« ForrigeFortsett »
PECULIAR TO COPYHOLDS.
As to the The vendors will warrant the lives in existence to lives, and ex- the day of sale ; but the risk of any dropping after pense of surrender.
that day shall be upon the purchasers of this lot and lot 1, in the proportions after mentioned. That the expense of surrendering or taking the premises into court (whether at a general or special court) shall be paid by the vendors out of the said trust-estate ; but ihe costs and expenses of taking the same out of court shall be paid by the purchasers of this lot and lot 1, in proportion to the value of such of the premises contained in each of the said lots respectively, as are now comprised in certain copies of court roll of the 11th of October 1819 : such proportion, in case of dispute, to be settled by the bishop's steward for the time being. The extra costs of any special court shall be paid by the vendors and the purchasers
of this lot and of lot 1, in equal proportions. As to propor
That the premises comprised in the several lots tion of chief- shall be charged with such proportion of the chief
rents, fines for renewal, heriots, and other expenses, as is set down, under the same, in the foregoing particulars thereof.
As to the period for deduction of title.
be bound to produce any earlier title than the original lease, and shall not be required to show or be answerable for his lessor's title ; and if it appears that the vendor's title consists merely of an under-lease, such under-lease shall be the limit beyond which the vendor shall not be bound to produce any evidence of prior dealings with the property.” (See p. 204.)
If it be intended to limit the time from which the vendor shall deduce the title, add : “ The purchaser shall not be entitled to require or call for any title to the estate prior to the purchase-deeds, in the years, &c.; nor will the vendor furnish any abstract of recitals in such deeds, but only to produce a title subsequent to the dates of the said deeds ; nor shall the purchaser be bound to identify the modern with the ancient descriptions of the parcels."
That the surrender of the premises, forming lots As to renewal 1, 2, 3, and 4, held by the copies of court roll of the where pro:
perty sold in Ilth day of October 1819, shall be made by the se- lots. veral lives to the lord, in order that the same may be re-granted to them in trust for the respective purchasers of lots 2, 3, and 4, respectively, according to the premises comprised in such several lots, and such copies of court roll; and the purchaser of lot 1 shall enter into covenants with the purchasers of lots 2, 3, and 4, to renew the several grants thereof, so as to keep the same respectively full lived, and pay the whole of the reserved or chief-rents, and the heriots, fines, and expenses attending every such renewal respectively; the purchasers of lots 2, 3, and 4, entering into covenants with the purchaser of lot 1, to repay to him the several proportions of the same several rents, heriots, fines, and expenses of and attending every renewal, stated under such lots in the particulars ; and also the whole of any increase of the same in consequence of any buildings or improvements to be erected or made on either of the portions included in the above-mentioned copy of court roll, comprised in lots 2, 3, and 4, respectively; and in the same deeds of covenant, the purchaser of lots 2, 3, and 4, shall covenant to pay the same accordingly; and shall give to the purchaser of lot 1 the usual powers of entry and distress to raise and levy the same proportions and increase on the above portions of the premises comprised in lots 2, 3, and 4, respectively, if not paid within one calendar month, after notice in writing being given to them, him, or her, by the purchaser of lot 1, of every such renewal, and the amount required to be paid in consequence thereof. And until lot 1, and lots 2, 3, and 4, shall be sold, the respective covenants and powers of distress, above referred to, shall be entered into by and with, and given by and to, the vendors. All such covenants, &c., to be made by and at the expense of the parties entering into or giving the same.
That the timber, and timber-like trees, pollards, As to timber.
and saplings, now growing upon the premises, down to the value of 2s. 6d. per stick inclusive, shall be taken to by the purchaser, according to a valuation to be set thereon by two indifferent persons, one to be chosen by the vendors and the other by the purchaser ; and in case of their disagreeing, then by an umpire to be named by such referees ; such referees and umpire to be named on or before the 18th day of October next, and the valuation to be made on or before the 1st day of November next ; and the amount thereof (after deducting the value of such proportionate part as the lord of the manor may be entitled to on any sale thereof) shall be paid to the vendors at the time of completing the purchase, over
and above the purchase-money. As to recitals, Recitals and statements occurring in the surrenders,
and admissions on the rolls, dated twenty years or of proving title.
more previously to the day of sale, shall be accepted as evidence of the matters recited or noticed, and the expense of obtaining any other matters of evidence, and of official, attested, and other copies, extracts, wills, judicial proceedings, probates, administrations, registers, proofs of intestacy, and of the production, and covenants for the production, of deeds which shall be required, either to perfect, verify, or accompany the abstract, or for any
other purpose, and shall not be in the vendors' possession, and of getting in any outstanding legal estate, shall be borne by the purchaser.
