One writ to be sued for and another hereafter, to sue forth and prosecute, against him the said A. B. out of his Majesty's high court of Chancery, two or more writs of entry sur disseisin en le post, returnable before his Majesty's justices of the court of Common Pleas at Westminster; and by one of the said writs, demand of the said A. the lands in B. the said messuages, and hereditaments, hereby the county of released or otherwise assured or intended so to be, Warwick, with the rights, members and appurtenances, which are situate in the said county of Warwick, by the names and descriptions of two messuages, two gardens, 40 acres of land, 40 acres of meadow, and 40 acres of pasture, with the appurtenances in T; and by the other of the said writs, demand of the said A. B. the said messuages, and hereditaments, hereby released, or otherwise assured or intended so to be, which are situate in the said county of Worcester, with their rights, members,. and appurtenances, 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 deemed necessary, proper, sufficient, and requisite to comprise the same. And that the said A. B. shall in his own the recoveries person, or by his attorney or attornies lawfully prescribed, authorised in that behalf, appear to each of the writ for the lands in the county of Worcester, Mode of prosecuting same writs respectively, and vouch to warranty the said E. M. And that the said E. M. shall in her own person, or by her attorney or attornies lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of the said A. B; and, taking the same upon herself, vouch over to warranty the common vouchee of the court of Common Pleas, for the time being; who shall appear gratis, and freely enter in to the warranty of the said E. M, and after imparlance make default. So that judgment may be given upon each of the said writs respectively, for the said C. D, or other demandant or demandants, to recover all and singular the said messuages, and hereditaments, hereby released, or otherwise assured, or intended so to be, and every part and parcel of the same, with their rights, members, and appurtenances, by such names, quantities, qualities, and other descriptions as aforesaid, against the said A. B.; and for the said A. B. to recover in value against the said E. M; and for the said E. M. to recover in value against the common vouchee, as is usual in such cases. And that upon all and every recovery and recoveries to be suffered as aforesaid, execution may be sued and prosecuted by, and seisin had, taken, and delivered unto the said C. D, or other demandant or demandants, accordingly. And that every other act or thing requisite or proper to be done or executed, for the purpose of suffering and perfecting a common recovery or recoveries, of the messuages, and hereditaments, hereby released or otherwise assured, or intended so to be, with double, treble,' or other voucher, to bar the estate or estates, interest or interests in tail, of the said E. M, of and to bar the estates-tail, in the same messuages, and hereditaments, and all &c reversions and remainders over and expectant upon the same estate or estates, interest or interests in tail, may be made, done, and executed. AND by way of direction, and declaration, and DIRECTION that recove ries shall be suffered; not of covenant, it is hereby granted, declared and agreed, by and between the parties to these presents, as far as they respectively are interested, and they hereby, for themselves, severally and respectively, and for their several and respective heirs, executors, and administrators, and according to their respective estates, rights, and interests, in the premises, consent and agree that the recoveries hereby agreed to be suffered shall be suf fered and perfected with all possible dispatch ; and that par- and that they respectively, and their respective ties will give effect to the heirs, on their respective parts, will use their utmost endeavours to give effect to the same recoveries, and also to these presents, and the grant, release, confirmation, or other assurance hereby DECLARATION made. same. the lease for a year, and the present deed, and all other fines, &c, AND IT IS HEREBY FURTHER DIRECTED, declared, and agreed by and between all the parties to these presents, as far as they respectively have any right, title, or interest in the premises, that immediately upon and after judgment obtained, and seisin had and taken, upon each such recovery as aforesaid, each recovery respectively so as aforesaid, or in any other manner, or at any other time or times, to be suffered; and also the bargain and sale for a year bearing date on the day next before the day of the date of these presents; and also these presents, and the assurances hereby made; and all and every other fine and fines, recovery and recoveries, and other assurances whatsoever, at any time or times heretofore, and to be at any time. and from time to time hereafter, had, made, done, levied, suffered, executed, and perfected, of, or concerning all or any part of the said messuages, and hereditaments hereby released, or otherwise assured, or intended so to be, either by themselves, solely and alone, or jointly and together with any other lands, tenements, or hereditaments, by or between all and every, or any or either of the persons, who are parties to these presents, or to which they, or any or either of them, is or are, or shall or may be parties or privies, or a party or privy, shall, as to all the said parties to these presents, respectively, as far as they respectively can lawfully or rightfully direct the uses of the same, fine or fines, common recovery or recoveries, and other assurances, be and enure, and be adjudged, ex-shall enure; pounded, deemed, and taken to be and enure; and that the same was and were meant, and intended, and is and are hereby directed and declared to be and enure; and that the person or persons to whom And that persuch fine or fines, common recovery or recoveries, stand seised; and other assurances respectively, have or hath been or shall or may be levied, suffered, made, and executed, shall stand and be seised; As to, As to parcels for, and concerning the said messuages and heredi- conveyed, taments hereby released, or otherwise assured or intended so to be, and every part and parcel of the same, with their rights, members, and appurte sons shall nances. To the use of the said E. M. her heirs To the use of and assigns for ever; and to no other use, nor for grantor in fee any other end, intent, or purpose whatsoever. In witness, &c. FORM II. PARTIES. RECITAL is either tenant for Form of a Conveyance to be made previous to suffering a Recovery, or executing a Recovery Deed, by a Person, when it is doubtful whether he is Tenant for Life, or in Tail; and when, if he be Tenant for Life, there is a contingent Remainder to one of his Sons. The Object being, to bar the Estate-tail, if any, and to protect the Estate for Life, if any, from the Consequences of Forfeiture, and in that case to preserve the contingent Remainders, if any, from Destruction (b). THIS INDENTURE, made the day 40 Geo. III. and in the year of our Lord 1801; BETWEEN T. B. B. of, &c. gent, of the one part; and A. B. of [some other person than the tenant] of the other part. WHEREAS the said T. B. B. is either tenant that grantor for life, or in tail, of all, or some of the messuages, farms, lands, tenements, and hereditaments, herelife or in tail. inafter released or otherwise assured or intended so to be, and as to such parts thereof, if any, of which he is tenant for life, doubts are entertained whethere there is a contingent remainder in favour of his eldest son for the time being, or some or one of his sons, under or by virtue of the will of Desire to bearing date on or about the and proved in the on or about the day of court of suffer a reco- WHEREAS the said T. B. B. is desirous, and hath very. b See the text, p. 112. |