FINE

(517) FINAL ORDER, (in New York code). 4 How. possessor of property, is entitled to the (N. Y.) Pr. 78. FINAL PASSAGE, (of bill). 54 Ala. 599. possession of it against all persons, except the true owner. Armory v. Delamirie, 1 Str. 504; 1 Sm. Lead. Cas. 357. See Pos- Fines were so called from the words with which the record of the fine began: Hæc est finalis concordia inter, &c.: "This is a final concord or compromise between," &c. Wms. 106; Litt. & 441. 1. Criminal.-In criminal law, a fine is a sum of money ordered to be paid by an offender, as a punishment for his offence. A fine is at common law one of the punishments for misdemeanors, and it has been made a punishment for many offences by modern statutes. (Greaves Cr. L. 6; Steph. Cr. Dig. 7; 4 Steph. Com. 444. "And it is called finis, because it is an end for that offence." Co. Litt. 126b; 8 Co. 39a, 59 b.) Thus, in England, when any person has been convicted of an indictable misdemeanor punishable under the Criminal Law Consolidation Acts (24 and 25 Vict. сс. 96, 97, 98, 99, 100), the court may, in addition to or in lieu of any punishment authorized by the particular act, inflict a fine upon the offender. (4 Broom & H. Com. 247, 472; 4 Steph. Com. 444.) In the (518) United States, fines are to a great extent new estate during the joint lives of himself and discretionary as to amount (within certain statutory limits), but the United States constitution forbids the imposition of excessive fines. Amend. Art. 8. 2. For contempt of court. -The superior courts and courts of record (see COURT, 2 2, 3,) have a general power of imposing pecuniary mulets for disobedience to their orders, not only on their own officers and on parties to suits pend. ing before them, but also on strangers, e. g. recusant witnesses and the like. See AMERCEMENT; CONTEMPT. 23. Copyhold fines. - In the law of tenure, a fine is a money payment made by a feudal tenant to his lord. The only existing fines of any importance occur in copyhold lands, where upon a change in the tenancy a fine is commonly due to the lord. (Co. Litt. 59 b.) 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. Elt. Copyh. 159. Fines are of two kinds, arbitrary and certain. 4. Certain. A fine certain may be fixed by the custom at a particular sum for every admittance, when it is called a "general fine," (Middleton v. Jackson, 1 Ch. Rep. 33; Toth. 164;) or at so much for every acre, or the like; or it may be ascertained by reference to some other standard, as where the tenant is to pay a year's value for a fine. the new lord, while on the death or alienation of the tenant his heir or devisee pays the lord a "dropping fine" for admittance. Somerset ข. France, 1 Str., cited in Elt. Copyh. 160. 28. Fines on alienation. One of the incidents of tenure in capite by knight service was that a fine was due to the king on every alienation or conveyance of the land by the tenant to another person. Fines of this kind were abolished by Stat. 12 Car. II. c. 24. 2 Bl. Com. 71. 9. Fines of land. -Before the Fines and a Recoveries Act (q. v.) (Stat. 3 and 4 Will. IV. c. 74,) there existed a fictitious judicial proceeding known as a fine, which was formerly in common use as a mode of conveying land. It was really a compromise of a fictitious suit commenced concerning the lands intended to be conveyed, and the operation ope (called levying fine) was thus performed. A præcipe, or writ, was sued out and the parties appeared in court; a composition of the suit was then entered into, with the consent of the judges, whereby the lands in question were declared to be the right of (i. e. to belong to) one of the parties. This agreement was reduced into writing, and was enrolled amongst the records of the court, so that it had the effect of a judgment of the court. On the completion of the fine a writ was issned to the sheriff of the county in which the land lay, in the same form as if a judgment had been obtained in a hostile suit, directing the sheriff to deliver seisin and possession to the person who acquired the lands. But if he was already in possession this writ was dispensed with. A fine consisted of five parts, namely, the original writ, the license to agree, or licencia concordandi, which was given by the leave of the court, on payment of a fine to the king, called the "king's silver." The third part was the concord or agreement, by which it was agreed that the lands were the right of the person in whose favor the fine was levied. The fourth part was a note of the proceedings, drawn up by an officer called the "chirographer;" and the fifth part was the foot or chirograph of the fine, which recited the whole proceedings. This chirograph was delivered to the parties, and was legal evidence of the fine, and was retained by the purchaser as one of his 25. Arbitrary. The amount of an arbitrary fine is not left to the discretion of the lord, except in those cases where the grant is purely voluntary, as where a copyhold has come into the ownership of the lord, or where a copyholder for lives, without right of renewal or power of nominating a successor, surrenders his estate for the purpose of putting in more lives. In other cases the fine, though arbitrary, must be reasonable; and the court will decide what is reasonable under the particular circumstances. (Elt. Copyh. 162.) In ordinary cases it must not extitle-deeds. (Wms. Seis. 106; 2 Bl. Com. 348; ceed two years' improved value of the land. Id. 1 Steph. Com. 559; Shelf. R. P. Stat. 301.) The 165; Co. Litt. 59 b. person to whom the land was to be conveyed was 26. Full-Small. - A full fine is the high-called the complainant or conusee, and he by est amount which the lord can exact on an ordinary admittance, as opposed to a small or nominal fine; thus, in some manors where a person who is already a customary tenant is admitted to other copyholds he pays only a small fine certain, e. g. a penny. Elt. Copyh. 164. whom it was to be conveyed the deforciant (see DEFORCEMENT) or conusor (cognisor), because he acknowledged the right of the complaina FINE, & 8.

