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THE LIBRARY

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW

^;^y^

GEEENWOOD'S MANTJAL

(

OF THE

PRACTICE OF CONVEYANCING

SHOWING THE

PRESENT PRACTICE RELATING TO THE DAILY ROUTINE
OF CONVEYANCING IN SOLICITORS' OFFICES;

TO WHICH ARE ADDED

(JToncisie OTommon jiFormis anti ^Precetrentg in
Conbnjancing.

SIXTH EDITION,
THOROUGHLY REVISED.

By HAREY GKEENWOOD, M.A.,

OF Lincoln's inn, esq., babrister-at-law ;

AUTHOR OF "RECENT REAL PROPERTY STATDTES," AND JOINT KPITOR OF " NOTANDA.'

LONDON :

STEVENS AND SONS, 119, CHANCEKY LANE,

1881.

199 I

^ PREFACE

^ TO

"^ THE SIXTH EDITION.

^ —

In preparing' this edition for the press, I have
divided Part I. into chapters, and have endeavoured
to re-arrange the text in such a manner that the
various steps in th.e transaction which forms the
subject of each chapter shall be found as nearly as
possible in the order in which they take place in
actual practice.

In Part II. I have added considerably to the
number of Forms of Agreements — especially those
relating to mercantile transactions — Conditions of
Sale, and Conveyances, while I have omitted some
of the Forms of Mortgages, Settlements, and Clauses
in Wills, which found a place in former editions. I
have also pruned many of the forms of redundant
expressions, and have, tliroughout Part II., used
abbreviations. This course has enabled Part I. to
be printed in larger type, without materially adding
to the size of the book. *

The table of contents is much fuller than in former
editions, a new table of cases has been added, and
the cumbrous plan of a double index has been dis-

3485S1

IV PREFACE TO THE SIXTH EDITION.

continued, the references to the forms being given
in brackets.

It only remains for me to express my thanks to
the members of both branches of the profession, who
have rendered me valuable assistance both by the
loan of precedents and otherwise. Special acknow-
ledgments are due to my friends Mr. Henry Wright,
of Keighley, Mr. Walter L. J. Ellis, of Bedford
Eow, and to the Committee of the Birmingham Law
Society.

H. G-REENWOOD.

2, Old Square, Lincoln's Inn.
January 1, 1881,

PREFACE

THE FIKST EDITION.

In bringing before the profession an experience of
many years in the practice of Conveyancing, my
principal endeavour has been to produce such a book
as may be of service to Articled and other Clerks in
the profession, who may sometimes feel the want of
a simple guide to enable them to perform, with
comparative ease and credit to themselves, such
portions of Conveyancing business as may be in-
trusted to them. I need hardly say, that I have no
intention of intruding my experience on those
members of the profession who are now in practice,
or the numerous gentlemen engaged in the pro-
fession, who, instead of requiring help of this
description, could afford help and assistance to
others, much better than I have done. This book
is not intended to be anything more than a manual
for those who, from want of experience, feel some
difficulty, either at the commencement or during tlie
progress of ordinary Conveyancing business. I
have endeavoured to make the book so simple, tliat
a Solicitor may with confidence intrust small matters

VI PREFACE TO THE FIRST EDITION.

of business to Articled and other Clerks to proceed
upon, and submit to him from time to time.
Whether I am deceived in my expectations as to
the utility of my performance, or as to my own
capacity in undertaking it, I must leave others to
judge ; in writing it I have not trespassed on the
preserves of others in any one particular, but have
contented myself with a simple statement of the
strictly practical part of Conveyancing as followed
at the present day.

London, February, 1856,

CONTENTS.

PART I.

CHAPTEE I.

PAGE
Agbeements .. .. .. .. .. .. .. .. i

CHAPTER II.
Saij:s OF Real Estate .. .. .. .. .. .. 10

CHAPTER III.
Purchases OF Real Estate .. .. .. .. .. .. 32

CHAPTER IV.

Mortgages .. .. .. .. .. .. .. •• 59

CHAPTER V.

Leases .. .. .. .. .. .. .. .. .. 82

Parti. — Duties of Lessor's Solicitor .. .. .. .. 82

Part II. — Duties of Lessee's Solicitor .. .. .. .. 94

CHAPTER VL
Copyholds ,. .. .. .. .. .. .. .. 103

CHAPTER VII.

Partnebship Deeds and Deeds of Dissolution .. .. .. 122

Parti. — Partnership Deeds .. ,. ,. ., .. 122

Part II. — Deeds of Dissolution .. .. .. .. .. 126

CHAPTER VIII.

Settlements .. .. .. .. .. .. .. .. 130

Part I. — Marriage Settlements .. .. .. .. .. 130

Part II. — Vuluntary Settlements ,. ., .. .. .. 147

vill CONTENTS.

CHAPTER IX.

PAGE

Deeds UNDER THE Fines AND Recovebies Act .. .. .. 149

Part I.— Disentailing Deeds 149

Part II. — Deeds by Married Women .. .. .. .. 153

CHAPTER X.
Wills 156

CHAPTER XI.
Disclaimers .. .. .. .. .. .. .. •• 163

CHAPTER XII.
Pbobates AND Letters OF Administration .. .. .. .. 166

CHAPTER XII [.
Legacy AND Succession Duties .. .. .. .. .. 171

CHAPTER XIV.
Administration .. .. .. .. .. .. .. 175

APPENDIX I.

Preparation AND Expense of Legal Documents .. .. .. 179

APPENDIX II.

Usual Conveyancing Charges .. .. .. .. .. 180

APPENDIX IlL
Original Scale of Commission proposed by the Incobpokated
Law Society as Remunebation on Sales and Mortgages .. 183

APPENDIX IV.

New Scale of Fees suggested by the Incorpobated Law Society
FOR Conveyancing Transactions .. .. .. .. .. 186

APPENDIX V.
Instructions for Execution of Deed by a Layman .. .. 190

CONTENTS. IX

PART II.
PRECEDENTS.

ADVERTISEMENTS.

PAGE

I. Advertisement by Executors for Creditors under Lord

St. Leonards' Act 193

IL Advertisement by Administrator for Creditors and Next of

Kin under Lord St. Leonards' Act .. .. .. 194

AFFIDAVITS.

III. AfBdavit verifying Notice of Dissolution

IV. to obtain Distringas..

V. of due Execution of Bill of Sale

VI. by Sheriff

VII. for re-registration of Bill of Sale

195

195
196
197
197

VIII. verifying consent to enter Satisfaction of Bill of Sale 198

AGREEMENTS.

IX. Agreement for Sale of Freehold House (short form) .. 109

X. Agreement for Sale of Freehold Farm by Trustees . . 200
XI. Agreement (Stringent)-for Sale of Leasehold Houses (concise

form) 202

XII. Agreement for Sale of Leasehold Factory and Stock-in-

Trade 205

XIII. Agreement for Sale of British Ship .. .. .. .. 208

XIV. Agreement for Lease (or Underlease) of a House .. .. 210

XV. Agreement for Mortgage .. .. .. .. .. 211

XVI. Agreement for Release of Annuity .. ,. .. .. 213

XVII. Agreement for Reference of Disputes to Arbitration .. 214

XVIII. Agreement for Reference of Action ,. .. .. ,, 216

XIX, Agreement between Manufacturer and his Son as to Services 217

XX. Agreement appointing Resident Manager of Fireclay Works 221

XXI. Agreement between Brewer and Manager as to Services .. 225

XXII. Agreement between Manufacturer and Traveller .. .. 226

XXIII. Agreement between Manufacturers and their Agent .. 229

XXIV. Agreement between a Patentee of Railway Buffers and his

Agent 232

CONTENTS.

