Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/379

 Ch. 21. twenty years be ufficient evidence, on behalf of a purchaor for valuable conideration, that uch recovery was duly uffered. And this may uffice to give the tudent a general idea of common recoveries, the lat pecies of aurances by matter of record.

I conclude this head, I mut add a word concerning deeds to lead, or to declare, the ues of fines, and of recoveries. For if they be levied or uffered without any good conideration, and without any ues declared, they, like other conveyances, enure only to the ue of him who levies or uffers them. And if a conideration appears, yet as the mot uual fine, "ur cognizance de droit come ceo, &c," conveys an abolute etate, without any limitations, to the cognizee; and as common recoveries do the ame to the recoveror; thee aurances could not be made to anwer the purpoe of family ettlements, (wherein a variety of ues and deignations is very often expedient) unles their force and effect were ubjected to the direction of other more complicated deeds, wherein particular ues can be more particularly expreed. The fine or recovery itelf, like a power once gained in mechanics, may be applied and directed to give efficacy to an infinite variety of movements, in the vat and intricate machine of a voluminous family ettlement. And, if thee deeds are made previous to the fine or recovery, they are called deeds to lead the ues; if ubequent, deeds to declare them. As, if A tenant in tail, with remainder to himelf in fee, would ettle his etate on B for life, remainder to C in tail, remainder to D in fee; this is what by law he has no power of doing effectually, while his own etate-tail is in being. He therefore uually covenants to levy a fine (or, if there be any remainders over, to uffer a recovery) to E, and that the ame hall enure to the ues in uch ettlement mentioned. This is now a deed to lead the ues of the fine or recovery; and the fine when levied, or recovery when uffered, hall enure to the ues o pecified and no other. For though E, the conuee or recoveree, hath a fee-imple veted in himelf by the fine or recovery; yet, by the operation of this deed, he be- Rh