request. moiety of and in the same messuage, lands, and hereditaments, for a term of 1000 years, to commence and be computed from the day next before the day of the date of these presents, To the intent that the same fine may be a confirmation of these presents, and of the term hereby granted, And to suffer or intended so to be. And also that they, the a recovery on said W. B, R. B, H. B, and M. B, party hereto, or their heirs, when thereunto requested by the said J. C, his heirs, appointees, or assigns, and with his or their concurrence, as far as such concurrence shall be necessary, shall or will suffer, or cause to be suffered, a common recovery, or common recoveries, of the hereby, or hereby intended to be, demised moiety, of and in the messuage, lands, and hereditaments, hereinbefore described; and by the same common recovery or common recoveries, and by a deed declaring the uses thereof, shall and will convey, settle, and assure, the same moiety of and in the same messuage, lands, and hereditaments, to the use of the said J. C, his heirs, appointees or assigns, or to such uses, upon such trusts, and for such ends, intents, and purposes, as he or they shall direct or appoint, free and clear from all charges and incunbrances, to be in the mean time committed or suffered by the said W. B, R. B, H. B, and M. B. party hereto, or any or either of them, or their, or any or either of their, heirs, or by any person or persons whomsoever, claiming or to claim by, through, from, under, or in trust for them, or any or either of them, other than and ex cept the said term of 1000 years, and the fine to be levied in confirmation thereof. In witness, &c. FORM XXII. The £100,000 Clause; being a Clause in a Recovery Deed to cease the Estate limited by a Tenant for Life, for the Purpose of assisting a Tenant in Tail in suffering a Recovery. The Object of this Clause is in most cases to prevent a Merger of the Estate for Life in the Ownership under the Estate Tail: and to revive the Estate for Life, and all Powers annexed thereto (a). This object is in most cases better attained by the Limitation of an Estate for the joint Lives. the the full sum PROVIDED ALWAYS, and these presents are upon this express condition, that if the said his executors, or administrators, shall not, on day of well and truly pay, or cause to be paid, to the said or her assigns, of £100,000 of lawful money of the united kingdom of Great Britain and Ireland, current in Great Britain; then the grant, bargain, and sale, or other assurance, hereby made to the said and his heirs, during the life of the said [or "during the joint lives of the said shall cease and be void to all intents and purposes, so that the estate of the said may be discharged of and from the limitation hereby made for the life [or "joint lives"] of the said (a) See the Text. p. 109. and ניי FORM XXIII. To the intent that the grantee may be tenant to the suffering a common recovery. GENERAL FORM OF CLAUSE. Declaratory of the Intention and Agreement to suffer a common Recovery, and declare the Uses thereof with some of the more ordinary Variations. For other variations, see the appropriate Forms. TO THE INTENT that the said may be tenant of the freehold of the said præcipe for hereby released or otherwise assured, or intended so to be, and every part and parcel of the same, with their rights, members, and appurtenances, to the end, that one or more good and perfect common recovery or recoveries, with with double voucher, may be had and suffered of the same Mode of suf- hereditaments. And for that purpose, it is fering the recovery pre- hereby directed, declared, and agreed, by and between all the said parties to these presents, as far as they respectively are interested, that the said scribed. shall permit and suffer the said or some other person or persons, at the costs and charge in all things of the said his heirs, executors, or administra tors, at any time or times hereafter to sue forth and prosecute against him, the said (a) out of his majesty's high court of Chancery (b) one or more writ or writs of entry sur disseisin en le post, returnable before his majesty's justices of the court of Common Pleas, at Westminster; and thereby demand of the said the and premises hereby released, or otherwise assured, or intended so to be, with their, and every of their rights, members, and appurtenances (c), by the names and descriptions of or by such other apt, good, sufficient, and proper names, number of messuages, and acres, quantities, qualities, and other descriptions, as shall be[ 483 ] deemed necessary, proper, to comprise the same (d). (a) When the lands are in any of the Welsh counties.] One or more writ or writs of quod ci deforceat, in the nature of a writ or writ of entry sur disseisin en le post, and to be returnable before his majesty's justice or justices for the said county of When the lands are in the county palatine of Chester.] Out of his majesty's court of Exchequer at Chester, one or more writ or writs of entry, sur disseisin en le post, returnable before his majesty's justice or justices of Chester. When the lands are in the county palatine of Durham.] Out of the court of chancery at Durham, one or more writ or writs of entry, sur disseisin en le post, returnable before the justices of the court of Pleas, at Durham. When the lands are in the county palutine of Lancaster.] Out of his majesty's court of Chancery for the county palatine of Lancaster, one or more sufficient, and requisite And that the said writ or writs of entry, sur disseisin en le post, returnable before his majesty's justices of Assize for the same county palatine. (b) When the lands lie in two or more counties.] Two or more writs, &c.; and by one of the said writs demand of the said the said situate in the said county of by the names and descriptions of and by the other of the said writs demand of the said , the said situate in the said county of by the names and descriptions of (c) Sometimes the description is omitted. (d) As to lands in Wales.] And shall make protestation to pursue the said writ or writs in the nature of a writ or writs of entry, sur desseisın en le post at the common law, according to the statute in that behalf. shall in his own person, or by his attorney or at- lance make default. So that judgment may be [ 484 ]given upon the said writ or writs, and every of them, or the said or other demandant or demandants, to recover all and singular the said hereby released, or otherwise assured, or intended so to be, and every part and parcel of the same, with their and every of their rights, members, and appurtenances, by such names, quantities, qualities, and other descriptions as aforesaid,(g) against the said (e) When the Recovery is to be with treble voucher, the form may be to this effect.] Vouch to warranty the said [first vouchee.] And he shall, in his own person, or by his attorney or attornies lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of the said [tenant]; and taking the same on himself, vouch to warranty the said [second vouchee]. And the said [second vouchee] shall, in his own person, or by his at ; and for the said torney or attornies lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of the said [first vouchee]; and taking the same on himself vouch over to warranty the common vouchee, &c. (f) Great session, or Pleas, or of the said county palatine. (g) When with treble voucher.] Against the said [tenant]; and for the said [tenant] to recover in value against the said [first vouchee]; and for |