PAGE

XXV. Agreement between Colliery Owner and Consulting

Engineer .. .. .. .. .. .. 234

XXVI. Agreement between Colliery Owner and Resident

Manager .. .. .. .. .. 236

XXVII. Agreement between Mineral Water Company and del

credere Agent . . . . . . . . . . . . 238

XXVIII. Articles of Clerkship 241

XXIX. Indenture of Apprenticeship .. .. .. .. 242

APPOINTMENTS.

XXX. Appointment of Share of Residuary Estate .. .. 244

XXXI. of New Trustee of Will of Freeholds .. 245

XXXII. of New Trustee of Settlement by Indorse-
ment under Statutory Power .. .. .. .. 246

XXXIII. of Gamekeeper 247

BONDS.

XXXIV. Common Money Bond 248

XXXV. Bond from the Manager of a Brewery with Sureties .. 248
XXXVI. Bond to secure Reinvestment of Stock and Interest . . 250

CERTIFICATE,

XXXVII. Certificate of Acknowledgment of Deed by Married

Woman .. .. .. .. .. .. 251

CONDITIONS OF SALE.

(a.) Complete Forms.

XXXVIII. Conditions of Sale of B'reehold House in one lot . . 252

XXXIX. Freeholds in lots 258

XL. Leasehold House in one lot . . 264

XLI. Leaseholds in lots (short form) . . 26'J

XLII. Freehold Ground Rents (short

form) 271

XLIII. Particulars and Conditions of Sale of a Reversion . . 273
XLIV. CoiKlitions of Sale of Leaseholds under a Judgment of

the Chancery Division . . . . . . , . 276

XLV. Conditions incorporating the Common Form Conditions

of the Birmingham Law Society . . . . . . 282

(6.) Various Special Conditions .. .. 289-297

CONTENTS. XI

CONVEYANCES AND ASSIGNMENTS,
(a.) Complete Precedents.

PAGE

XLVI. Conveyance in Fee of Freehold Building Land (very

concise) . . . . . . . . . . • • • • 298

XLVII. Freehold Cottage with right to

use Pump (concise form) . . . . . . . . 299

XLVIII. • Freeholds by Indorsement (con-
cise form) . . . . . . . . . . . . 300

XLIX. Part of Freehold Farm, a Lessee

joining to merge his Term (full form with usual
clauses) . . . . . . . . . . • • • • 301

L. by Appointment and Grant with

Covenant for Production of Deeds (concise form) . . 304

LI. by Mortgagor and Mortgagees. , 306

LII. by Mortgagee under Power of

Sale 308

LIII. by Tenants in Common with

Covenant that Infant shall convey on attaining
majority . . . . . . • . • • • • 309

LIV. by Clerk of the Peace to Trus-
tees of a Settlement .. .. .. .. .. 311

LV. — — • in consideration of a Rent Charge,

the Minerals being reserved .. .. .. .. 313

LVI. Conveyance of Life Estate in Freeholds .. ., 316

LVII. of Land for Burial Ground under 43 Geo. 3,

c. 108 317

LVIII. Surrender of Copyholds \ i . . 318

LIX. Deed of Covenant to accompany Surrender ) ( .. 319

LX. Enfranchisement of Copyholds.. .. .. .. 320

LXL Surrender of Copyholds to Trustees of a Settlement .. 322
LXIL Conveyance of Freeholds and Copyholds .. .. 322

LXIII. Assignment of Leaseholds by Independent Deed .. 324

LXIV. by Indorsement .. .. 325

LXV. by Mortgagor and Mortgagee 326

LXVI. by Mortgagee under Power of

Sale 328

LXVI I. to be indorsed on a Mortgage

pursuant to Covenant for further Assurance . . .. 330

LXVin. Scheduled Debts 331

LXIX. Reversionary Interest in Stock.. .. 333

LXX. Reversionary Interest in Stock and

Policy by Mortgagee under Power .. .. .. 335

CONTENTS.

PA.GE

LXXI. Assignment of Goodwill of a Watchmaker's Business .. 337
(&.) Recitals in Conveyances .. .. .. 339-348

DEEDS OF CONFIRMATION.

LXXII. Confirmation of Deed by a Widow or Spinster who

married before executing it ,. .. .. .. 349

LXXIII. Confirmation by two married Women of an Assign-
ment of Leaseholds which they had not acknowledged 349

DEEDS OF COVENANT.

LXXIV. Covenant to produce Deeds .. ,. .. •• 352

LXXV. Covenants by adjoining Owners as to Building Plans .. 358

LXXVI. Covenants by Riparian Owners to ensure purity of Eivers 356

DISCLAIMERS.

LXXVII. Disclaimer of Trusts of a Will ..
LXXVIII. Disclaimer of Trusts of a Will (short form)
LXXIX. Disclaimer of Copyholds by Trustees ..

360
361
361

DISENTAILING DEED.

LXXX. Disentailing Deed by Tenant in Tail with consent of

Tenant for Life as Protector .. ,. .. .. 363

LEASES AND TENANCY AGREEMENTS.

LXXXI. Tenancy Agreement of small House for three Years .. 365

LXXXII. Tenancy Agreement of House for less than three Years 365
LXXXIII. Tenancy Agreement of Cottage between Manufacturer

or Colliery Owner and one of his Workmen .. .. 367

LXXXI V. Lease of a Private House with usual provisions .. 369

LXXXV. Lease of a Public House with usual provisions .. .. 372

LXXXVf. Tenancy Agreement of Farm from Year to Year ., 374
LXXXVII. Lease of small Farm from Year to Year (concise

form) .. .. .. .. .. .. .. 375

LXXXVIII. Lease of Farm in Yorkshire with usual clauses .. 377

LXXXIX. Building Lease with Reservation of Water in a Well 383

LICENCES.

XC. Licence by Lessor to assign Lease
XCI. Licence by Lessor to permit Sale by Auction

388

CONTENTS. XI 11

MEMORIALS.

XCII. Memorial of a Conveyance
XCIII. Memorial of an Assignment
XCIV. Memorial of a Mortgage ..

XCV. Memorial of a Lease
XCVI. Memorial of an endorsed Deed

. 390

. 391

. 392

MORTGAGES.

XCVII. Mortgage of Freehold Houses to one or more Mortgagees 393
XCVIIL Mortgage of Freeholds adopting Statutory Powers

(concise form) .. .. .. .. .. .. 396

XCIX.)-, ^ fn ^. ^A \ 397

{.Mortgage of Copyholds.{

CL Warrant to enter Satisfaction of Conditional Surrender

of Copyholds 398

CIL Mortgage of Leaseholds by Demise .. .. .. 399

Cin. Memorandum of Deposit to secure Balance of Banking

Account .. .. .. .. .. .. 401

NOTICES.

CIV. Notice as to Stock under R. S, C, Ord. XLVL .. 404

CV. Notice of Dissolution of Partnership .. .. .. 404

CVL Notice to Quit by Landlord to Tenant 405

CVIL Notice to Quit and for Double Rent 405

CVIII. Notice to Quit by Tenant to Landlord 406

CIX. Notice by Lessor to Lessee to abate Nuisance .. .. 406

ex. Notice by Mortgagee to Tenant to pay Rent to him . . 407

CXI. Notice by Second Mortgagee to First Mortgagee . . 407

CXII. Notice by Mortgagee to Trustees of Legacy .. .. 407

CXIII. Notice by Mortgagee to Mortgagor of intention to sell 408

PARTNERSHIP DEED.

CXIV. Deed of Partnership between two Traders .. .. 409

POWERS OF ATTORNEY.

CXV. Power of Attorney to execute a Deed .. .. .. 416

CXVL Power of Attorney under Tithe Commutation Act .. 417

CXVIL Power of Attorney under General Inclosurc Act .. 417

CX VIII. Power of Attorney to Recover a Debt 418

XIV CONTENTS.

EELEASE.

