Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/358

 342 and binding the lands of the cognizor, from the time of enrollment on record. There are alo other recognizances, of a private kind, in nature of a tatute taple, by virtue of the tatute 23 Hen. VIII. c. 6. which have been already explained, and hewn to be a charge upon real property.

3., on a bond, or recognizance, or judgment recovered, is a condition which, when performed, defeats or undoes it, in the ame manner as a defeazance of an etate before-mentioned. It differs only from the common condition of a bond, in that the one is always inerted in the deed or bond itelf, the other is made between the ame parties by a eparate and frequently a ubequent deed. This, like the condition of a bond, when performed, dicharges and diincumbers the etate of the obligor.

are the principal pecies of deeds or matter in pais, by which etates may be either conveyed, or at lead affected. Among which the conveyances to ues are by much the mot frequent of any; though in thee there is certainly one palpable defect, the want of ufficient notoriety: o that purchaors or creditors cannot know with any abolute certainty, what the etate, 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 eiin of the lands) this notoriety was in ome meaure anwered; but all the advantages reulting from thence are now totally defeated by the introduction of death-bed devies and ecret conveyances: and there has never been yet any ufficient guard provided againt fraudulent charges and incumbrances; ince the diue of the old Saxon cutom of tranacting all conveyances at the county court, and entering a memorial of them in the chartulary or leger-book of ome adjacent monatery ; and the failure of the general regiter etablihed by king Richard the firt, for mortgages made to Jews, in the capitula de Judaeis, Rh