RECOVERY, (defined). 2 Paine (U. S.) 688; 3 Murph. (N. C.) 169. (when means "collect" or "obtain"). 7 Pet. (U. S.) 113, 126. 117. (in a statute). 33 Me. 179; 103 Mass. RECOVERY OF LAND, (action for). 14 Ch. D. 492.

the finder and the keeper of a hotel in which money or other thing of value is found.1 The owner of a tannery neglected to remove all of the hides he had placed in the vats. The land was sold, and, forty years later, a laborer discovered the hides. Held, that the representative of the owner was entitled to them.2 Property is not lost, in the sense of the rule, if it was intentionally laid on a table, counter, or other place, by the owner, who forgot to take it away. In such case the proprietor of the premises is entitled to the custody. Whenever the surroundings show that the article was deposited in its place, the finder has no right of possession against the owner of the building. An article casually dropped is also within the rule.1 See ABANDON, 1; ESTRAY; REWARD, 2; TREASURETROVE; TROVER. 2. A corporation engaged in business within a State is said to be "found" doing business there.3 To give the Federal courts jurisdiction in personam over a foreign corporation, in the absence of a voluntary appearance, it must appear, as a fact, that the corporation is carrying on business in such foreign State or district; that such business is transacted or managed by some agent or officer representing the corporation, and some local law must make the corporation amenable to suit there. "Not found" is an abridged form of return which usage sanctions. It imports that the defendant was not found within the meaning of the precept, that is, after proper effort to find him in the due execution of the precept.1 See RESIDE. 4. To arrive at as a conclusion; to conclude or terminate formally: as, to find an indictment, a verdict. If the grand jury are satisfied of the truth of an accusation, they indorse upon it "a true bill." The indictment is then said to be "found." To this at least twelve jurors must agree. Opposed, "not found." 2 Finding. The decision of a judge, arbitrator, jury, or referee. Finding against evidence. A finding which negatives the existence of a fact admitted by the pleadings; also, a finding not sustained by the evidence. 3 General finding; special finding. Issues of fact in civil cases in any circuit court may be tried and determined by the court, without the intervention of a jury, whenever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the The presence of the chief officers of a corporation facts, which may be either general or special, in a State other than that of its creation does not change its residence, nor does the fact that the officers take into such State corporate property for exhibition and advertisement, bring the corporation into the State as an "inhabitant," or so that it can be "found" there. Corporations are citizens of the State under whose laws they are created. They cannot, by engaging in business in another State, acquire a residence there. 3. "Find" and "found," said of a defendant as to whom a summons or other process has been issued, have a technical meaning, the equivalent of the Latin inventus, come upon, met.7 Opposed, "not found:" non est inventus, he has not been found; abbreviated n. e. i. 1 Hamaker v. Blanchard, 90 Pa. 379 (1879), cases, Trunkey, J. 2 Livermore v. White, 74 Me. 452 (1883), cases. 3R. S. § 739; Exp. Schollenberger, 96 U. S. 378 (1877); Blackburn v. Selma, &c. R. Co., 2 Flip. 535 (1879); Robinson v. Nat. Stock-Yard Co., 12 F. R. 361 (1882); Mohr Distilling Co. v. Insurance Cos., ib. 474, 476 (1882), cases; Merchants' Manuf. Co. v. Grand Trunk R. Co., 13 id. 358, 360 (1882), cases. United States v. American Bell Telephone Co., 29 F. R. 17 (1886), cases, Jackson, J.; 32 id. 437. shall have the same effect as the verdict of a jury.4 The parties are concluded by the propositions of fact which the evidence, in the opinion of the court, establishes. Whether general or special, the finding has the same effect as the verdict of a jury; and its sufficiency to sustain the judgment is the only matter for review, the "sufficiency" of the finding, not of the facts, is meant. Special finding. A statement of the ultimate facts on which the law must determine the rights of the parties.7 The finding of a referee should have the precision of a special verdict; it should specify with distinctness the facts found, and not leave them to be inferred. SEE VERDICT, Special. 1. An amicable composition or agreement of a suit, actual or fictitious, by leave of the king or of his justices, whereby 1 International Grain Ceiling Co. v. Dill, 10 Bened. 95 (1878), Choate, J. 24 Bl. Com. 305. 3 Silvey v. Neary, 59 Cal. 98 (1881); Harris v. Harris, ib. 620 (1881). R. S. § 649. R. S. § 700; Ryan v. Carter, 93 U. S. 81 (1876), cases; * Carpenter v. Westinghouse Air Brake Co., 32 F. R. Tyng v. Grinnell, 92 U. S. 469 (1875), cases; 18 Wall. 254; 434 (1887), Brewer, J. Fales v. Chicago, &c. R. Co., 32 F. R. 678-79 (1887), cases. Carter v. Youngs, 42 N. Y. Supr. Ct. 172 (1877), Sanford. J. 103 U. S. 556; 112 id. 604. • Walnut v. Wade, 103 U. S. 688 (1880). 7 Norris v. Jackson, 9 Wall. 127 (1869), cases. 8 Mason Lumber Co. v. Buchtel, 101 U. S. 637 (1879). L. finis, end.

