« ForrigeFortsett »
the property therein comprised shall be sold, shall have the custody of such deeds; or, if all shall not be sold, the vendor shall retain the custody, and such purchaser of the largest part, or the vendors, as the case may be, shall enter into the usual covenants, (to be prepared by, and at the costs of, the party requiring the same,) for production and delivery of copies of such deeds to the other purchaser or purchasers, and all deeds of covenant for production of deeds and documents, and all attested copies which may
be required, and all deductions and acts for deduction of title to satisfied terms of years, already assigned to attend the inheritance, and all assignments of such terms, to be at the expense of the party requiring the same.
That, as the title-deeds relating to the said pre- Ditto. mises concern the title to other estates of the vendors of greater value, such title-deeds will be retained by them, and they will, at the expense of the respective purchasers, enter into the usual covenants with them for the production and safe custody of such title-deeds; and to furnish attested and other copies, and abstracts thereof, at the like expense of the purchasers, when thereto required; and if the purchaser of any lot shall require attested or other copies of all, any, or either of such title-deeds at the time of completing his or her purchase, the same shall be made out by the vendors' solicitor at the expense of the person requiring the same.
That, as the vendors, and those under whom they As to length claim, have been in possession of the said premises of title, and now offered for sale for upwards of stipulated that the same shall be sold and conveyed by the modern names and quantities as set forth in the plan produced at the time of sale ; and that the vendors shall not be compelled to identify the ancient description mentioned in the title-deeds with the names and quantities mentioned in the said plan, further than as such names and quantities may happen to agree.
years, it is identity.
As to errors
As to gates,
That the purchaser of each lot shall make, maintain, and keep in repair all the gates, fences, and roads belonging thereto, in such proportions and manner as are set forth under each lot in the fore. going particulars; and also pay all such land-tax and chief-rent as are set forth under each lot.
That the timber and timber-like trees now growing on each lot, down to the value of 5s. per stick, shall be taken to by the purchaser, according to a valua. tion to be set thereon by Mr. ; such valuation to be made on or before the
, and the amount thereof shall be paid to the vendors at the time of completing the purchase, over and above the purchase-money.
That if any error shall be discovered in the par. in sales by the ticulars of the property, such error shall not annul
the sale; but a reasonable compensation or allowance shall be given or taken, as the case may require, such compensation or allowance to be settled and fixed by the master, if the parties differ about the same.
Thatif any mistake be made in the description of the premises, or any error whatsoever shall appear in the particulars thereof, such error or mistake shall not annul the sale; but the vendors or the purchasers, as the case may happen, shall pay or allow such compensation as shall be fixed by proper arbitrators, one to be appointed by the vendors, and the other by the purchasers; and, if such arbitrators disagree, then by a third person, to be named by them as umpire.
That the purchaser shall, at his option, within three days from the day of sale, signify to the auctioneer in writing, whether he will take the furniture, fixtures, and all out-door and in-door effects, not belonging to the freehold, and which are set forth in an inventory, which will be produced at the sale, at the sum of L.600, and if he declines taking the same in either of these modes in addition to his purchase-money, or by a valuation in the usual manner, then the fix. tures only shall be valued by two indifferent persons, or their umpire, and paid for by the purchaser at the
The like in other cases.
As to fixtures.
time he completes his purchase, and in that case the vendors reserve the right of selling the furniture and other effects by auction in the mansion, previously to the of
That if the purchaser (of any lot] shall neglect or Concluding refuse to comply with these conditions, his or her condition. deposit-money shall be actually forfeited to the vendors, who shall be at liberty to resell the lot or lots bought by the person or persons so neglecting or refusing to comply with these conditions, either by public auction or private contract, or otherwise, as the vendors shall think proper, and the deficiency (if any) occasioned by such second sale, together with all charges and expenses attending the same, shall, immediately after the same sale, be made good to the vendors by the defaulter at this present sale ; and, in case of non-payment of the same, the whole shall be recoverable by the vendors as and for liquidated damages, without the necessity of the vendors'
tendering" a conveyance to such defaulter. By order of the Court of Chancery for the purs pose, the vendors are entitled to have one bidding for each of the lots.
