FORM XVI.

Uses of a Recovery, suffered by a Person having the Freehold and a remote Estate Tail; confirming prior Estates, and after giving the former Tenant in Tail a Power of appointment, again limiting the Lands to him in tail, and restoring the subsequent Estates.

and intent to

of Lord C.

TO THE USE, intent, and purpose, to restore and TO THE USE give effect to the said estate for the life of the restore the said R. Lord C, and all powers and privileges estate for life annexed to that estate, and To the use, intent, and and all powers annexed purpose, to confirm and establish all the other thereto: uses and estates, which were limited by the said and all other hereinbefore in part recited indentures of lease and to the estatesrelease, prior to the estate-tail thereby limited to tail;

the use of the said R. Lord C, or to the use of

estates prior

the heirs of his body lawfully to be begotten; and and all powers, also to restore and confirm all powers and autho-&c. rities which, under and by virtue of the same indentures, are annexed to such prior uses, or exercisable in respect thereof, or during the continuance of the same uses and estates, so being prior to the said estate-tail of the said R, Lord C. And And subject` from and after the determination of the several thereto, uses and estates, hereinbefore limited and declared, restored or confirmed, and in the mean timesubject thereto, and to such powers and privileges as aforesaid, To the use of, &c. [giving a general To such uses power of appointment.] And in default of such as Lord C.

shall appoint.

Lord C. in

tail.

To the former

uses, limited

to the estate

tail.

In default of direction, limitation, and appointment; and in appointment. the mean time, and until such direction, limitation, and appointment shall be made and take effect; and from time to time subject to such estates and interests as shall have been directed, limited, or appointed by the said R, Lord C, under, or by virtue of, and pursuant to his power To the use of hereinbefore contained; then To the use of the said R, Lord C. and the heirs of his body lawfully issuing. And from and after the determination of that estate, and in the mean time subject thereRemainder, to; To such uses, upon such trusts, and for such intents and purposes, and under and subject to subsequently such powers, provisoes, limitations, declarations, and agreements, as by the said hereinbefore in part recited indentures were limited, expressed, and declared, of, and concerning the said manors, lordships, rectories, advowsons, messuages, lands, tenements, tithes, parts, shares, and hereditaments by way of remainder after, and expectant on, the estate-tail thereby limited to the use of the said R. Lord C, or as annexed or collateral thereto, or to such and so many of the same uses, trusts, intents, and purposes, powers, provisoes, limitations, declarations, and agreements, as are now subsisting, and capable of taking effect; or as near thereto as the deaths of parties, the change of interests, or other intervening circumstances will admit. And to no other use, and upon no other trust, nor for any other end, intent, or r pose, whatsoever.

FORM XVII.

Deed on substituting another Person as Demandant in the

Place of the intended Demandant who died before the Recovery was suffered. (a)

THIS INDENTURE, &c. BETWEEN, &c. [the surviving parties to the deed making tenant to the præcipe, and the new demandant. Recite that deed shortly; and the death of the intended demandant.] AND WHEREAS no recovery hath been yet suffered of the manors, &c. and on that account it is become necessary that in the recovery to be suffered of those manors, &c. some person should be named as a demandant in the place or stead of the said [intended demandant,] and it is intended to name the said as such demandant. Now THIS INDENTURE WITNESSETH, and it hereby granted, declared, and agreed, by and between all the parties to these presents, that all and every recovery and recoveries, suffered, or to be suffered, either under or by virtue, or means, or in consequence of the said hereinbefore mentioned indenture of bargain and sale, and in which the said is or shall be named a

(a) See the Text, p. 29.

demandant instead of the said shall have the same or the like force, effect, and operation in law to all intents and purposes, and shall enure to the same or the like uses, intents and purposes, in all respects, as if the name of the said had been inserted in the said indenture of bargain and sale, in the place or stead of the name of the said as far as the said is or shall be named a demandant, in the place or stead of the said in any recovery or recoveries suffered, or to be suffered, as aforesaid, any thing in the same indenture contained to the contrary thereof in any wise notwithstanding. In witness, &c.

468

FORM XVIII.

Demise to protect against Forfeiture, on suffering a Common
Recovery.

suffer a reco

THIS INDENTURE of four parts, made, &c. 1800: BETWEEN T. H. of, &c. and J. H. of, &c. PARTIES. of the first part; D. L. of, &c. and A. his wife, of the second part; L. R. of, &c. and M. his wife of the third part; and A. B. of, &c. of the fourth part. WHEREAS the said D. L. and A. his wife, Recital of and L. R. and M. his wife, have agreed to suffer agreement to a common recovery of the messuages, farms, lands, very. tenements, and hereditaments hereinafter described, and also bargained and sold, or otherwise assured, or intended so to be: and the uses of the Reference to same recovery are to be declared by an indenture the deed declaring the of seven parts, already prepared, and dated or to uses of the inbe dated on the now in-very. stant, and made or intended to be made between the said T. H. and J. H. of the first part; the said D. L. and A. his wife of the second part; the said L. R. and M. his wife of the third part; the Rev. J. J. of, &c. clerk, of the fourth part: T. J. of, &c. gent. and the Rev. H. R. of, &c. clerk, of the fifth part; E. B of, &c. gent. of, the sixth

day of

tended reco