the said J. hath of the gift of the aforesaid M. And those he hath remised and quitclaimed, from himself, the said M, and his heirs, to the aforesaid J. and his heirs, for ever. And moreover the said M. hath granted for himself and his heirs, that he will warrant the aforesaid tenements, with the appurtenances to the said J. and his heirs, against himself the said M. and his heirs, for ever. And for this acknowledgment, [ 283] remise, quit-claim, and warranty, fine and agreement the said J. hath granted and rendered (q) to the said M. the aforesaid tenements, with the appurtenances, in the same court, To have and to hold the said tenements, with the appurtenances, to the said M. and the heirs which the said M. shall beget on the body of L., his now wife. And if it shall happen that the said M. shall die without heirs begotten by him on the body of the said L., then the aforesaid tenements, with the appurtenanccs, entirely to remain to the said L, during her life, and after the decease of the said L, the aforesaid tenements, with the appurtenances, entirely to remain to the said J. and his heirs, for ever.

The parties to every concord are 1st. The conusor, and

2d. The conusee.

(q) This form differs from the precedents.

The concord must name or refer to the parties and the parcels, and contain words of grant, limitation, &c. and the warranty to be entered into between the parties.

Of the Parties.

[284] The fine must be between the same persons as are named parties in the original writ (r). A stranger to the writ cannot be the grantee of an immediate estate (s). To this general rule there are these exceptions,

Viz. a reversioner received on default (t) by a tenant for life, or a person who comes in as vouchee (u) in a real action, may be the conusor; for the reversioner or vouchee becomes party to the suit, and stands in the place of the person against whom the writ was sued. But a vouchee cannot, with effect, levy a fine to a stranger.

Such fines, however, are voidable only, and not void (v).

And in a fine sur grant et render, the render may be to a stranger, by way of remainder after a particular estate (w). The render, however, of the first or immediate estate must be to a person who is a party to the writ (x). If a render of the immediate es

(r) Co. Read. 6.
(s) 3 Co. 5.

(t) Co. Read. 11.
(u) 3 Co. 29, b.

(v) Litt. § 669. Co. Litt. 353.

(w) Co. Read. 6.
(x) 3 Co. 5.

tate be to a person not party to the fine, the fine is voidable only, not void (y). So if the render be to two, of whom only one is named in the writ, the fine is voidable, as to him, for error (z).

Of the Parcels.

No parcels besides those comprised in the writ, can be included with effect in the con-[285] cord of the fine. These alone are the lands of which the courts have jurisdiction by virtue of the writ. A fine levied of any other lands (a) is levied without a proper authority to warrant it, and to this extent, the fine will be erroneous. But in a fine sur grant of lands, there may be a render of rent issuing out of the same lands (b). For as a suit is depending of these lands; a rent issuing out of these lands, may be rendered by the conusee to the conusor of the lands.

So when the grant is of the intirety, the render may be of a third part; but if the grant is of a third part, the render cannot be of any larger or other share (c).

So in all fines the concord may distribute the parcels, by granting a divided part to

(y) Owen v. Morgan, 3 Co. 5.

(z) Owen

Co. 5.

v. Morgan, 3

(a) Co. Read. 11. 2 R. Abr. 14.

(b) Co. Read. 11. 2 R. Abr. 16. 2 Inst. 514.

(c) 2 R. Abr. 16, pl. 11. 1 Cruise 66, 67.

one and the residue to another; or an undivided share to one, and an undivided share to another.

So when the grant is in fee, the render may be for a particular estate. But the render cannot be in fee, when the grant is expressly, or by construction of law, for a particular estate.

Lord Coke (d) propounds the rule in these [286]terms; A. may grant and render to B. a rent of the same manor contained in the fine, but not out of any other land; neither can the grant and render be of any thing collateral to the land, &c. contained in the writ, or of another nature, and neither issuing out of, nor incident to the land, &c. contained in the original.

When the parcels lie in different counties, the practice used to be, to have several writs of covenant; one for the parcels in each county; and only one concord and one fine (e). The practice now, in pursuance of a regulation which has lately taken place, is to have a distinct concord and distinct fine for the lands in each county. In consequence of an order of Lord Chancellor Hatton (ƒ), several owners of distinct tenements will not be allowed to join in the same fine;

(d) 2 Inst. 514.

(e) 2 Inst. 512. Dyer, 227. 1 Cruise, 31.

(f) Wils. 47. 1 Cruise, 32.

unless the lands are under the value of 2007. and there is an affidavit to that effect.

This rule has an exception of coparceners, joint-tenants, and tenants in common; and the rule is merely for the regulation of the conduct of the officers, and if not enforced, the fine will be effectual.

Of Words of Limitation.

In a fine sur conuzance de droit come ceo, &c. the fee will pass without any words of inheritance (g). Words of limitation, however, if added, will confine the effect of the fine, to the particular estate which is expressed, as for life, in tail, &c. (h).

So no words of limitation are necessary in a fine sur conuzance de droit tantum (i) ; but being added, they will have the effect of the intention they express.

In fines sur grant et render and fines sur concesserunt, words of limitation are generally added and they are necessary, when more than an estate for life is to pass for a grant, by fine, of the tenements, will not, without express words, pass more than an estate for life.

Except as to lands of the tenure of gavel

g) Co. Litt. 9, b.

340. Dyer, 69. Shep. Prac.

(h) Hunt v. Bourne, 1 Salk. Couns. 155. Co. Read. 2.

[287]

(i) Co. Read. 6.