« ForrigeFortsett »
charged by the vendors; but if the purchase shall not be completed by the said
day of then the purchaser, from whatever cause the delay may have arisen, whether from the state of the title, or otherwise, shall pay to the vendors interest at the rate of L.5 per cent. per annum on the balance of his purchase-money, from that time, until the purchase shall be completed, but without prejudice to the right reserved to the vendors under the
condition. In sales under That the purchaser, immediately upon being so the Court of declared, do sign a contract to complete his purchase, Chancery.
and pay his purchase-money into court, to the credit of the above-mentioned causes, on or before the day of
and do procure, at his own expense, within one month from the day of sale, the usual report of his purchase and order confirming the same.
That the vendors shall be entitled to the rents and profits of, and shall pay all out-goings in respect of the said premises up to the day of
, from which day the purchaser shall be entitled to such rents and profits; and in case he shall not, from any cause whatever, have previously paid his purchase-money into court, to the credit of these causes, he shall pay interest at and after the rate of L.5 per cent. per annum on the whole of his purchase-money from the said to the day of payment into court of his purchase-money ; the interest-money, (if any,) together with the value of the timber, to be paid into court with the purchase-money of the said estate and premises, and the amount of the valuation of the timber to bear interest at and after the rate of L.5 per cent. from the said
, if not paid before that day.
The purchaser shall at his or her expense procure the master's report of his or her being the purchaser, and the usual order for confirming the same, and shall also (under an order to be obtained at his or her expense) pay the purchase-money into the Bank
of England to the credit of the cause, on or before (In sales the 20th day of November next, at which time the under the purchase is to be completed; and if from any cause Chancery.) whatever the purchase-money shall not be paid in, or the purchase shall not be completed as aforesaid, the purchaser shall pay interest on the purchasemoney at five per cent. per annum, until the same is paid, and the purchaser shall be let into possession, or be entitled to the receipt of the rents and profits, or a proportionate part thereof, from the said 20th day of November next.
That the vendor's title will commence with certain Limitation as indentures of lease and release, bearing date which being a period of
years, it is stipulated that they shall not be called upon to produce any previous title to the said premises, or any lot thereof.
That the vendors will, within seven days from the As to abstract day of sale, deliver an abstract of their title to the and objections
to title. purchaser, and thereby deduce a good title to the premises agreeably to these conditions; and the purchaser shall, within fourteen days after the delivery of the abstract, signify in writing to the vendors' solicitor, his acceptance of, or objections to, or requisitions on the title, as deduced by such abstract, and that in default of his so doing, he shall be considered as having accepted the title; and every objection or requisition not taken or made, and so communicated within such period, shall be considered as waived, and in this respect time shall be deemed of the essence of the contract. But in case the purchaser or his solicitor shall within such period raise any objection to the title, the vendors, if they shall see fit, shall be at liberty to rescind the contract for the sale of the property, on repaying to the purchaser his deposit-money, without any interest, costs, or other charges ; but this condition shall not prejudice the right of the vendors to compel the completion of the contract if they should prefer it.
That the vendors shall, at their own expense, make the same out an abstract of their title, and deliver the same to applicable to
each purchaser, or his or her solicitor, on or before the day of and such purchasers shall signify his or her assent to or dissent from the title on or before the
day of then next; and in case a safe and secure title cannot be made to the said premises, or any lot thereof, the deposit-money shall be returned to the purchaser of the lot to which a safe and secure title cannot be made out, together with interest at L.4 per centum per annum, and such purchaser shall accept the same in full satisfaction of all damages and demands whatsoever, and thereupon
this sale shall be null and void. As to evidence
That on the examination of the title, all recitals, (except of deeds, copies of court roll, or other documents in the vendors' possession,) and all statements, or descriptions of parties, or properties respectively occurring in deeds, copies of court roll, or other assurances, or documents of title twenty years old or upwards, shall be accepted as sufficient evidence of the several matters or facts so recited or stated, or of the accuracy of such descriptions respectively, and no further evidence shall be required in support thereof, nor shall the vendors be required to identify the parcels with the title thereto, as shown by the abstract ; and all outstanding terms for years, (whether assigned to attend the inheritance or not) or other outstanding legal estates which do not appear to have been noticed on the various sales, and other dealings with the property which have occurred during the last twenty years, shall be presumed to have been satisfied and surrendered, or got in.
That the statement by way of recital, or otherwise, in any deed or document relating to the title dated above twenty years previous to the day of sale, or of any fact relating to heirship, descent, marriage, pedigree, survivorship, intestacy, identity of property, or other such like fact or circumstance, shall be deemed and taken to be conclusive evidence of such fact, and no further evidence thereof shall be required.
That recitals should be evidence.
dition as to title and com
As parts of the property now offered for sale were As to land acquired under exchanges effected upwards of forty taken in ex
change. years ago, the vendors shall not be called upon to produce any title to such parts prior to the deeds of exchange.
All recitals in deeds above forty years old shall be General contaken as evidence of the facts recited, and the pur. chaser shall not be entitled to call on the vendors for
pletion. any further proof, nor shall the purchasers be entitled to call for the production of any deed or other documents covenanted to be produced in any deed dated upwards of forty years prior to the day of sale, and all attested, and other copies of, or extracts from, any deeds, wills, or other documents, and all deeds of covenant for the production of deeds and other documents, and all assignments, or surrenders of terms already assigned to attend the inheritance, shall be made, procured, or obtained at the expense of the purchaser.
That all attested, official, and other copies or ex- As to costs tracts of deeds, [copies of court roll, letters of at- of copies, &c. torney for the surrender of copyhold premises,] wills, or other documents, and also all certificates of baptisms, marriages, and burials, called for by the purchaser's solicitor, and not in the vendors possession, either for verifying the abstract or otherwise ; and also the conveyance or assignment of any outstanding legal estate or interest in the premises, or any part thereof, shall be made and obtained at the expense of the purchaser.
That the conveyances of the several (freehold) lots, Expense of and the assignments of all terms of years therein, conveyances. whether already assigned to attend the inheritance or not, shall be prepared by the purchasers' own solicitors, at the expense of each purchaser, and shall be approved of and executed by the vendors, and all other proper and necessary parties, at the like expense of the respective purchasers, and shall be delivered to them on payment of the remainder of the purchase-money, according to the condition ;
As to a foot
and each lot shall be conveyed to the purchaser thereof, subject to the several stipulations, charges, and incumbrances affecting the same, as are mentioned
in the foregoing particulars. Indemnity That the purchaser shall accept the vendors' bond against an annuity.
of indemnity (to be prepared by, and at the expense of, the vendors) in the penalty of L.100, against a life annuity of L. , charged, amongst other premises, upon lot 5.
That lot 6 is sold subject to such foot-paths or rights of way through, over, and across the premises therein comprised, as are delineated and set forth in
the map or plan annexed to the particulars thereof. Inspection of That the title-deeds relating to the said premises deeds, and ex- shall be produced for the inspection of each purchaser, pense of cer
or his or solicitor, at the office of Mr.
That all allotments in lieu of right of common, or
otherwise, shall be taken to have been regularly and right of com
duly made, and that the vendor shall not be required to produce any further title to such rights of common (or other lands for which such rights of com
mon were made] than what appears on the abstract. deeds, and
In cases where the title-deeds, or any of them, reexpense of assignment of
late to more than one lot, the purchaser of the largest part of the property comprised in such deeds, if all
As to allotments in
As to title