PAGE

CXIX. Release of Executors by a Residuary Legatee .. .. 419

REQUEST.
CXX. Request to Trustees to sell Stock and lend Proceeds ., 421

SETTLEMENTS.

CXXL Marriage Settlement of Real Estate 423

CXXIL Marriage Settlement of Personal Estate .. ,. 425

TESTIMONIUM.
CXXIII. Testimonium to Deed executed by Attorney .. .. 427

WILLS.

CXXIV. Will giving all property to Wife 428

CXXV. Will giving specific gifts and residue to Children .. 429
CXXVr. Will giving all property to Trustees foi- benefit of Wife

and Children 429

TABLE OF CASES.

PAGE

Attorney-General v. Biphosphated
Guano Company . . . 353

Bannerman v. Clark ... 28
Bannister, Ke . . . .38
Bebb V. Bunny ... 27

Best V. Hamand ... 38
Birkett, Re . . . .177
Bolton V. London School Board 11, 54
Bonnewell v. Jenkins . . 35

Broad v. Munton ... 38
Brumbridge v. Massey . . 70
Brumfit V. Morton ... 16

Calvert v. Sebright .

Camberwell Benefit Building
Society v. HoUoway

Clarke v. May ....

V. Royal Panopticon So-
ciety .....

Clegg V. Rowland

Clifford -y. Watts

Cooper V. Cartwright

V. Macdonald

72
177

Crabbe v. Moxey
Cross V. Lawrence
Crossley v. Maycock .
Cruikshank r. Duffin

Dawson v. Brinkman
Delhasse, Ex parte .
Dennis, Re

De Visme r. De Visme
Dickinson v, Dodds .

. 55
53, 141, 155
. 147
. 109
. 35
. 71

109
129
177

28
35

Edwards' Policy, Re .
Egmont V. Smith

Foley V. Fletcher

Gardner v. Tate
Garland v. Jekyll
Greaves v. Wilson
Greenslade v. Dare
Goodchild v. Dougal

H.
Hall V. Hall
Hart V. Swaine
Hawkins v. Perry
Hilton V. Eckersley
Hollis V. Claridge
Holloway v. Berkeley
Honeyman v. Marryatt
Hooper, Re
Howell V. Kightley .
Hudson V. Buck
Hussey v. Horne-Paync

James v. Whitbread

Kemble v. Farren
Kennedy v. Green
King V. Mullins

Lawrie v. Lees
Lechmere v. Brotlieridge
Lewis V. Brass .
liloyd V. Crispc

PAGE

139
55

38
117
49
44
53

148
16
77

356
76

117
35

177
40
86, 211
. 35

208

178

39
53
35

XVI

TABLE OF CASES.

PAGE

Long V. Collier

109

Eex V. Bedworth

Lows V. Telford

Eeynolds v. Bridge .

208

Eidgway v. Sneyd

■ V AVharton

Mason v. Corder

Eigley v. Daykin

Mattbison v. Clark .

Roberts •;;. Ball

Mellers v. Devoushire

Eossiter v. Miller

Mellor's Polic\% Kg .

139

Russell V. Plaice

Miles, Ee " .

177

S.
Sale V. Lambert

Mundy v. Asprey

Shell, Ex parte

. 129

Newton v. Sherry . . 17

7, 193

Sparks, Ee . . .
Stow V. Yea

. 77
. 356

Stranks v. St. John .

. 88

Sutton V. Eawlings .

. 77

Owen V. Crouch

Syers v. Syers .

. 129

Page V. Soper .

144

Taverner, Ex parte .

. 151

Palmer v. Goren

Taylor v. Evans

. 31

Peers v. Ceeley

Pett, Ee ....

/« TVTnf^/liZi

53, 155

177

Thomas v. Brown

. 18

Phillips, Ee . . .

Tullett r. Armstrong

. 141

/i^ "R »«i rl r*-/-.

. 371

Poole V. Adams

29,41

Pooley V. Driver

. 129

Warter v. Anderson .

. 178

Potter V. Duflfleld

. 18

Wellesley v. Withers . 1

64, 362

Pratt V. Vizard

. 76

Whatman i-. Gibson .

. 353

Pride v. Bubb .

. 53

Wheeler, Ee . . .

Whitbread v. Jordan

. 109

Wilkinson v. Grant .

. 76

Kadcliffe, Ee .

. 79

Williams v. Gleuton .

. 28

Eawstone v. Bentley .

. 86

Willis v. Brown

. 45

Eayner v. Preston

.29, 41

Wilton V. Dunn

. 85

THE

PRACTICE OF CONVEYANCING.

CHAPTER I.

AGREEMENTS.

Introductory. — Agreements, on account of their
informal nature, are commonly regarded as instru-
ments of such UTiiform simplicity that the preparation
of them may safely be ventured on by the most
unskilful, irrespective of the difficulty of their subject
matter.

The l^est known fact with regard to them is, that
— like wills — they require no set form of words for
their validity. The knowledge of this fact, combined
with an over eager desire to save expense in the first
instance, and an undue estimate of his own legal
knowledge (for almost every one imagines he knows
something about law), often tempts an unwary lay-
man to become his own draftsman, probably to his
future regret ; for it may safely be affirmed that, of
all instruments known to the law, none are produc-
tive of so vast an amount of needless litigation as
agreements and wills, owing to the careless way in
which they are framed by unlearned persons. This

A AGEEEMENTS.

caution cannot appear too early in a treatise like the
present.

Because a document is unteclinical in form, it must
not therefore be assumed that the preparation of it
is, by any means, independent of technical knowledge
and professional skill. An agreement is the basis of
all future operations, and when signed cannot be
departed from without the consent of all parties ; a
consent which can seldom be obtained. If well
drawn, it should anticipate the numerous questions
which may arise in carrying it into effect, and pro-
vide for the various events which may happen.
Nothing indicates professional knowledge and ability
better than a well drawn agreement.

It must not be too readily inferred from what is
before stated, that an agreement, when signed, can
be departed from, even with the consent of all parties
to it ; for it may happen that, after signing it_, some
of them may die, leaving persons who are not sui
juris ; this therefore should be always borne in mind
in the preparation or perusal of an agreement. If
the framer of the document perform his task skilfully,
none of the parties will be able to withdraw from it
without the consent of the others ; he will also have
the satisfaction of giving effect to his client's inten-
tions ; and whatever turn the matter afterwards
may take, he can always refer to the agreement as
a land mark in enforcing or defending the rights of
his client.

Instructions. — On receiving instructions for an
agreement, or any other legal document, it is an
excellent plan for a solicitor to write out the instruc-

INSTRUCTIONS. 3

tious in the presence of, and get them signed by, his
client or cKents.

It is better to have a written agreement even when
the same solicitor acts for both parties ; indeed a
written agreement should never be dispensed with,
for it saves many difficulties that might otherwise
arise during the progress of the business, and experi-
ence proves that these difficulties arise even where
both parties are desirous of carrying out what they
consider the understanding originally come to.
Seldom is it that persons having opposite interests,
however honestly disposed, will not difi*er as to the
meaning or eff'ect of a prior verbal arrangement.
When acting on behalf of both parties, in cases of
little magnitude or importance, especially in trans-
actions which will be carried out by means of some
subsequent formal instrument — e.g., a conveyance,
lease, or partnership deed — the instructions signed
by all parties will often constitute a sufficient written
agreement. Should any doubt afterwards arise as to
what was agreed upon, it will then be set at rest by
referring to the instructions, which bear the signatures
of the parties.

But in almost all cases where the parties employ
separate solicitors, as well as in important cases
where the same solicitor acts for all, it is necessary
to have a formal and carefully drawn agreement.
This is especially the case in transactions where the
agreement is the only document which will be re-
quired, e.g., agreements for personal service, for the
use of a patented invention, or for the compromise of
disputed claims.

