(627) and partly another's. Id. fol. 235. Fleta calls it filum in medio aqua; the thread in the middle of the stream. Fleta, lib. 4, c. 1, § 21. Lord Hale translates filum aqua, middle of the stream. Hale de Jur. Mar. pars 1, c. 4. **The phrase filum aquæ is constantly used in modern law, indifferently with medium filum aquæ, (as part of the phrases, usque filum aquæ, ad filum aquæ, ad medium filum aquæ,) to signify the same thing. 17 Johns. R. 195. 20 Id. 90, 99. 6 Cowen's R. 518. Id. 543-550. 5 Wendell's R. 423. 13 Id. 355. 20 Id. 149. 24 Id. 451. 26 Id. 404. 4 Hill's (N. Y.) R. 369. 2 N. Hamp. R. 369. 3 Greenleaf's R. 474. 3 Kent's Com. 428-431, and notes. 2 Smith's Lead. Cas. 98, (Am. ed. note.) But that filum, in itself, properly imports an outer line, an edge, verge or border, and not a central line, is clear from repeated instances of its use in the old books. Thus, it is expressly applied to the sea, in the phrase altum filum, (L. Fr. haut file de mer,) to denote high-water mark. See the first definition, supra. In the same sense it is applied to a forest. Thus, "if a dog fastens upon a deer before she gains filum foresta, (the edge or verge of the forest,) and she drags the dog into the forest, and is there killed, the owner may pursue and take the deer out of the forest." Manwood's Forest Law, 371. See Filum. Bracton, indeed, (who is followed by Lord Hale,) uses filum to denote a central line, and it is probably through this author that this sense of the word has become so firmly established in modern law. See the quotations supra. In Britton both phrases, fil del ewe, and fil de myleu del ewe, are used in the chapter De Disszisine, but are not apparently distinguished. Britt. c. 42. Strictly, the central line of a stream should be designated as medium filum aquæ, or, in Eng. lish, the "middle thread;" which is the phrase employed by Lord Mansfield and other high authorities. 4 Burr. 2162. 3 Sumner's R. 170. bar to the maintenance of a claim. Ord. Mar. liv. 1, tit. 12. Poth. Oblig. part 3, ch. 8, art. 1. Fr. [from Lat. finis, an end.] An end, or limit; a limitation, or period of limitation. Fin de non-recevoir; à legal from a definitive sentence. Marshall, C. J. (628) 1 Cranch's R. 103. The last decree of an inferior court is final in relation to the power of that court, but not in relation to the property itself, [which is the subject of litigation,] unless it be acquiesced under. Id. ibid. (629) 67. 2 Wooddes. Lect. 186. 1 Steph. Com. 515. Called also, anciently, a final concord, because it put an end to the matter or suit, so that neither of the parties could afterwards recede from it. See Finalis concordia. plied originally to the heavier kind of pay- brought, to be the right of the complainment, imposed for grave offences (mulcta ant. Glanv. lib. 8, c. 3. Shep. Touch. gravior, gravioribus delictis imposita,) an2. 2 Bl. Com. 349. Watkins on Conveyswering to the Saxon wita major, and so ancing, 252. Burton's Real Prop. 20, pl. distinguished from an amercement. Spelman, voc. Finis. See Amercement. It was applied also to a pecuniary mulet inflicted by the courts on a stranger, in contradistinction to an amercement, which was imposed upon their own officers and ministers. 8 Co. 40 b, Griesley's case. Bl. Com. 380. 4 Steph. Com. 442. Fines and amercements are both mentioned in Magna Charta. Mag. Cart. Joh. c. 55. The radical idea of the word corresponds closely with its obvious derivation from the Lat. finis:-a sum paid to end a matter; as to atone for an offence; to be delivered from a punishment. Thus, in old practice, where a party had been punished by imprisonment, he was frequently allowed to be discharged on payment of a fine; his punishment being by such payment ended. Reg. Orig. 222 b, 232. Reg. Jud. 25. A party fined or paying a fine was said finem facere, (q. v.) So, in modern practice, where a party is fined, and ordered to stand committed until the fine is paid, the payment has the same effect of putting an end to the imprisonment. And in any case where a fine constitutes the sole punishment of a party, its payment puts an end to the offence for which it was imposed, or to the legal liability growing out of such offence. To FINE. To impose a pecuniary punishment; to order, adjudge or sentence that an offender pay a certain sum of money as a punishment for his offence. The Lat. finire anciently signified to pay a fine. See Finire. The acknowledgment, conusance, or recognition of right made in this pretended suit, was of the substance and essence of the fine, being, in fact, itself the conveyance of the land; the other proceedings being merely auxiliary. Hence the party intending to convey, (or nominal defendant,) was called the conusor, or cognizor, that is, the acknowledging party; and the party to whom the conveyance was made, the conusee or cognizee. Shep. Touch. (by Preston,) 3-5. 1 Steph. Com. 517. 2 Bl. Com. 350, 351. Hence, also, a fine was said to be an acknowledgment of a feoffment on record. Id. 348. It was, in fact, a solemn conveyance on record, from the cognizor to the cognizee. Id. 355. Fines were recently abolished in England by statute 3 & 4 Will. IV. c. 74, and have been either expressly abolished, or become entirely obsolete, in most of the United States. 1 Steph. Com. 514, 515. 4 Kent's Com. 497. They do not appear to have ever been adopted in New-England. Story, J. 4 Mason's R. 55. * ** The peculiar efficacy of a fine consisted in its being not only a solemn transaction in a court of record, but a transaction in the shape of the acknowledgment of the right of a litigating party, and having the same effect with an actual adjudication of ( 630 )