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

 Ch. 21. cognocit, the rignt to be in the plaintiff, or cognizee, as that which he hath de on done, of the proper gift of himelf, the cognizor. 2. A fine "ur cognizance de droit tantum," or, upon acknowlegement of the right merely; not with the circumtance of a preceding gift from the cognizor. This is commonly ued to pas a reverionary interet, which is in the cognizor. For of uch reverions there can be no feoffment, or donation with livery, uppoed; as the poeion during the particular etate belongs to a third peron. It is worded in this manner; "that the cognizor acknowleges the right to be in the cognizee; and grants for himelf and his heirs, that the reverion, after the particular etate determines, hall go to the cognizee ." 3. A fine "ur conceit" is where the cognizor, in order to make an end of diputes, though he acknowleges no precedent right, yet grants to the cognizee an etate de novo, uually for life or years, by way of uppoed compoition. And this may be done reerving a rent, or the like: for it operates as a new grant. 4. A fine "ur done, grant, et render," is a double fine, comprehending the fine ur cognizance de droit come ceo, &c, and the fine ur conceit; and may be ued to create particular limitations of etate: whereas the fine ur cognizance de droit come ceo, &c, conveys nothing but an abolute etate, either of inheritance or at leat of freehold. In this lat pecies 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 tranger, ome other etate in the premies. But, in general, the firt pecies of fine, "ur cognizance de droit come ceo, &c," is the mot ued, as it conveys a clean and abolute freehold, and gives the cognizee a eiin in law, without any actual livery; and is therefore called a fine executed, whereas the others are but executory.

3. are next to conider the force and effect of a fine. Thee principally depend, at this day, on the common law, and the two tatutes, 4 Hen. VII. c. 24. and 32 Hen. VIII. c. 36. The Rh