It may, here, be advisable to mention that with

u 2

4 AGREEMENTS.

respect to an equitable interest in property, an agree-
ment alone is sufficient to transfer it from the seller
to the purchaser ; for in equity a contract is equiva-
lent to a conveyance, according to the maxim that
equity regards as done that which is agreed to be
done, consequently after a contract for sale and pur-
chase has been signed, the purchaser is in equity the
owner of the estate, and the vendor is entitled to the
purcbase-money ; and even where the estate which
the vendor has contracted to sell is not equitable
merely but also legal, the High Court of Justice, in
the exercise of its equitable jurisdiction, carries out
the same principle by constituting the vendor a
trustee of the legal estate not yet conveyed for the
purchaser, and the purchaser a trustee of tlie urj])aid
purchase-money for the vendor, and should the pur-
chaser die, his heir or devisee will have the same
equitable interest in the property.

But even if the interest be merely equitable, and
therefore effectually transferred by agreement, it is
not usual to rely on the agreement alone ; and the
purchaser of an equitable interest may insist on
having it transferred by the same description of
assurance as is used in the transfer of a legal estate.
And this appears to be the proper course, inasmuch
as the agreement invariably contemplates the doing
of some further act by the parties ; and although as
matter of law it may be unnecessary that such act
should be done, yet it is safer to do it, as at some
future time questions and doubts may arise whether
or not it was done, besides leaving the matter in an
unsatisfactory state. It is therefore advisable to
have the agreement carried into effect in the usual

PREPARATION OF DRAFT. 5

way, by taking a transfer of the equitable interest in
the same manner as if it were a legal estate.

Preparation of Draft. — In cases where a formal
agreement is necessary the first question for a solici-
tor to decide is whether the matter is of sufficient
importance to justify him in laying instructions to
prepare tlie agreement before counsel. If this is not
the case, or if his client objects to the expense of
such a course, the solicitor will proceed to draft the
agreement himself.

In order to prepare an agreement, or any other
instrument, properly, the outline or skeleton should
be previously arranged in the mind of the draftsman,
so that he may have, to borrow a suggestive metaphor,
a bird's-eye view of the whole, and a clear and dis-
tinct conception of the relation of tlie various parts
to one another. Before commencing the draft he
will do well to transfer the mental idea to paper by
jotting down in a tabulated form the heads of the
draft in the order in which they will occur, so that
he may be at liberty to concentrate his whole atten-
tion upon each part in succession, without being
under the necessity of constantly reviewing the whole
scheme to perceive the relation of the clause in hand
to the rest of the draft. By adopting this course he
will save himself considerable trouble, and be more
likely to frame a creditable document. Except in
ordinary cases, such as contracts for sale and agree-
ments for tenancy, precedents of agreements are, as a
rule, of little service to the draftsman. Other agree-
ments are usually of so special a nature that he must
himself frame the necessary clauses, relying upon his

6 AGKEEMENTS.

precedents only so far as they suggest a style or
system of arrangement and conditions which should
be provided for.

The forms which are given in the precedents are
intended both as a guide to the manner of framing-
agreements generally and also as precedents for use
on any particular occasion, and from these there will
be little difficulty in preparing others.

The style of setting out the subject matter in
numbered paragraphs will be frequently found a
very convenient arrangement to adopt, especially in
intricate and involved cases, where clearness and
perspicuity are the main objects of the draftsman.

This plan possesses the additional advantage of
easy reference to particular clauses of the document
— a great facility in the course of correspondence —
and saves constant repetition in the commencement
of the various clauses of the instrument.

It is quite unnecessary to import into simple agree-
ments the language of covenants or agreements under
seal, a form notwithstanding of no unfrequent occur-
rence, for instance, " An agreement made and entered
into this, &c., between, &c., whereby the said A. B.
doth hereby for himself, his heirs, executors, and
administrators agree, &c.," always was mere verbiage
in simple agreements, as the heirs of a person could
not be bound by an instrument not under seal, and
executors and administrators are bound without being
named; but since the 32 & 33 Yict. c. 46, which
abolished the priority of payment formerly existing in
favour of specialty over simple contract debts, as from
the 1st of January, 1870, it has become mere verbiage
in covenants or agreements under seal as well.

PREPARATION OF DRAFT. 7

If A. B. agrees to do an act, and dies before the
act is done, his representatives, both real and per-
sonal, that is to say, his heirs as well as his execntors
or administrators, as the case may be, according to
whether he died testate or intestate, are bound to do
it or pay for it, to tlie extent of the assets they ac-
quire from the deceased, and that notwithstanding
they are not referred to in the instrument creating
the obligation ; the only exception to this rule is
where it is expressly stated that the obligation
shall not extend to the representatives of the person
bound.

Such a form as that mentioned above does no
credit to the framer of it, and it is to be hoped that
it may, before long, fall entirely into disuse. Words
and phrases that have no meaning should never be
introduced into legal documents ; for they only tend
to encumber the document, conceal the true meaning,
and answer no useful purpose. A good draftsman
inserts all that should be inserted with clearness and
brevity, and leaves nothing to be inferred that ought
to be expressed.

Where it is necessary to embrace several distinct
matters in the same agreement the most scientific
way is to exhaust one subject before commencing
another, and this will save much trouble in any sub-
sequent reference to the agreement. A very good
illustration of a special agreement is that embodied
in Form XII.,' and a solicitor will seldom be called
upon to prepare one of a more complicated nature.
In the agreement alluded to, it will be perceived that
three distinct and separate matters, all forming part

' Infra, ]). 205.

8 AGEEEMENTS.

of one transaction, liave to be carried out. This form
is given in order to show at a glance bow desirable it
is to make every branch of the agreement complete
in itself, and so avoid the necessity of continnal refer-
ences from one part to another.

In dealing with the interests of married women in
real estate which is not settled to their separate nse,
provision must be made in the agreement as to the
expense of acknowledging the conveyance if it be not
intended that the vendor is to do whatever may be
necessary at his own expense. It is not an un-
common practice in agreements for sale, for the
vendor to stipulate for a certain sum clear, in which
case his solicitor must take care to express the inten-
tion distinctly, otherwise the vendor may be called
upon to pay costs which he had intended to throw
upon the purchaser.

Completion. — In cases where tlie same solicitor is
concerned for all parties, he will, after drawing and
settling the agreement, have it engrossed, signed by
his clients, attested, and properly stamped.

In cases where he is not concerned for all parties,
he will, after drawing the agreement according to liis
client's instructions, make and forward a fair copy to
the solicitor on the other side for approval ; and, as
soon as tlie draft has been finally settled on behalf of
all parties, each solicitor will make one engrossment
for signature by his own client. After the engross-
ments are signed, the solicitors concerned will make
an appointment to exchange the parts signed by
their respective clients. Strictly, this ought to be
done at the office of the solicitor who prepared the

STAMPS. 9

draft, but this is seldom insisted on in practice. After
this there only remains to cany into effect the terms
of the contract according to tlie circumstances of the
case.

Stamps. — An agreement for a lease requires the
same stamp as a lease for the term and at the rent
agreed upon. An agreement under hand only (not
being an agreement for a lease) requires a Gd. stamp,
and not more than 14 days from the date of the
agreement are allowed for getting the stamp affixed.
If not done within that time it can only be subse-
quently stamped on payment of a penalty of £10.
An adhesive Gd. stamp may be used if it is affixed
before signature, and cancelled or obliterated by the
party who ^first signs the agreement. Should the
agreement be under seal, which must be the case
where a company is party to it, it will require a 10^?.
stamp. In this case the time allowed for stamping-
is the same as in the case of any ordinary deed, viz.,
two months ; or, if executed abroad within two months
from its arrival in England, on a statutory declaration
being made to that effect.

( 10 )

CHAPTER II.

SALES OP EEAL ESTATE.