Finished; brought to perfection; refined; hence, free from impurity; excellent; superior; elegant; worthy of admiration; accomplished; beautiful. The gain thereof [is better] than fine gold. Prov. iii. 14. A cup of wine that's brisk and fine. Shak. Not only the finest gentleman of his time, but one of the finest scholars. Felton. To soothe the sick bed of so fine a being [Keats]. Leigh Hunt. Aiming at show or effect; loaded with ornament; overdressed or overdecorated; showy. He gratified them with occasional . . . fine writing. M. Arnold. Nice; delicate; subtle; exquisite; artful; skillful; dexterous. The spider's touch, how exquisitely fine! Pope. The nicest and most delicate touches of satire consist in fine raillery. Dryden. He has as fine a hand at picking a pocket as a woman. T. Gray. Not coarse, gross, or heavy; as: Not gross; subtile; thin; tenous. The eye standeth in the finer medium and the object in the grosser. Bacon. Not coarse; comminuted; in small particles; as, fine sand or flour. Not thick or heavy; slender; filmy; as, a fine thread. Thin; attenuate; keen; as, a fine edge. Made of fine materials; light; delicate; as, fine linen or silk. Having (such) a proportion of pure metal in its composition; as, coins nine tenths fine.

To make fine; to refine; to purify, to clarify; as, to fine gold. It hath been fined and refined by . . . learned men. Hobbes. To make finer, or less coarse, as in bulk, texture, etc.; as. to fine the soil. L. H. Bailey. To change by fine gradations; as (Naut.), to fine down a ship's lines, to diminish her lines gradually. I often sate at home On evenings, watching how they fined themselves With gradual conscience to a perfect night. Browning.

End; conclusion; termination; extinction. [Obs.] "To see their fatal fine." Spenser. Is this the fine of his fines Shak. A sum of money paid as the settlement of a claim, or by way of terminating a matter in dispute; especially, a payment of money imposed upon a party as a punishment for an offense; a mulct.

Expression of (typically) reluctant or agreement. | Expression of (typically) reluctant acceptance, without further argument or discussion, of another person's viewpoint.

To make finer, purer, or cleaner; to purify or clarify. | To become finer, purer, or cleaner. | To make finer, or less coarse, as in bulk, texture, etc. | To change by fine gradations. | To clarify (wine and beer) by filtration. | To become gradually fine; to diminish; to dwindle (with away, down, or off).

A fee levied as punishment for breaking the law. | Money paid by a tenant on the commencement of a tenancy so that their rent may be small or nominal. | A drink that must be taken during a meal or as part of a drinking game, following an announcement that anyone who has done some (usually outrageous) deed is to be fined; similar to I have never; commonly associated with swaps; very similar to a sconce at Oxford University, though a fine is the penalty itself rather than the act of issuing it.