Reversal of Fines and Recoveries, etc. Act 1698

Reversal of Fines and Recoveries, etc. Act 1698X1

1698 CHAPTER 20 10 Will 3

An Act for limiting certaine times within which Writts of Error shall be brought for the reversing Fines Common Recoveries and ancient Judgments.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Reasons for passing this Act.

Fines, Recoveries, or Judgements not reversed for Error, &c. unless upon Suit brought within 20 Years.

Whereas Fines and Common Recoveries are the Principall Assurances of Mens Estates and Titles and Possessions depend thereon and are protected and secured thereby and by ancient Judgments which neverthelesse are reversible at any time without Restraint or Limitation for any Error or Defect which happens therein by the Ignorance or Carelessnesse of Clerks and sometimes by unavoydable Accidents For the Remedy thereof and for the quieting Mens Titles and Possessions under ancient Fines and Recoveries and ancient Judgments Be it enacted and ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by Authority of the same That no Fine or Common Recovery nor any Judgment in any Reall or Personall Action shall from and after the First Day of May One thousand six hundred ninety nine be reversed or avoyded for any Error or Defect therein unlesse the Writt of Error or Suite for the reversing such Fine Recovery or Judgment be commenced or brought and prosecuted with effect within Twenty Yeares after such Fine levied or such Recovery suffered or Judgment signed or entred of Record.

II. Proviso for Infancy, Coverture, &c.

Provided alwaies That if any Person who is or shall be intituled to any such Writt of Error as aforesaid shall at the time of such Title accrewed be within the Age of Twenty one Yeares or Covert non compos mentis imprisoned or beyond the Seas that then such Person his or her Heires Executors or Administrators (notwithstanding the said Twenty Yeares expired) shall and may bring his her or their Writt of Error for the reversing any such Fine Recovery or Judgment as he she or they might have done in case this Act had not been made soe as the same be done within Five Yeares after his or her full Age Discoverture comeing of sound Mind Enlargement out of Prison or returning from beyond the Seas or Death but not afterwards or otherwise.