Recital

contracts, pleading, is the repetition of some former writing, or the statement of something which has been done. Touchst. 76. Recitals are used to explain those matters of fact which are necessary to make the transaction intelligible. 2 Bl. Com. 298. It is said that when a deed of defeasance recites the deed which it is meant to defeat, it must recite it truly. Cruise, Dig. tit. 32, c. 7,8. 28. In other cases it need not be so particular. 3 Penns. Rep. 324; 3 Chan. Cas. 101; Co. Litt. 352 b; Com. Dig. Fait, (E 1). In pleading, when public statutes are recited, a small variance will not be fatal, where by the recital the party is not “tied up to the statute;” that is if the conclusion be contra Aisi statuti predicti. Sav. 42; 1 Chitty Crim. Law, 276; Esp. on Penal Stat. 106. Private statutes must be recited in pleading, and proved by an exemplified copy, unless the opposite party, by his pleading admit them. By the plea of nul tel record, the party relying on a private statute is put to prove it as recited, and a variance will be fatal. See 4 Co. 76; March, Rep. 117, pl. 193; 3 Harr. & M‘Hen. 388. Vide, generally, 12 Vin. Ab. 129; 13 Vin. Ab. 417; 18 Vin. Ab. 162; 8 Com. Dig. 584; Com. Dig. Testemoigne

— Evid. (B 5.); 4 Binn. R. 231; 1 Dall. R. 67; Yelv. R. 127 a, note (1); Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch. Rep. 23; Toullier in his Droit Civil Francais, lv. 3, t. 3, c. 6, n. 157 et seq. has examined this subject with his usual ability.