Introductory. — In sales by private contract it often
happens that a vendor enters into a binding contract
for sale before consulting his solicitor. But a pru-
dent man will, usually, either consult his solicitor
before selling at all, or instruct him to prepare an
agreement to carry negotiations or a verbal contract
for sale into effect.

With regard to sales by public auction, it can
seldom, if ever, happen that the vendor does not con-
sult his solicitor in the first instance.

In each of the above cases the duties of the solicitor
will be somewhat different, and it will be convenient
to deal with each case separately.

Open Contract. — In cases where a client has
agreed to sell an estate without having obtained pro-
fessional assistance, it will generally be found that
he has signed what is termed " an open contract," the
meaning of which is, that he has made no stipulations
with the purchaser as to the title or evidence of title
which the latter may require, or in fact inserted any
conditions whatever in the contract. Both tact and
judgment are required in these cases, and some consi-
deration will be necessary before the abstract of title

OPEN CONTRACT. U

is furnished to the purchaser's solicitor. In such a
case the purchaser is entitled to a forty years' title if
the estate be one of ordinary freehold or copyhold
tenure ;^ but if it be land held under a grant from
the Crown, a reversionary interest, or leasehold pro-
perty, the abstract must shew the creation of the
estate or interest agreed to be sold. In one case ^ it
was held that a deed more than twenty years old
containino; a recital of the seisin in fee of the vendor
was a good root of title ; but it would not be advis-
able to act upon this decision. It must be borne in
mind that, under an " open contract," tlie purchaser
is not only entitled to have a safe holding title but
can require a strictly marketable one ; and although
to non-professional minds there may not appear any
difference between these descriptions of title, yet to a
professional man the difference is very great. A
person may have a safe holding title from having for
twelve years enjoyed property adversely against per-
sons not under disability; but this would not in
equity be considered a marketable title : the general
rule being, that a vendor must deduce a forty years'
title.

Under an open contract the purchaser can also
insist, and in most cases does insist, on having every
question on the title cleared up and every information
furnished at the expense of the vendor ; again, he
may require possession of the title deeds, or, if they
are not in the vendor's possession or relate to an
estate part of which the vendor retains, the purchaser
is entitled to attested copies, with a covenant for

1 37 & 38 Vict. c. 78, s. 1.

^ Bolton V. London School Board, 7 Ch. D. 7GG.

12 SALES OF REAL ESTATE.

pix)ductioii of the deeds. Tliis covenant is prepared
by and at tlie expense of tlie purchaser, but the ex-
pense of perusal and execution on behalf of and by
himself, and all necessary parties other than the
]Hirchaser, must be borne by the vendor/

Private Contract — Preliminary. — Incases where
a client consults his solicitor with reference to a pro-
posed sale, the first and most necessary step is to
examine liis title deeds carefully, in order to see
whether or not he can sell the estate, and if so, under
what conditions it will be safe to do so. It may
happen that he has obtained an indefeasible title
under the Act to facilitate the Proof of Title to and
the Conveyance of Real Estates,^ or the Land Transfer
Act, 1875,^ or that he has obtained a judicial declara-
tion of title under the Declaration of Title Act,
1862 ;* but these Acts having never been popular,
have been very little resorted to.

On the other hand, it may turn out that he is only
a tenant for life or in tail, without power of sale, or
is only entitled to an undivided share in the property
jointly ^vith other persons. In such cases the ques-
tion will arise whether a sale can be obtained under
the Settled Estates Act, 1877,' whether he can bar
the entail under the Fines and Recoveries Act,® or
whether it is advisable to take proceedings under the
Partition Acts, 1868 and 1876.^ Every solicitor

' 37 & 38 Vict. c. 78, s. 2 (5).

2 25 & 26 Vict. c. 53.

3 38 & 39 Vict. c. 87.
* 25 & 20 Vict. c. 67.

MO & 41 Vict. c. 18. See Greenwood's R. P. Stat. 171.

« 3 & 4 Will. 4, c. 74.

' 31 & 32 Vict. c. 40; 39 & 40 Vict. c. 17.

PRIVATE CONTRACT. 13

should know the main provisions of these Acts, as lie
may be suddenly requested to advise upon them ; and
should he not previously have read them, or have
only a very superficial knowledge of them, in all
probability he will forget their contents, and it may
be, their existence. At the most, he will have to
turn to the Acts in his client's presence, and fish out
an answer to his question in the best way he can ;
whereas if he had carefully read the Acts previously,
he would be able to turn to the very section required
at almost a moment's notice.

Private Coxtract — Preparation of Draft. —
Where a vendor has neither signed a binding con-
tract nor previously consulted his solicitor, he usually
instructs the latter to prepare a contract to carry
into effect the sale of property already verbally agreed
upon. Such contract is always drawn by the vendor's
solicitor, he generally having the title deeds in his
possession_, and knowing more about the title and the
property than the purchaser's solicitor does ; the
latter, in the majority of cases, understands very little
about the matter until after he has received the draft
contract.

In order to prepare the contract properly, it will
be necessary to make a note of the names and ad-
dresses of the vendor and purchaser, the description
of the property, the price to be paid, the time for
completing the purchase, whether any rights or
interests are to be reserved to the vendor, and any
otlier stipulations upon which the sale is to be made.

Then the deeds must be as carefully examined as
in the last case dealt with ; and, if time permits, an

14 SALES OF EEAL ESTATE.

abstract should be made at once, as it will be useful
in framing the contract, and will afterwards be re-
quired for delivery to the purchaser's solicitor. In
case there is not time to prepare an abstract, a care-
ful analysis of the deeds should be made. The prin-
cipal point here is to decide what shall be made the
root of title. If the abstract commences with a will,
the purchaser may require evidence of seisin by the
testator, unless precluded by special stipulation, or
unless a deed twenty years old contains a recital of
his seisin, and this may be difficult to produce. The
best deed to commence an abstract with is a mortgage,
as it is a safe presumption that the title was investi-
gated and approved on behalf of the mortgagee
before he advanced his money. If the abstract is
commenced with a document less than forty years
old, the contract must contain a stipulation to that
effect ; and it is often advisable to stipulate that re-
citals in deeds less than twenty years old shall be
evidence. But this will entirely depend on the state
of the title. Stipulations throwing certain costs on
the purchaser, and as to the other matters mentioned
in Form X,^ are usually also inserted.

Having prepared the draft contract, a fair copy
must be sent to the purchaser or his solicitor ; and
after he has perused it, and all debateable points
have been disposed of, each solicitor will have one
part fair copied, and get it signed by his client ; and
then, having compared both parts, one will be ex-
changed for the other. It is not necessary that both
parties should sign each part of the contract, it is
quite sufficient if each is signed by the opposite party.

1 Infra, \\ 200.

PUBLIC AUCTION. 15

Public Auction — Preliminary. — On receiving in-
structions to put property up for sale by public auction
the first question for consideration is whether or not
the owner can sell, and the second what auctioneer
should be employed. In some cases the vendor will
name the auctioneer, in others he will leave the
matter in his solicitor's hands, in which case it is as
well to bear in mind that, with respect to large
estates, an auctioneer of repute and standing is
likely to realize more than one less known to the
public. Having fixed upon the auctioneer he must
be seen and instructed upon the matter, and (if a
London auctioneer be employed) he will obtain all
necessary particulars, and in some cases insert a
preliminary advertisement that the property is in the
market. He will also prepare and forward to the
vendor's solicitor for perusal and settlement the
particulars of sale. If, however, the auctioneer is in
practice in the country, the solicitor will prepare the
particulars of sale, there being a difference in this
respect between town and country practice. In some
parts of the country the solicitor inserts the adver-
tisement, while in other parts this is done, as in
London, by the auctioneer.

