during the term or time of one hundred years thence next ensuing, and fully to be complete and ended, if the said J. T. shall so long live: nevertheless only by way of protection against any for feiture to be claimed by reason or means of any recovery or recoveries to be suffered by the said J. T. and for that purpose to be held, in trust for the said J. T. and his assigns, without any prejudice or eviction, by reason or on account of any forfeiture which can, shall, or may be claimed by reason of any recovery or recoveries to be suffered of the same messuages, lands, tenements, and hereditaments, by the said J. T. and upon no other trust, nor for any other end, intent, or purpose whatso ever: In witness, &c.

FORM XIII.

!

The £100,000 Clause; being a Clause in a Reco very Deed to cease the Estate limited by a Tenant for Life, for the Purpose of assisting a Tenant in Tail in suffering a Recovery. The Object of this Clause is in most cases to prevent a Merger of the Estate for Life in the Ownership under the Estate Tail: and to revive the Estate for Life, and all Powers annexed thereto.

PROVIDED ALWAYS, and these presents are upon this express condition, that if the said his executors, or administrators, shall not on the well and truly pay or cause to or her assigns, the full sum

day of

be paid to the said

of £100,000 of lawful money of the united kingdom of Great Britain and Ireland, current in Great Britain; then the grant, bargain, and sale, or other assurance hereby made to the said and his heirs, during the life of the said [or dur ing the joint lives of the said shall cease and be void to all intents and purposes, (so that the estate of the said may be discharged of and from the limitation hereby made for the life [or joint lives] of the said

and

).

GENERAL FORM OF CLAUSE

Declaratory of the Intention and Agreement to suffer d common Recovery, and declare the Uses thereof with ome of the more ordinary Variations. For other Va riations, see the Appropriate Forms..

TO THE INTENT that the said

may be tenant of the freehold of the said hereby released or otherwise assured, or intended so to be, and every part and parcel of the same, with their rights, members, and appurtenances, to the end, that one or more good and perfect common recovery or recoveries, with double voucher, may be had and suffered of the same hereditaments. And for that purpose, it is hereby directed, declared, and agreed, by and between all the said parties to these presents, that the said shall permit and or some other per

suffer the said

son or persons, at the costs and charges in all things, of the said his heirs, executors, or administrators, at any time or times hereafter, to sue forth and prosecute against him, the said out of his majesty's

When the lands are in any of the Welsh counties.] One or more writ or writs of quod ei deforceat, in the nature of

high court of Chancery, one or more writ or writs of entry sur disseisin en le post, returnable before his majesty's justices of the court of Common Pleas, at Westminster, and thereby demand of the said the and premises hereby released, or otherwise assured, or intended so to be, with their, and every of their rights, members, and appurtenances, by the names and descriptions of or by such other apt, good, sufficient, and proper names, number of messuages, and acres, quantities, qualities, and other descriptions, as shall be deemed necessary, proper, sufficient, and requisite to comprise the same. And that the said

e

shall in his proper person, or by his attorney or attornies, lawfully authorized in that behalf, ap

a writ or writs of entry, sur disseisin en le post, &c. and to be returnable before his majesty's justice or justices of great session for the said county of

When the lands are in a county palatine.] Out of his majesty's chancery for the county palatine of

When the lands lie in two or more counties.] Two or more writs, &c. and by one of the said writs demand of the said the said situate in the said county of by the names and descriptions of and by the other of the said writs demand the said situate in the said county of

of the said

by the names and descriptions of

Justices of assize for the same county.

• Sometimes the description is omitted.

As to lands in Wales.] And shall make protestation to pur sue the said writ or writs in the nature of a writ or writs of entry, sur disseisin en le post at the common law, according to the statute in that behalf.

pear to the same writ or writs, and vouch to warranty the said and that the said

shall in his own proper person or by his attorney or attornies, lawfully authorised in that behalf, appear gratis, and freely enter into the warranty of the said and taking the same upon himself, vouch over to warranty, the common vouchee of the said court of Common Pleas for the time being, who shall appear gratis, and freely enter into the warranty of the said and after imparlance make default so that judg ment may be given upon the said writ or writs, and every of them for the said or other demandant or demandants, to recover all and singular the said hereby released, 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 appurtenances, by such names, quantities, qualities, and other descriptions as aforesaid, against the said and for the said

to recover in value against the said and for the said to recover in value against the common vouchee as is usual in such cases; and that upon all and every recovery and recoveries to be suffered as aforesaid,execution may be sued and prosecuted by, and seisin had, taken, and delivered unto the said

or other demandant or demandants, accordingly; And that every other act or thing needful, requisite, or proper, to be done or executed for the purpose of suffering and perfecting a common recovery or recoveries of the said hereby released or otherwise assured or intended so to be,

* Great session, or county palatine.