ſtitute, or ſuch as claim under any conveyance made by him ſubſequent to the fine ſo levied[1].
Strangers to a fine are all other perſons in the world, except only parties and privies. And theſe are alſo bound by a fine, unleſs, within five years after proclamations made, they interpoſe their claim; provided they are under no legal impediments, and have then a preſent intereſt in the eſtate. The impediments, as hath before been ſaid, are coverture, infancy, impriſonment, infanity, and abſence beyond ſea: and perſons, who are thus incapacitated to proſecute their rights, have five years allowed them to put in their claims after ſuch impediments are removed. Perſons alſo that have not a preſent, but a future intereſt only, as thoſe in remainder or reverſion, have five years allowed them to claim in, from the time that ſuch right accrues[2]. And if within that time they neglect to claim, or (by the ſtatute 4 Ann. c. 16.) if they do not bring an action to try the right, within one year after making ſuch claim, and proſecute the ſame with effect, all perſons whatſoever are barred of whatever right they may have, by force of the ſtatute of non-claim.
But, in order to make a fine of any avail at all, it is neceſſary that the parties ſhould have ſome intereſt or eſtate in the lands to be affected by it. Elſe it were poſſible that two ſtrangers, by a mere confederacy, might without any riſque defraud the owners by levying fines of their lands; for if the attempt be diſcovered, they can be no ſufferers, but muſt only remain in ſtatu quo: whereas if a tenant for life or years levies a fine, it is an abſolute forfeiture of his eſtate to the remainder-man or reverſioner[3], if claimed in proper time. It is not therefore to be ſuppoſed that ſuch tenants will frequently run ſo great a hazard; but if they do, and the claim is not duly made within five years after their reſpective terms expire[4], the eſtate is for ever barred