Public Auction — Particulars. — It is not within
the scope of this work to point out what sliould
or should not be stated in the particulars or
conditions of sale, as so much depends upon the
title. I may, however, say that you cannot state
too plainly and distinctly in the particulars the
nature and tenure of the property and the bur-
dens thereon, and, in fact, everything that a man

IB SALES OF REAL ESTATE.

intending to purchase ought to he made acquainted
with.

In preparing or settling particulars of sale great
care should be exercised, as a misdescription may be
taken advantage of by an unwilling purchaser to
get rid of the contract, or obtain an abatement of
his purchase-money by way of compensation. For
instance, suppose property is described as being
held under a lease, when it is in fact held under a
sub-lease, a Court of Equity will not decree specific
performance ^ unless it can reasonably be inferred
from the particulars and conditions together that an
underlease only is intended to be sold.^ The same
rale applies where copyholds are described as free-
holds,^ and generally to cases where misdescription
induces a purchaser to enter into a contract he would
otherwise have avoided. It is usual to insert a con-
dition to the effect that any misdescription shall not
annul the sale ; but such a condition does not apply
to cases of material misdescription.

The law upon this subject generally is by no
means difficult to comprehend, and may be summed
up thus : If the particulars of sale fully and accu-
rately describe the property and the tenure, and the
vendor's interest therein, so that a person of ordinary
intelligence may not fail in discovering precisely
what is intended to be sold and conveyed, there
will be little fear of any objection being maintained.

Public Auction — Conditions. — In the conditions
of sale, equal clearness and distinctness are requisite

' Br inn fit v. Morton, S -Tur. (N. S.) 1193.

^ Camberwell Benefit Buildimj Society v. HoUowaij, lo Cli. D. Tyi.

^ Hart V. Sivaine, 7 Ch. D. 42.

PUBLIC AUCTION. 17

in stating upon what terms the property is to be
disposed of, and what the purchaser is, and what he
is not to be, at liberty to require.

Before attempting to settle either particulars or
conditions of sale, it would be advisable to read that
part of Dart's ' Vendors and Purchasers ' which
relates to this branch of the subject.^ Having care-
fully settled the particulars, the conditions of sale
must be drawn ; and in order to do this it will be
necessary to investigate the title carefully. If an
abstract has not already been made, it should now be
prepared. In simple cases an analysis of the deeds
will suffice, but as the abstract must be ready for
delivery to the purchaser shortly after the sale, it is
just as well to prepare it now. The remarks as to
commencement of abstract and other matters in the
case of a private contract will equally apply to
conditions of sale. The special conditions will give
most trouble, for the minor points in the title will
usually be covered by the general conditions used
on almost every sale.

Should the estate be a large one, or the title com-
plicated, it may be advisable to lay the abstract
before counsel, with instructions to prepare the con-
ditions of sale ; as in many cases it will be by far the
best, and in the end the least expensive course, to
give a fee to counsel to settle the conditions, it being
next to impossible for any one in a solicitor's office,
even if he felt that he possessed the requisite know-
ledire, ensrao-ed in various matters of business and
liable to frequent interruptions, to bestow the amount
of care and attention required in settling conditions

' 5tli ed. cap. iv.

18 SALES OF REAL ESTATE.

for the sale of a large estate, with a complicated and
difficult title.

Care should be taken to see that the name, or
some unmistakeable description of the vendor, is
stated either in the conditions or in the printed form
of contract at the end ; or he may find it impossible
to enforce specific performance/

Having settled the particulars and conditions of
sale, the next step is to make a fair copy thereof, and
either forward it to the auctioneers to be printed, or
send it direct to the printers. When the proof is
obtained, it must be carefully examined in order to
see that it is correct, and altered where necessary.
and then returned to the auctioneer, or the printer.
Having obtained a sufficient number of copies, the
auctioneer will forward some to the various inns and
other places for distribution ; he will also prepare
and have bills posted in the neighbourhood of the
property.

It was formerly not the practice for country
solicitors to have the conditions of sale printed and
annexed to the particulars; the latter only being
printed and distributed, and the conditions written
out and read at the sale, as many copies being made
as there were lots to be sold. But printing is now
so cheap that this old practice is fast dying out, and
it is usual, except in the case of a small country
property with a very simple title, to have both par-
ticulars and conditions printed, in order that an in-
tending purchaser may know not only what is about
to be sold, but also the conditions upon which he is

^ Sale V. Lambert, L. R. 18 Eq. 1 ; I'otta' v. Dv.ffield, L, R. 18 Eq. 4 ;
Thomas v. Brown, 1 Q. B. D. 714 ; Eosslter v. Miller, 3 Ap. Cas. Illi4.

PUBLIC AUCTION. 10

to purchase, without hearing such conditions read for
the first time among the noise and confusion of the
sale room. In some cases a sale is advertised subject
to the common form general conditions of the local
Law Society, and it is then only necessary to print,
or otherwise pubhsh, the special conditions.

Where a large estate, or several fields or closes of
land, are intended to be sold, it is advisable to annex
a plan to the particulars of sale, in order that the
situation of the property and its advantages may be
seen at a glance. And if an attractive-looking
residence is on the land, it may also be advisable to
have a lithographed drawing or photograph of it
attached to the particulars. The auctioneer usually
prepares the plan and sends it to the solicitor with
the draft particulars of sale.

Public Auction — Sale. — The day of sale having
arrived, the vendor's solicitor will proceed to the place
of sale to answer any question that may be put, either
as to the property, the conditions, or otherwise. The
auctioneer will get through this part of the business,
and the solicitor will seldom be called on to interfere,
but an intending purchaser will sometimes ask ques-
tions about the title, and the solicitor must then be
guided by the circumstances of the case as to the
course of proceeding ; if he gives an answer to any
question, it should be given readily and candidly, as
it is far better not to give an answer at all than to
answer in a manner calculated to shew that the
object is to conceal as much as possible ; and if lease-
holds are being sold, a copy of the lease should be at
hand ready for production.

c 2

20 SALES OF EEAL ESTATE.

Should the property be purchased, the auctioneer
will see that the purchase contract at the end of the
conditions is signed by the purchaser ; and, if in
London, he will also receive the deposit. In country
sales the deposit is generally received by the vendor's
solicitor, and not by the auctioneer. It may save
trouble and delay if the purchaser is now asked for
the name of his solicitor, in order that the abstract
may be sent to him at once ; but as in the hurry of
the sale this may be forgotten, it will be found useful
to put at the foot of the purchase contract these or

similar words — " Abstract to be sent to ;" in

which case the auctioneer or solicitor, as the case may
be, in obtaining the purchaser's signature to the con-
tract, will make the necessary inquiry of him.

Abstract op Title. — The sale, whether by public
auction or private contract, having progressed thus
far, the abstract of title, if not already prepared, must
now be prepared, and in any case a fair copy must
be forwarded to the solicitor named by the purchaser,
or, if he has not named a solicitor, to the purchaser
himself, at his address in the purchase contract ; and,
unless the abstract is delivered by a clerk or mes-
senger, an acknowledgment of its receipt should be
requested, in order to know with greater certainty
the time within which the purchaser, according to
the conditions of sale, will be bound to forward his
requisitions on the title. After the receipt of the
abstract, the purchaser's solicitor will make an ap-
pointment for comparing it with the title deeds ; this
will be done at the office of the vendor's solicitor if
the deeds are there, but if they are not (which will

ABSTRACT OF TITLE. 21

be the case if the vendor is a mortgagor or cestui que
trust), they must be examined at the jjlace where they
may happen to be. Unless, however, bound by the
conditions of sale, a piircliaser cannot be compelled
to incur the expense of his solicitor running about
the country from place to place to compare the deeds
with the abstract, as he is justified in presuming
that the deeds will be found at the office of the
vendor's solicitor, or, at all events, within a reason-
able distance therefrom, and this should always be
borne in mind on preparing conditions of sale in
<3ases where the title deeds are not in the vendor's
possession.