N.B.- This being a sale by the direction of the MemoranCourt of Chancery, there will be no auction duty, dum where and no deposit is required, and the fees of sale will be paid by the vendors.
the sale is under the court.
PECULIAR TO LEASEHOLDS.
That the purchaser shall have a proper assignment As to lessor's of the premises at his own expense on payinent of title, and surthe remainder of the purchase-money, but he shall not be entitled to call for the production of the lessor's
* This is generally inserted, but a vendor is not bound to tender a conveyance; Baxter v. Lewis, 1 Fore. 61; Webb v. Bethel, 1 Lev. 44.
As to surrendered leases.
As to the assignment.
title, nor shall require the deduction of title to any surrendered lease, which may be referred to in the subsisting lease.
That as the premises are leasehold, for three lives under A. B., (with livery and seisin indorsed thereon) it is hereby stipulated, that the title of the said A. B. shall be admitted, and that the vendors shall not be required to produce the same, or give any particulars thereto, and, as it is the practice on the renewal of leases to deliver up to the said A. B. the former leases on receiving new ones, the vendors can only undertake to produce to the purchaser of the said premises the last renewed lease, but a good title shall be made by the production of examined copies of the books of the said A. B., of leases granted of the said premises in regular succession for the last sixty years.
That the purchaser shall have a proper assignment of the premises at his own expense, on payment of the remainder of the purchase-money, but he shall not be entitled to call for the production of the lessor's title, nor shall require the production of or the deduction of title to any surrendered lease which is re
ferred to in the subsisting lease. Indemnity
That each of the respective purchasers shall, on against rent. the completion of the purchase, at his own expense,
execute to the vendor a bond for the sum of L. conditioned for indemnifying the vendor against the rent and covenants of the lease, in respect of the pre
mises purchased by and assigned to such purchaser. Apportion
That inasmuch as both the messuages now offered for sale are included in one lease, subject to an entire rent of L.
, the purchaser of each lot shall enter into a covenant with the purchaser of the other lot, for the payment and performance of his (the co• venantor's) proportion of the rent and covenants, and give to such other purchaser a power of distress upon the premiums purchased by the covenantor, as an indemnity against such proportion; of which deed
of indemnity two parts shall be executed, and the same shall be prepared at their joint expense.°
• If it be intended that the purchaser shall pay for all as to copies copies, extracts, &c., not in the possession of the vendor, add and extracts. here, “ all attested, official, and other copies, or extracts of deeds, wills, or other documents, or assurances, not in the possession of the said vendor, and all certificates or copies of parochial or other registers, or evidence as to pedigree, which may be required by the purchaser, for the purpose of examination, or of verifying or proving the abstract, or any act, fact, matter, or thing therein, or in the deeds or assurances contained therein, set forth, stated, or recited, or otherwise, or for any other purpose, and all deeds of covenants or assignments of terms, or documents affecting the same, (should any such be necessary,) which shall be required by the purchaser, shall respeetively be made and obtained at his expense.” Or thus : " Abstracts of title will be prepared at the vendor's expense; but all conveyances and other assurances, and all attested or other copies that shall be required, either for the purpose of verifying the abstract or otherwise, are to be at the purchaser's expense.” And if it be intended As to old rethat the vendor shall not be bound to prove the recitals of citals. old deeds, add : “ All recitals in title-deeds made more than [-] years ago, of births and marriages, heirships and descents, shall be accepted by the purchaser as an evidence of the facts so recited, without the vendor being liable to the production of certificates and pedigrees, or other documentary evidence in support thereof."
According to the case of Fort v. Clarke, 1 Russell, 601, recitals in old deeds are not evidence of facts unless properly corroborated; therefore, in the absence of the above stipulation, the vendor would be compelled to furnish such evidence.
When there are allotments made in right of common, to As to allotbe taken to without investigation, add the following: That ments in all allotments in lieu of right of common, or otherwise, shall right of combe taken to have been regularly and duly made, and that mon. the vendor shall not be required to produce any further title to such rights of common (or other lands for which such rights of common were made] than what appears on the abstract.”
If the premises are leasehold, add: " That as to such Leasehold. parts of the property as are leasehold, the vendor shall not