Star.
London, England, 1829-06-24 00:00:00

tprbed times, considered by the Caws as a serious era.
En the long interval of nearly 200 years between the
Rauh* of the Statute DI Dents and the applicoi in cf
ibenveries to the evading of that statute, there was no
contrivance, except that of warranty in a few case, by
shichlands entailed Could be unkftered. During that
interval many attempts were made in Parliament to
procure the repeal of that statute, but without. success,
on account ofthe uniform opposition of the great landed
Pop ietors.. Awkward as was the contrivance of a re-
covery fdr onfettering lands entailed,, yet it was cons,
detect a great boon to the public,
.because it removed
Om mischiefs which arose from the tendency of the Sta.
tato De Dads to establish perpetuities.
The principal use of a recovery is to enable a tenant
ip tail to bar ant only his estate tail, but also all re•
mainders, resersions, conditions, collateral limitations.
and charges, not prior to the estate tail. and to acquire
Or pass a fee simple or. an estate commensurate with
the estate of (be settler ; but a reversion vested in the
Clown cianot.as it is generally 'understood, be batted
by a recovery..
A:recovery will produce .o.her effects, viz, it ivill
Operate by estoppel, what suffered with Out. a proper
tenant to the praape. or by persons having, contingent
tet expectant or other rights* or Interests,. or by meek
taut heirs, and .in some other cases, so as to conclude
pirtiei suffeyiac it and all persons • claiming
tiader them, except usue in tail; it will operate as a
Itorifirmaticin of all•prior estates or charges teadeby the
gallant ha tail who suffers it ; it will release or estingeisit
rights, interests, and powers; It-will destroy or eztin.
rash contingent remainders and executory interests.; it
will work a discontinuance to the issue its tail, if not
daily suffered by tenant in tail ; it will revoke devises;
k will a forfeiture in many cases, when suffered
by a tenant for life..or by persons not having the free.
bald.
Although it is' sot seam to suffer a recovery, except
when it is accessary toter entails and remainders over,
re% when resorted to far those purposes, it is ant ea-
frequently made use of at the same time to convey, 'w-
hy's...bar or extinguish the estates, rights,powers,aad
interests 'of married women and others.

Ii order to operate as a bar to ess estate, tail, and the
remainders and reversion, ii is necessary that a proper
writ be brought, and that there be a demandant, tenant
and vouches. The writ must be brought by the de.
asandaat against the person who has the immediate
freehold,' who is technically called the tenant to the
trawl?'; far all actions to recover the seirin of lands,
to be effectual, mud be brought against the weal te.
lent of the freehold. Hence a tenant iniail, who has
trot himself the immediate freehold, must, in order to
bit by e recoiery the entail and the remainders and rest
fireesiob; procure the concurrence of the person who has
the immediate estate of freehold. Its consequence of
the diffitulties which frequently occurred in procuring
a conveyance from lessees for lives to make a tenant to
the premier, their concurrence was dispensed with by
the statute •141Ge0.11. c. 20; and by the same statute
the person entitled to the first estate for Tile or othet
greater estate in reversion **peewit on the leases. was
made competent to make the tenant to the prarcipe. and
was for that purpose a•asidered as having tne smote.
diate estate of freehold. The common law requited
that a tenant to the pradpe •in a recovery should have
the freehold before and at the time of jodgment given.
Oat the abovementioDed statute, 14 Geo. 11. c. 20. has
made a recovery valid, if the freehold is vested in the
tenant to the p stip before the end of the term, great
session, session or assizes In which it is suffered, not-
irithstanding the fine or deed for making the tenant to
the recipe should be levied or "executed after the judg-
inent his been given in 'rich recovery, and the writ of
eiitin has been awarded. Thus it appears that the Legislav
tare has relieved common reco eerie sfrons one of the rood*

sites in real adverse snots. and in doing so has incumbered
than with a legal SC tidoin a recovery
.by a t ens's% in 'MIA
is necesser y that be should vouch some personto warranty,
If the wriristrought by the demandant against the tenant
in tail, and he vouches over another person, the recovery
only bars the estate tail. of which the tenant in tail is then
seised, and the remainder. and reversinn.This recovery it
called a Recovery .witb single Voucher. It the writ it
brought by the demandant against another person who
has the immediate estate of freehold, and that person.
vouches the tenant in tail, and he vouches over another
person, the recovery bars all estates tail of .or to which
the tenant in tail is, or ever was stip d or entitled, and
the remainders and reversion. Tnis recovery ii called
a Recovery with double V. ocher. If there are two
estates tail esistine et one rinse in distinct persons, the
one being derived out of the ether, a recovery with.
treble voucher is sometimes suffered, although the ne-
cessity of such a recovery is (moldered doubtfuL Ia
this case the writ is brought by the demandant against
some person who has the immediate estate of freehold,
sot being either of the tenants in tail, and that person
'vouches the tenant of the derivative estate tail, who.
vouches over the tenant of the original estate tail, and
be vouches over another person. The person solely
vouched, or last vouched, is always some offiCer of the
Court where the recovery is . suffered, and he ii called
the Common Voucbee. If is not usual to suffer a rem.
very with single voucher. lithe case of a recovery
with double or treble voucher, the person having the
first estate of freehold conveys it to a stranger to make
him tenant to the prsacipes the tenant must appear in
Court either persooally 4.r by attorney and therein,
some person in the habit of attending the Court Where
the recovery is suffered is usually made .the tenant, in
order to save the espouse and delay t f a commission of
dedimus porestatem, which must be interred if the
tenant appeared by attorney. It is not necessary that.
the demandant should appear in Court, but every.
vouch,* must appear in Court, either in person of by
attorney. The demandant has judgment to recover the
lead against the tenant, and the tenant has judgment to
recover or his vouch., land of equal vale. In recompense
for the land lost by his default ; end if there are several
successive vouchees, each person vouching has judgment
to recover of his touchy, in like manner. 111.4 supposed
recompense in value to the tenant and vourhee, or each
successive vouches: eseept the lest, is usptlly assigned
as the reason why. the issue in tail and. the remainders
and reversion are barred by a recovery:
In consequence of its being required that the tenant
to the placipe should have the heebold, great diflicul•
ties are frequently thrown in the' way of barring entails,
and occasionally serious mischiefs arise. So long as
the freehold remains in. the tenant far life, or it there
should be no tenant for life. in the tenant in tail, who
:5 to suffer the 'navvy, there is no diffiteky. Bat it