and binding the lands of the cognizor, from the time of enrollment on record[1]. There are alſo other recognizances, of a private kind, in nature of a ſtatute ſtaple, by virtue of the ſtatute 23 Hen. VIII. c. 6. which have been already explained[2], and ſhewn to be a charge upon real property.
3. A defeazance, on a bond, or recognizance, or judgment recovered, is a condition which, when performed, defeats or undoes it, in the ſame manner as a defeazance of an eſtate before-mentioned. It differs only from the common condition of a bond, in that the one is always inſerted in the deed or bond itſelf, the other is made between the ſame parties by a ſeparate and frequently a ſubſequent deed[3]. This, like the condition of a bond, when performed, diſcharges and diſincumbers the eſtate of the obligor.
These are the principal ſpecies of deeds or matter in pais, by which eſtates may be either conveyed, or at lead affected. Among which the conveyances to uſes are by much the moſt frequent of any; though in theſe there is certainly one palpable defect, the want of ſufficient notoriety: ſo that purchaſors or creditors cannot know with any abſolute certainty, what the eſtate, and the title to it, in reality are, upon which they are to lay out or to lend their money. In the antient feodal method of conveyance (by chiving corporal ſeiſin of the lands) this notoriety was in ſome meaſure anſwered; but all the advantages reſulting from thence are now totally defeated by the introduction of death-bed deviſes and ſecret conveyances: and there has never been yet any ſufficient guard provided againſt fraudulent charges and incumbrances; ſince the diſuſe of the old Saxon cuſtom of tranſacting all conveyances at the county court, and entering a memorial of them in the chartulary or leger-book of ſome adjacent monaſtery[4]; and the failure of the general regiſter eſtabliſhed by king Richard the firſt, for mortgages made to Jews, in the capitula de Judaeis,