On comparing the abstract of title with the deeds,
it is the practice, in London, for the purchaser's
solicitor to take with him a clerk to read the abstract,
while the practice in many parts of the country is for
a clerk in the office of the vendor's solicitor to read
the abstract, unless the offices of the vendor's and
purchaser's solicitors are in the same town, in which
case the purchaser's solicitor sometimes takes a clerk
with him. As the vendor's solicitor charges a fee of
6.S. 8c7. per hour, it would not be unreasonable if it
were the rule, even in London, for him to find a
clerk to read the abstract. The vendor's solicitor
will have the deeds ready at the time appointed, and
should, if practicable, be at hand himself in case any
inquiry should arise on any part of the title.

Replies to Requisitions. — The abstract, having
been compared with the deeds, will be perused by
the purchaser's solicitor, who will then send the
requisitions (if any) on the title, which if forwarded

22 SALES OF REAL ESTATE.

within the time limited by the conditions, must be
answered ; and in preparing the answers the vendor's
solicitor will be guided by the conditions of sale. In
some cases it may be necessary to lay the requisitions,
with a copy of the abstract, before counsel ; but this
can only arise in cases where the title is complicated.
It may be useful to mention that the usual and most
convenient plan is to copy the requisitions on brief
paper, half margin, and to write the answers oppo-
site to the requisitions, and then to make a copy of
the whole and forward it to the purchaser's solicitor.
A great mistake is often made by the vendor's soli-
citor in answering requisitions, which puts the pur-
chaser's solicitor to much trouble, e.g., the purchaser's
solicitor asks for particulars of the birth, marriage, or
burial of a certain person. The vendor's solicitor
turns to the conditions of sale, and discovers that all
certificates are to be obtained by and at the expense
of the purchaser, and then proceeds simply to refer
him to the conditions. Now this is not such an
answer as the purchaser has a right to demand ; for,
in the first place, the certificate should have been set
out in the abstract, as it is quite as much a matter of
title as any of the proceedings shewn on the abstract,
and in well-drawn abstracts this is done ; and, in the
next place, although the purchaser is to obtain the
certificate and pay for it, he is entitled to call upon
the vendor for information as to where it may be
obtained, in order that he may procure it himself.
This mode of answering requisitions is frequently a
source of much trouble to a purchaser's solicitor, and
is certainly not courteous conduct on the part of the
vendor's solicitor.

REPLIES TO REQUISITIONS. 23

In many cases the conveyance will now be pre-
pared, but others may arise in which some difficulties
will first have to be surmounted, for instance, the
purchaser's solicitor may insist upon being furnished
with abstracts of documents referred to in the ab-
stract of title, but not abstracted in chief, or may
require the title to be carried further back, or on
certain requisitions being answered or more satisfac-
torily answered ; or he may insist on other covenants
being entered into than those he can require, or
object to pay any interest on the purchase-money at
the time of completing the purchase.

The course of proceeding in any of these cases will
be guided by the circumstances of each particular
case. The conditions of sale or contract (if any)
should be carefully perused in order to see if the
purchaser can insist upon his demands; but if the
sale has been made by private contract, without any
condition as to title, it will be advisable to take the
opinion of a conveyancer on the matter. This course,
however, will only be necessary where the vendor's
solicitor is doubtful as to the purchaser's right ; but
in such a case it ought to be resorted to, as the delay
and expense that will be occasioned by a long corre-
spondence will be more unpalatable to the vendor
than the fee to counsel for his advice.

Sometimes questions are raised through ignorance
or forgetfulness of the provisions of Lord Cran worth's
Act,^ the Trustee Act, 1850,^ and the Vendor and
Purchaser Act, 1874.^ It should be remembered that

' 23 & 2-i Vict. c. 145.

'^ 13 & 14 Vict. c. 60. See also the Extension Act, 15 & IG Vict. c. 55.

=» 37 k 38 Vict. c. 78.

24 SALES OF EEAL ESTATE.

§§ 11-16 of Lord Cranworth's Act confer powers of
sale with ancillary powers on mortgagees of real
estate, although there may be no power in the mort-
gage ; § 27 gives power in certain cases to appoint
new trustees, and s. 29 empowers trustees to give
valid receipts.

Under the Trustee Acts, 1850 and 1852,^ an out-
standing legal estate may be vested in a new trustee,
or an order made vesting it in the vendor or pur-
chaser at a comparatively small expense, and, what
is still better, in a reasonably short space of time.
It will be well however to refer to ' Shelford's Real
Property Statutes,' ' Morgan's Chancery Acts,' and
' Grreenwood's Recent Real Property Statutes.'

Draft Conveyance. — The requisitions having
been disposed of, the vendor's solicitor will receive
from the purchaser's solicitor the draft conveyance
for approval. This he will peruse on behalf of the
parties for whom he is concerned, and should there
be any for whom he is not acting, he will forward
the draft to their respective solicitors for approval.
After it has been approved on behalf of all parties,
he will return it to the purchaser's solicitor ; but,
however great the number of solicitors concerned,
the vendor's solicitor is the medium of communication
between them all.

In perusing the draft on behalf of a vendor it is
necessary to see that all recitals of documents and
statements of facts are correct, that the vendor is not
parting with any more of his property or any greater
interest therein than he has contracted for ; that the

1 13 & 14 Vict. c. 60 ; 15 & 16 Vict. c. 55.

DRAFT CONVEYANCE. 25

parcels are accurately described, that any reserva-
tions intended to be inserted on his behalf are
correctly inserted ; that any liabilities which the
purchaser is to take upon himself are set out in the
draft, and that the vendor does not enter into
covenants of a more extensive character than he can
be required to do. It will be contrary to professional
usage to alter the form of any recitals or statements
in the draft, provided they are correct in substance,
as the purchaser's solicitor may prepare his draft in
any form he pleases, if the form he uses does not
prejudice the vendor ; and should he think proper to
make the draft unnecessarily long, no other party is
justified in reducing it, in order that it may be in
accordance with the forms generally used by him or
his own notions of conveyancing.

The covenants usually entered into by a vendor
are the following : —

If the beneficial owner of the estate, and havins"
the legal fee vested in himself, he covenants that
(notwithstanding any act by him, &c.) he has good
right to convey for quiet enjoyment free from in-
cumbrances, and for further assurance, at the cost of
the purchaser.

If the equitable owner of the estate, or beneficially
interested in the purchase- money, his covenants ex-
tend to the acts of those in whom the legal estate
is vested.

These covenants are entered into where the vendor
has himself purchased the property (I use the word
purchased in its common acceptation), but should he
take the estate as heir-at-law or under a settlement,
whether voluntary or otherwise, or a will, his

2G • SALES OF REAL ESTATE.

covenants extend to tlie acts of liis ancestor or the
person making the will or settlement, as the case
may be.

All these covenants are more or less qualified, and
therein contra-distinguished from covenants for title
given by a mortgagor, which are absolute.

Whatever may be the nature of the contract, the
vendor cannot be required, if a trustee or mortgagee,
to enter into any covenant other than that he has
not done any act to incumber ; but it sometimes
happens that a trustee under a will or settlement,
with power to sell, enters into a contract to sell the
estate, and on examining the will or settlement it is
found not to contain the usual clause making the
trustee's receipt a good discharge to purchasers, and
it may be one of those cases where a Court of Equity
would not consider that the testator or settlor must
of necessity have intended his trustee to have the
power of giving receipts. In such a case, unless it
falls within sect. 29 of Lord Cran worth's Act,^ the
person entitled to the produce of the estate is re-
quired to join in the conveyance, and enter into
covenants for title, which extend not only to the acts
of himself, but also to the acts of his testator and
trustee. Where trustees sell under conditions of
sale, a clause is often inserted providing for this
difficulty, by stating that the parties beneficially
entitled to the estate shall not be required to join in
the conveyance.

