Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/369

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Ch. 21.
of Things.
353

cognoſcit, the rignt to be in the plaintiff, or cognizee, as that which he hath de ſon done, of the proper gift of himſelf, the cognizor. 2. A fine "ſur cognizance de droit tantum," or, upon acknowlegement of the right merely; not with the circumſtance of a preceding gift from the cognizor. This is commonly uſed to paſs a reverſionary intereſt, which is in the cognizor. For of ſuch reverſions there can be no feoffment, or donation with livery, ſuppoſed; as the poſſeſſion during the particular eſtate belongs to a third perſon[1]. It is worded in this manner; "that the cognizor acknowleges the right to be in the cognizee; and grants for himſelf and his heirs, that the reverſion, after the particular eſtate determines, ſhall go to the cognizee[2]." 3. A fine "ſur conceſſit" is where the cognizor, in order to make an end of diſputes, though he acknowleges no precedent right, yet grants to the cognizee an eſtate de novo, uſually for life or years, by way of ſuppoſed compoſition. And this may be done reſerving a rent, or the like: for it operates as a new grant[3]. 4. A fine "ſur done, grant, et render," is a double fine, comprehending the fine ſur cognizance de droit come ceo, &c, and the fine ſur conceſſit; and may be uſed to create particular limitations of eſtate: whereas the fine ſur cognizance de droit come ceo, &c, conveys nothing but an abſolute eſtate, either of inheritance or at leaſt of freehold[4]. In this laſt ſpecies of fine, the cognizee, after the right is acknowleged to be in him, grants back again, or renders to the cognizor, or perhaps to a ſtranger, ſome other eſtate in the premiſes. But, in general, the firſt ſpecies of fine, "ſur cognizance de droit come ceo, &c," is the moſt uſed, as it conveys a clean and abſolute freehold, and gives the cognizee a ſeiſin in law, without any actual livery; and is therefore called a fine executed, whereas the others are but executory.

3. We are next to conſider the force and effect of a fine. Theſe principally depend, at this day, on the common law, and the two ſtatutes, 4 Hen. VII. c. 24. and 32 Hen. VIII. c. 36. The

  1. Moor. 629.
  2. Weſt. Symb. p. 2. §. 95.
  3. Weſt. p. 2. §. 66.
  4. Salk. 340.
Vol. II.
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