates tail. The enrolling in the court records provided evidence of the transaction, which was both permanent and free from the danger of forgery. The effect of the fine was to set running a short period of limitation at the expiration of which all claims to the land were barred. The fine was also used as a means of conveying land and as a pecuniary criminal punishment or civil penalty payable to the public treasury.