BARGAIN AND SALE. Tenant to the pracipe. Form of recovery. only that he the said (tenant to the præcipe) and his heirs may become and be a perfect tenant and perfect tenants of the freehold, of all and singular the same hereditaments and premises, in order that one or more good and perfect common recovery or common recoveries, with double voucher (1), may be had and suffered of the same lands and hereditaments (2). [AND for that purpose it is hereby agreed, declared and directed, by and between all the said parties to these presents, so far as they respectively are interested, that the said (tenant to the præcipe) (3) shall permit and suffer the said (demandant), or some other person or persons, at the costs and expense in all things of the said (tenant in tail), his heirs, executors or administrators, at any time or times hereafter, to sue forth and prosecute against him the said (tenant to the præcipe), out of his Double voucher. Conciseness. Lands in different counties, &c. ments and hereditaments as are hereinbefore mentioned to be situ- (1) A recovery for the purpose of barring an estate tail will be good, although it be with single voucher only; see Fearne's P. Wks. 335. But as such a recovery will bar only an estate tail in possession, and this possession may have been divested, or the entail may be in remainder, or so otherwise circumstanced, as to render a single voucher insufficient, recoveries are seldom suffered with less than double voucher; vide 2 Blac. Com. 359. (2) If great conciseness be required, the parts in the text from this bracket to that p. 39 may be omitted, and the following form introduced in its stead. 66 Against the said (tenant to the præcipe) by the said (demandant), as plaintiff upon a writ of entry sur disseisin en le post, in his Majesty's Court of Common Pleas at Westminster, wherein the said (tenant to the præcipe) shall vouch to warranty the said (tenant in tail), who shall vouch over the common vouchee of the said after the manner of common recoveries with double voucher in such cases used. And it is hereby granted, declared, &c. [declaring the uses as post p 39, see marg.].* (3) If the lands lie in different counties or jurisdictions, and there be two tenants to the præcipe, say, "Each of them the said (tenants to the præcipe)", throughout the precedent. Majesty's High Court of Chancery, one or more writ or writs of entry sur disseisin en le post (1), returnable before his Majesty's Jus BARGAIN AND Tenant to the præcipe. (1) If the lands be situated in different counties, say, "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 (first tenant to the præcipe) the messuages, lands, tenements and hereditaments, situated in the said county of ; and by the other of the said writs demand of the said (second tenant to the præcipe) the messuages, lands, tenements and hereditaments, situated in the said county of with their and " their respective rights, members and appurtenances, by such good, sufficient and proper names," &c. as above. every of Lands in differ ent counties. Ancient de *If the lands are of ancient demesne tenure, say, "Sue forth and bring out of his Majesty's High Court of Chan- mesne. cery, and prosecute in his Majesty's manor of county of , in the according to the custom thereof, against the said (tenant to the præcipe) one or more writ or writs of right, close in the nature of a writ or writs of entry sur disseisin en le post, to be directed to the bailiffs of the manor aforesaid." If the lands be in a Welch county, say, "One or more writ or writs of quod ei deforceat, in the nature of a writ or writs of entry sur disseisin en le post, returnable before his Majesty's justice or justices of Great Sessions for the said county of and to make protestation to pursue the said writ or writs, as and in the nature of a writ or writs sur disseisin en le post, according to the statute provided in that behalf, thereby demanding," &c. as above. If in a county palatine, say, "Out of his Majesty's Chancery for the county palatine of one or more writ or writs, in the nature of a writ or writs of entry sur disseisin en le post, returnable before the Justices of Assize for the same county, thereby demanding," &c. as above. Lands in Wales. Lands in a county palatine, If the lands lie in the City of London, or other city having jurisdic- City of London. tion to suffer recoveries, say, "One or more writ or writs of droit patent, directed to the mayor and sheriffs of the City of in the Court of Hustings, or other court holden concerning pleas of land in the Guildhall of the said city, according to the custom of the said city, and the course of BARGAIN AND Tenant to the præcipe. tices of the Court of Common Pleas at Westminster, thereby de- Copyholds. Wales. Copyholds. Treble voucher. common recoveries there, thereby demanding according to the custom of the said city," &c. as above If the lands be copyhold, say, "One or more writ or writs of droit close, directed to the steward of the said manor, duly returnable, and to make protestation to prosecute the same writ in the nature of a writ or writs sur disseisin en le post, thereby demanding," &c. as above. (1) If the lands be in a Welch county, say, "The common vouchee for the time being of the said court of Great Session." If the