to recover in value against the said and for the said to recover in value against otherwise assured or intended so to be, with dou- of and in the same and all reversions and remainders over recovery and expectant upon the same estate-tail (h) may be [ 485 ] made, done, and executed. And by way of di- Direction that rection and declaration, and not of covenant, it shall be sufis hereby granted, declared, and agreed, by and between the said 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, consent and agree according to their respective estates, rights, and interests in the premises, that the recovery (1) hereby agreed to be suffered shall be suffered and the said [first vouchee] to recover in value against the said [second vouchee]; and for the said [second vouchee] to recover in value against the common vouchee, &c. (h) When parties join to extinguish dower or convey.] his wife of and in, &c. DECLARATION that after judgment ob tained, a year, and that par- perfected with all possible dispatch; and that ties will give effect thereto. they respectively and their respective heirs on their respective parts will use their utmost endeavours to give effect to the same recovery (¿) and also to these presents, and the grant, release, confirmation or other assurance hereby made. 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 judment obtained, and seisin had and taken upon such recovery or the recovery, recoveries as aforesaid, the recovery or recoveries so as aforesaid, or in any other manner, or at any other the lease for 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 assurance hereby made; and all and every other fine and fines, reco[ 486 ]very 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 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 (k), 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, are, or shall, or may be the present deed, and all other fines, &c. (i) Or recoveries. (k) When an undivided share.] Or jointly and toge ther with any other part of the same. parties or privies, or a party or privy, shall, as to all the said parties to these presents rcspectively, so far as they respectively can lawfully, or rightfully direct the uses of the same fine and fines, common recovery and recoveries, and other assurances, be and enure, and be shall enure; adjudged, expounded, deemed, decreed, and taken recoverors, 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 also And that the that the person or persons to whom the said fine &c. shall or fines, common recovery or recoveries, and other stand seised. assurances respectively have or hath been, or shall or may be levied, suffered, made, and exe lands convey cuted, shall stand and be seised, (1) As to, for, and As to the concerning the said hereby released, ored, otherwise assured, or intended so to be, and every part and parcel of the same with the appurtenances, To the use, &c. (This clause of qualification should never be omitted. To uses, & XXIV. A more concise Form of a Declaration and Agreement to suffer a Common Recovery. TO THE INTENT that the said tenant of the freehold of the said may be hereby released or otherwise assured or intended so to be, with the appurtenances, to the end that one or more common recovery or recoveries with double voucher may forthwith, and at the costs and charges of the said be had and suffered of the same premises, by the names and descriptions of upon a writ or writs of entry sur dis seisin en le post, in which the said demandant against the said to warranty the said shall be who shall vouch who shall vouch the common vouchee, as is usual in such cases. So that judgment may be given for the said recover the said to to re hereby released, or otherwise assured, or intended so to be, against the said ; and for the said to recover in value against the said ; and for the said cover in value against the common vouchee. And so that execution may be awarded, and seisin taken, upon the recovery or recoveries to be suf fered as aforesaid, according to the usual form of common recoveries used in like cases. FORM XXV. Short Declaration of Uses. AND it is hereby directed, declared, and agreed, by and between the parties to these presents, as far as they respectively are interested, that after the recovery or recoveries hereby agreed to be suffered, shall be suffered, as aforesaid, or in any other manner, the same recovery or recoveries, and all fines levied and to be levied, and recoveries suffered, and to be suffered, of the said hereinbefore mentioned and intended to be hereby released, or any of them, either alone or jointly with any other lands and hereditaments, shall, as to, and concerning the hereinbefore released with the appurtenances, operate, and enure, To the her heirs and assigns for ever. use of the said |