[175] named the tenant. By this arrangement, the expence of a dedimus to take his warrant of attorney, or a journey to the court, will be avoided. In general it is preferable to name one person, rather than two persons. When two persons are named, the writ of entry must be brought against both these persons, and they must both appear and vouch over. The want of appearance, or voucher, by one, would vitiate the recovery to the extent of his share. The recommendation of naming one person instead of several persons to be the tenant, must be understood with the qualification, that only one recovery, or several recoveries in one court, is or are to be suffered. As often as there are to be several recoveries, in distinct courts, there will be a great convenience and propriety, in naming a tenant for the lands in each distinct jurisdiction. In this instance, the lands in each particular jurisdiction should be conveyed to, or at least, to the use of, the person who is to be the tenant in the recovery to be suffered in that jurisdiction. On this point, the appropriate observations will be found in a former part of this chapter (c). It is usual for the tenant to execute the recovery deed. This is proper. The want, however, of his execution will not be a de(c) Supra, 32. fect in the title. It is rather on account of the declaration of uses, than the validity of the recovery, that the deed is usually executed by the tenant. As the uses are to arise from a conveyance made to the tenant, these uses arise on the recovery without any other assistance from him, than his acting as the tenant. By appearing to the writ of entry he precludes himself and all other persons from asserting that he disagreed to the conveyance, and that nothing passed to him. And the judgment against him draws out of him the estate vested in him as tenant. Fourthly. Of the Demandant.-Sometimes a purchaser, sometimes a friend, and sometimes a stranger, is named the demandant and in some instances two persons are named. In general no more than one person is named. It has happened that one person has been named in the recovery deed, and another in the recovery; and sometimes the demandant has been required to execute, and at other times his execution has been disregarded. Neither of these particulars will affect the title. So as a demandant or demandants is or are named, in the proceedings, towards the recovery, and the person[ 176] or persons so named shall live till judgment given, the recovery will be good. His death before judgment would put an end to [177] the proceedings. When he lives till the proceedings are complete, the uses will arise, without any concurrence by him in the recovery deed. The uses arise from the seisin which passes to him. He takes in modum donantis, and is bound by the declaration of uses in the recovery deed, so as this declaration is in the common form. That the uses may arise, seisin must be delivered. Should the demandant die before seisin is delivered, -a writ of seisin must be awarded, and seisin delivered to his heirs, and the writ of seisin returned (d), as a means of the execution of the uses, under the statute for transferring uses into possession. 3. Of the Recitals. The deed or will by which the intail is created, ought, in most cases, to be recited, or at least there should be a reference to the same, and all such facts should be disclosed, as show the right to suffer the recovery with effect. This will greatly aid the title at some future period. It will lead to a discovery of the documents on which the title is grounded; or, should they be lost, or destroyed by fire, the recital will tend to satisfy future purchasers, that the title is correctly deduced. (d) Witham v. Lewis, 1 504. And supra, 149. Wils. Rep. 48. 4 Bro. P. C. The object should be to show, first, that the freehold is in the person by whom the freehold is to be conveyed. For that pose the determination of all This, it must be remembered, can be done with prudence, in those instances only in which the title rests on clear grounds, and is not involved in difficulty. On the one hand, no conveyancer of integrity will state, as a fact, that which does not exist ; [ 178] on the other hand, it is his duty to keep his client's title free from a disclosure, which, at a future period, might involve that title in increased difficulty, or raise a suspicion of its validity. In general, other recitals are to be introduced for the purpose of showing the agreement to suffer the recovery. Such recitals as are in general use will be found in the forms of recovery deeds, contained in the Appendix. Other varieties of these recitals, adapted to particular cases, are also added in the Appendix. [179] 4. Of the Testatum Clause. This clause generally shows the object of the deed. For the most part that object is expressed in these, or the like terms. " And for docking, barring, and destroying all estatestail, of and in the lands and hereditaments hereinafter described, and also released, or otherwise assured, or intended so to be, and all reversions and remainders expectant or depending on the same estates-tail, and all conditions and collateral limitations annexed thereto, or affecting the same, and for settling and assuring," &c. And when different objects are within the scope of the deed, these objects also, are for the most part added. This is form, and not substance; and the omission is immaterial. Nor is any consideration necessary to the validity of a recovery deed, as such, with the exception that a bargain and sale cannot raise any use, and, it follows, cannot pass any estate to the intended tenant, unless it be founded on a consideration of money or money's worth. Therefore, that a recovery deed, grounded on a bargain and sale, which must operate as such, or be ineffectual, may be good; there must be a consideration of money, or money's worth. An instrument, in the form of a bargain and |