lands be copyhold, say, "The common vouchee for the time being of the said court of the lord of the said manor of *(2) If the recovery be intended to be with treble voucher, say, "In which the said (tenant to the præcipe) shall vouch to warranty the said (tenant for life) [and wife] who shall thereupon appear, BARGAIN AND SALE. Tenant to the præcipe. uses. against the said common vouchee, as is usual or proper in such cases; and it is further agreed, declared, and directed, that upon all or every of such recovery and recoveries execution shall or may be sued out and prosecuted by, and seisin delivered unto the said (demandant), or other demandant or demandants aforesaid, accordingly; and that every other act and thing requisite, usual or proper to be done or executed for the purpose of suffering and perfecting a common recovery or common recoveries, with double or other voucher or vouchers, and barring the estate tail of the said (tenant in tail) of and in the said messuages, lands, tenements and hereditaments, and all reversions and remainders over and expectant upon the same estate tail, may be made, done, executed and perfected in all things (1).] AND it is hereby granted, declared Declaration of and agreed by and between the parties to these presents, as far as each of them respectively is interested or concerned; [tand they do hereby, for themselves severally and respectively, and for their several and respective heirs, executors and administrators, consent and agree, according to such their respective interests, that the recovery and recoveries hereby agreed to be suffered, shall be suffered and perfected with all possible and convenient dispatch; and that they the said parties respectively, and their respective heirs, shall and will, on their respective parts, use their utmost endeavours to give effect to the same recovery, and also to these presents, And also] that, immediately upon and after judgment shall have been obtained, and seisin had and taken upon such recovery or recoveries (2), the same recovery and recoveries, and also these presents, [and the assurance hereby made, and all and every other common recovery and common recoveries, fine and fines, and other &c. and vouch over the said (tenant in tail), who shall also appear, &c. and vouch over the common voucher of the said Court. *(1) If the lands are ancient demesne, it is usual to add, "According to the custom of the manor aforesaid, and the usual course of common recoveries for assurance of lands within the same manor in such cases time out of mind of man used and approved." Ancient de mesne. If conciseness be desired, the lines and words within brackets, here Conciseness. and in the subsequent parts of the precedent, may be omitted. (2) If the lands lie in different jurisdictions, say, "Upon each of the said recoveries, the same recoveries respect ively, and also these presents, &c." as above. Lands in different counties, &c. BARGAIN AND SALE. Tenant to the præcipe. assurances whatsoever, at any time or times heretofore, or to be at any time or times hereafter, had, made, done, levied, suffered and executed, of or concerning the messuages, lands, tenements and hereditaments hereby bargained and sold, or otherwise assured or intended so to be, or any part thereof, either alone or together with any other lands, tenements or hereditaments, by or between the parties to these presents, or any or either of them, 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 same parties respectively, [as far as they respectively can, and lawfully or rightfully ought to direct the uses of the same common recovery or common recoveries, fine or fines, and other assurances,] be and enure, and be adjudged, expounded, construed, 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 the said common recovery or common recoveries, fine or fines, and other assurances respectively, have or hath been, or shall or may be suffered, levied, made or executed, shall stand and be seised, as to and concerning all and singular the messuages, lands, tenements and hereditaments hereby bargained and sold, 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 appurtenants,] To and for the use (1) and behoof of the said (tenant in tail) (2), his heirs and assigns for ever, as or for an Use to tenant. Tenant for life. Remainder-man. (1) When a recovery is intended to enure to the use of the tenant in tail himself, it is not essential that it should be expressed, as the use will, according to the better opinion, if none be declared, result to him in fee, and see 2 Roll. Ab. 789. pl. 1. (2) If the tenant for life join, say, "To the use of the said (tenant for life) and his assigns, for and during the term of his natural life, by way of confirmation of the said estate and interest of him the said (tenant for life) in the said messuages, lands, tenements, and hereditaments, with the appurtenances thereunto belonging, and also of all powers, privileges, and incidents appendant or annexed to the same estate and interests, and subject thereto, TO THE USE of the said (tenant in tail), his heirs and assigns, for ever." If the recovery be suffered by a remainder-man expectant upon a failure of issue of tenant for life, add, "And (before the USE) to the further intent and purpose to cor |