has been noticed, the person who had the freehold, under a beneficial lease, was the person whose concurrence was necessary; and though the statute has, dispensed with the necessity of his concurrence, does it follow that his concurrence will not answer the purpose? Even when the reversion on leases for lives remained parcel of the manor, a common recovery could not have been suffered of the particular tenements vested in these lessees without their concurrence, although their reversion and services would have passed inclusively by a recovery suffered of the manor of which they were parcel. Before the conclusion can be drawn, that the concurrence of a tenant under a beneficial lease will not be sufficient, the statute of 14 Geo. II. must be construed to have made a material alteration in the law on this subject; and to have restricted the right of a tenant in tail, to avail himself of the concurrence of the person who, actually, and in point of law, is the freeholder. The act has no words of exclusion; it places the recovery under the remedial part of the act on the footing of a recovery duly suffered at the common law, thus allowing the inference, and even affording the illustration, that a recovery duly suffered, according to the rules of the comanon law, is to be supported.

The proviso is merely to controul the enacting part, and to shew, that tenant in tail, when he availed himself of the provisions of the act, was not to be competent to suffer a common recovery, unless he had the immediate estate-tail, or obtained the concurrence of the freeholder intitled to the receipt of the reserved rent.

In this place it may be observed that the necessity, at the common law, of the concurrence of the freeholder, though a mere beneficial lessee, or a usufructuary occupier in suffering recoveries, &c. in all probability, gave rise to leases for years, determinable on lives, so common in the western counties, as preferable to leases for life. Indeed another advantage resulting from this sort of lease is that renewals may be granted of additional interests, by way of interesse termini, so as not to affect the remedy for rent or benefit of the covenants under former leases, and a still further advantage is, that the renewal may be made without a surrender by mortgagees, trustees, &c. and the legal title under the subsisting term is left undisturbed.

And thirdly, recoveries will be good as between the parties themselves and their heirs, notwithstanding the freehold is not in the person named as the tenant to the writ of entry. Between these parties, and all who

claim under them, the recovery operates as a conveyance, and has the effect of an estop pel. On this point some further observations will be added, in considering recoveries, by estoppel.

Regulations by Statute, concerning the Evidence, in Relation to the Tenant to the Writ of Entry.

The statute of 14 Geo. II. c. 20, as has already been observed, has made recoveries. good, notwithstanding the fine or deed making the tenant to the writ of entry, shall be levied or executed after the time of the judgment given in such recovery, and the award of the writ of seisin, provided the same appear to be levied, or executed, before the end of the term, &c. in which such recovery was suffered, and the persons joining in such recovery had a sufficient estate and power to suffer the same.

By the same statute, for the purpose of protecting purchasers from neglect, ❝ in enter

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ing recoveries of record, purchasers bona

fide, and for a valuable consideration, "and all claiming under them, having been in possession of the purchased estate, or estates, from the time of such purchase, shall and

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may, after the end of 20 years from the "time of such purchase," (not the time of suffering the recovery,) "produce in evidence "the deed or deeds, making a tenant to the "writ or writs of entry, or other writs for suffering a common recovery, or common "recoveries, and declaring the uses of a re

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covery or recoveries, and the deed or deeds so produced (the execution thereof being

duly proved) shall in all courts of law and "equity, be deemed and taken as a good "and sufficient evidence, for such purchaser "and purchasers, and those claiming under "him, her, or them, that such recovery or "recoveries was or were duly suffered and

perfected, according to the purport of such "deed or deeds, in case no record can be "found of such recovery or recoveries, or "the same should appear not to be regularly "entered on record: provided always that "the person or persons making such deed or "deeds as aforesaid, and declaring the "uses of a common recovery or recoveries, "had a sufficient estate and power to make "a tenant to such writ or writs as aforesaid, "and to suffer such common recovery or "recoveries."

That this statute may apply, the deed must be sufficiently formal to shew, that the steps intended to be taken, for the purpose of suffering the recovery, were such as were proper for suffering an effectual recovery. The act, in effect, makes the deed evidence of the recovery, in those instances which are within the scope of the statute. of the statute. Hence the object and the use of the clause which shews the intent of the conveyance, for making a tenant to the writ of entry, and details the