The vendors shall not be required to produce or account for the loss of any of the original copies of court roll relating to the property, and the expense of comparing the abstract with the court rolls (including the steward's fees) shall be borne by the pur
The purchaser shall not require the production of any evidence to identify the parcels with the modern description contained in the surrender to, and admission of, the late Mr. in March 1816.
As to loss of court rolls.
CONDITIONS FOR THE SALE OF TIMBER.
1. That the highest of two or more bidders shall Conditions. be the purchaser, provided the sum bid shall not be less than a sum to be mentioned in a paper sealed up and laid upon the table, previous to the commencement of sale ; and if any dispute shall arise, the same lot shall be put up again for sale.
2. That no person shall advance less than L. at each bidding.
3. That the purchaser (of each lot] shall immediately pay down a deposit of L.10 per cent. in part of the purchase-money, and
the remainder on the
184 , as hereinafter mentioned. 4. That the purchaser (of each lot] shall enter into proper articles, agreeable to these conditions, at the joint expense of himself and the vendor, and also shall and will, within four days from this day, at his own expense, enter into a bond, with sufficient security, to be approved by the vendor, at his house in, &c., for payment of the remainder of the purchasemoney, according to the third condition above-mentioned, and also for the performance of these conditions; and until such security is given, the timber, trees, and other wood, and every part thereof, to be considered as the property of the vendor, whether fallen or not.
5. That the purchaser, his servants, and agents, shall have power to enter on the premises where the trees are growing, and shall
, at his own expense; properly axe, fall, and cut down the said timber and other trees, and butt and top the same, on or before, &c., without doing any wilful damage to the saplings or other wood in the coppices, hedges, fences, or premises ; and stock the said timber and other trees, and get the roots and spurs out of the ground in a fair and workmanlike manner; but such of the trees as grow on the banks of the brooks, gutters, or rivulets, to be axe-fallen in such a manner as the vendor shalt
350 CONDITIONS FOR THE SALE OF TIMBER,
direct, so as to prevent the banks of the same from being broken or fallen in.
6. That the whole of the said ash-underwood shall be cleared off the said coppices and premises on or before the said
, and the whole of the timber or other trees, bark, cordwood, and wood arising from the said timber-trees, shall be cleared off the said lands and premises, by the usual and proper roads to the same, on or before, &c. ; until which time the purchaser shall have the usual privilege of sinking sawpits, and getting turf in such places as shall be appointed by the vendor or his agent for that purpose, for converting the said timber, and coaking the cordwood, not doing any wilful damage to the saplings or other wood growing on the said coppice and premises; such saw pits, so to be made as aforesaid, shall be properly fenced or covered, and shall, immediately after the converting of such timber, be filled up at the expense of the purchaser, except as hereinafter mentioned ; and such of the ash-underwood, or other trees, cordwood or other wood, as is, are, or shall be then remaining on any part of the said lands and premises, shall be forfeited to the said vendor, as and for a compensation for such damage as shall be occasioned thereby.
7. That the said purchaser shall, within three days after the same shall be fallen, cause the boughs and tops of the said timber and other trees to be cut off and laid on the bodies thereof, or under the hedges and fences, so that as little damage as possible may be done to the crops of grain, and shall not work nor carry away any part of the said timber or other trees till after such crops of grain are cut or carried, except the bark of such timber or other trees which the purchaser shall carry away without taking any horse or carriage on such crops for such purpose.
8. That the purchaser shall allow five stakes for every tree fallen in the hedge-rows or fences, to make up the gaps
in the said fences where such trees are so fallen as aforesaid ; and also a full compensation