The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.

OF RECOVERIES FOR Assurances, &c.

IN every recovery are to be regarded the de∣mandant, the Tenant of the Land, and the vouchee as the efficient causes thereof. The Land demanded, as the matter, which must as certainly be set down in Writs of entry, as in Writs of Covenant, whereupon Fines are levyed. The end and effect of such recoveries, is to dis∣continue, and destroy estates tailes, remainders, and reversions, and bar the former owners thereof.

The demandant, is he that bringeth the Writ of entry, and may be termed the recoverer.

The tenant is he against whom the Writ is brought, and may be termed the recoveree.

The vouchee is he whom the tenant vou∣cheth, or calleth to warranty for the Land in demand.

And such persons may be demandants, Te∣nants, and vouchees, in these recoveries, as may be cognizors, and cognizees, in Writs of Cove∣nant, and by such names, mutatis mutandis. Sa∣ving if that any recovery be had against tenant in

tail, the reversion, or remainder being in the Kings of England, their progenitors, and Suc∣cessors, such recovery will neither bar the issue in tail of his entry, nor discontinue his estate, nor pluck such reversion, or remainder out of them, 34 H. 8. ca. 20. Quaere tamen si tiel reco∣very bar issue in tail, during the continuance of the esiate tail. Dyer fo. 132. pl. 1.

Item, before such persons, by such means, and in such manner may warrants of Atturney be acknowledged and certified, as fines knowledg∣ed in the Country, saving that the recognizance of warrants of Atturney, may be taken by any Justice or Serjeant without a Writ of Dedimus potestatem. And fines must be paid upon Writs of Entry, as upon Writs of Covenant. And all such Writs of entry, must be signed by the Pro∣tectors Atturney before they can be Sealed.

In a Recovery, with double voucher, the fine must be sued first, to make him tenant at the time of the Writ of Entry brought, for eve∣ry Writ of entry, must alwayes be brought against him, that is tenant of the Freehold of the Land demanded at the time of the Writ brought, 18. R. 2. and Dyer fo. 252. pl. 98. for that, that the estate of the tenant in tail which is vouchee. is barred in respect of the Assets on∣ly, which is, or may be recovered in value, Pl. Bassets vers Manxell, fo. 11. a. and of execution sued by the tenant against him.

And if the tenant have but an estate for life, or in dower, or by the Curtesie, then to have a good recovery thereof, it is meet that such te∣nant make a conditionall surrender of his estate to him in the reversion, or remainder, to the

end he may be a present Tenant of the inhe∣ritance, and then to bring the Writ of entry against him, and after that the recovery is exe∣cuted, the particular tenant for breach of the condition may enter and enjoy his Term, not∣withstanding such surrender.

In a recovery with a single voucher, are in∣cluded two Recoveries, viz. one at the sute of the demandant against the Tenant, and another at the sute of the tenant against the vouchee. And if it be with a double voucher, there are incuded in it three recoveries, one by the de∣mandant against the Tenant, one other by the tenant against the vouchee, and the third by the first vouchee, against the second vouchee.

And in a recovery, with a treble voucher are included, 4. recoveries, whereof three are such as were last mencioned, the fourth is a recove∣ry by the second vouchee against the third, and in these recoveries, the demandant hath judge∣ment to recover the Land against the tenant, and the tenant hath likewise Judgement to re∣cover in value against the vouchee; and if it be with a double voucher, the first voucher hath also the like Judgement to recover in value against the second; and if it be with a treble voucher, the second vouchee hath the like Judgement against the third. And the record also maketh mention of the execution of the Judgement against the tenant by Entry, or a Writ of Habere fac. seisinam accordingly.

And when such Recovery is so executed, the uses agreed upon, do forthwith arise out of the Lands, Tenements, &c. so recovered according to the mutuall agreement of the parties.

The scope of a common Recovery, with a sin∣gle voucher is to bar the tenant and his Heirs of such only estate tail which then is in him, to bar others of such estates, as they have of any reversion expectant, or remainder dependant upon the same. And of all Leases and incum∣brances derived out of such reversions, or re∣mainders.

The scope of a Common Recovery with a double voucher, is to bar the first voucher and his Heirs; of every such estate as at any time was in the same voucher, or any of his Ancestors, whose Heir he is, of such estate, and all other persons of such right to a reversion or remain∣der, as were thereupon at any time expectant, or dependant, and of all Leases, Charges, and incumbrances derived out of any such reversion, or remainder, and that will be also a perpetual bar of such estate, whereof the tenant was then seised of in reversion, or remainder, expectant, or dependant upon the same; &c.

The scope of a common recovery with a tre∣ble voucher, is to make a perpetuall bar of the estates of the tenant, and of every such estate of inheritance, as at any time had been in the first or second vouchee, or any of them, or either of their ancestors, whose Heirs he or they are, of such estate, and as well of every reversion thereon dependant, as also of all Leases, Estates, Charges, and Incumbrances, derived out of any such reversion, or remainder.