Completion. — The draft being finally approved
by all the solicitors concerned, and returned to the

^ 23 & 24 Vict. c. U5.

COMPLETION. 27

purchaser's solicitor, will be engrossed by him and
forwarded with the engrossment to the vendor's
solicitor for examination ; and after he has compared
it with his own copy of the draft, he will send the
draft and engrossment to the other solicitors (if any)
who have approved it, in order that it may be
examined by them ; and this will be a convenient
time for getting the deed executed by those (if any)
who are merely consenting or nominal parties to it,
as the solicitors who have approved the draft on
behalf of such parties will readily get the deed
executed while in their hands. After the engross-
ment has been examined, it will be returned to and
kept by the vendor's solicitor until an appointment
is made for the completion of the business. This
appointment is usually made by the purchaser's
solicitor, but the completion of a purchase always
takes place at the office of the vendor's solicitor,
unless the property be in mortgage, in which case
the completion will be at the office of the mortgagee's
solicitor, the rule being that " the money follows the
deeds." On receiving an appointment, the vendor's
solicitor must arrange for the attendance of such of
the parties interested as have not previously executed
the deed. Respecting the completion, the chief
points necessary to call attention to are — to have the
interest (if any payable) calculated, deducting the
income tax in all cases except on a sale under the
direction of the High Court of Justice, in which case
the income tax is never deducted, but the purchaser
may apply for the deduction when the money is paid
out of court.^

' Bebb V. Bunny, 1 Kay & J. 210.

28 SALES OF EEAL ESTATE.

Completion — Interest. — If it should happen that
no time is named for completion, then the purchaser
is in equity entitled to the rents and profits from the
date of the contract, as that is a complete conversion
in equity, and the vendor is entitled to interest on
the purchase-money at the rate specified in the con-
tract or conditions, or if no rate is sj)ecified, at 4Z. per
cent, per annum from the same date until comple-
tion. If a time be fixed for completion and the
purchase is not then completed, the purchaser takes
the rents and profits from that time, paying the
vendor interest on the purchase-money, unless the
delay in the completion has arisen on the part of
the vendor, and the purchase-money has been lying
idle with notice to the vendor of that fact.

The most difficult question to deal with is that
relating to interest on the purchase-money ; the
solicitors of the vendor and purchaser can seldom
agree as to which of them may have caused the
delay in the completion of the matter. The cases on
the subject are somewhat contradictory and do not
lay down any clear rule by which to act. It appears,
however, that where the conditions of sale state
that interest shall be paid, if " from any cause
whatever" the purchase is not completed by a certain
day, the purchaser must make out a strong case in
order to succeed in his objection to pay interest, and
must shew that considerable delay has been caused
by gross negligence, vexatious conduct, or bad faith
on the part of the vendor or his solicitor.^ If any

^ Bannerman v. Clarh, 3 Drew. 362 ; 26 L. J. Ch. 77 ; De Visme v.
De Visme, 1 Mac. & G. 336 ; 1 Hall & T. 408 ; Williams v. Olenton,
L, K. 1 Ch. 200.

COMPLETION. 29

part of the jDroperty is in mortgage proper notice
must be given to the mortgagee, or, on a delay in
completing, the vendor may be liable to a further
payment.

Completion — Generally. — The deeds, if to be
given up to the purchaser, are put in order according
to date, so that his solicitor may easily check them
with the abstract; and should the sale of the pro-
perty have been by public auction and a deposit
paid to the auctioneer, a written authority will also
be taken from the purchaser or his solicitor to the
auctioneer, to hand over the deposit to the vendor or
his solicitor. Many solicitors require the purchaser
or his solicitor to sign a schedule of the deeds handed
over to him.

If the property contracted to be sold should be
burnt down pending completion (it having been
insured by the vendor), the purchaser is not entitled
to the benefit of the insurance in the absence of an
express stipulation to that effect in the contract.^

If the vendor is a lessee or assignee holding under
a lease, which contains a covenant not to assign with-
out the lessors consent, it is incumbent on him and
not on the purchaser to obtain the lessor's licence,
unless otherwise expressed in the contract.^

While on this point attention should be called to
the 6th section of Lord St. Leonards' Act, 1860,^
which enacts, that the waiver of the benefit of any

1 Foole V, Adams, 12 W. R. 683 ; 33 L. J. (Ch.) 639 ; Uayner v. Preston,
li Ch. D. 297.
^ Lloyd V. Crispe, 5 Tauat. 249 ; Mason v. Corder, 7 Tauut. 9.
3 23 & 24 Vict. c. 38.

30 SALE« OF REAL ESTATE.

covenant by a lessor shall be good for that turn
only, and not be considered a general waiver.

Where a railway company takes land under the
compulsory powers of the Lands Clauses Consolida-
tion Act, 1845, the whole of the vendor's costs are
thrown upon the company by § 82 of -that Act,
and also the cost of investing the purchase-money
when paid into Court, as in the case of parties
incapacitated to convey. It sometimes happens that
the vendor dies before the conveyance to the com-
pany is executed, leaving an infant heir ; in this case
the company is not bound to pay the costs of getting
the estate out of the infant.

Before leaving this chapter, it may be well to call
attention to a species of document which is at the
same time a conveyance and mortgage. I allude to
the purchase of a coal-mine, where the consideration
money is payable by instalments, and powers of dis-
tress and entry are given to secure payment of the
instalments. This is very common in some parts of
the country.

The practice is, for the vendor's solicitor to prepare
this document, and for his charges to be paid by the
purchaser, except of course such charges as relate to
the abstract and proving the title, which are borne
by the vendor in the usual manner. Many practi-
tioners considered that the powers of distress and
entry given to secure payment of the instalments,
took away from the instalments their character of
unpaid purchase-money, and made them a species of
rent, and therefore, like rent, subject to income tax.
But it has now been decided that income tax cannot
be deducted from tlie instalments, that, in fact, the

COMPLETION. 3 1

instalments are unpaid lourchase-money and not rent/
and the same practice appears to prevail with regard
to repayments of mortgages to Building Societies.

' Taylor v. Evans, 25 L. J., Exch. 269 ; Foley v, Fletcher, 28 L. J.,
Exch. 100.

32 PUKCHASES OF EEAL ESTATE.

CHAPTER III.

• PURCHASES OF EEAL ESTATE.

Inteoductory. — When a solicitor is professionally
concerned for a purchaser, it is usually in one of the
following cases : — A client will have hought property
at a sale hy auction, and will hring the conditions of
sale and purchase contract to his solicitor ; or he may
bring the conditions of an intended sale and ask for
advice on tlie title to the property or to a particular
lot, or he may have entered into " an open contract :"
or may inform his solicitor that he has been treating
for the purchase of an estate, and instruct him to
peruse the draft contract on his behalf; or lastly he
may have entered into a contract by letters, or even
by telegram. It may be convenient to mention here
that two persons often correspond as to the sale and
purchase of an estate, and although the correspond-
ence may apparently be sufficient to form a complete
contract, it may happen that either the vendor or
purchaser in the last letter has referred to a formal
contract to be prepared by his solicitor, or the expres-
sions used by him may point to an intention that a
more formal contract shall be entered into. In such
a case there is abundant authority to shev/ that the
letters cannot be considered as forming in themselves
a perfect and binding contract, inasmuch as the parties,

OPEN CONTRACT. 33

or at least one of them, contemplated the terms being-
embodied in a formal manner, and his intention must
be carried into effect.

In each of the cases above mentioned the course of
proceeding will be different, and it will be conve-
nient, as in the chapter on Sales, to deal with them
separately.

Open Coxtr^ct.— If a client has entered into an
open contract for the purchase of an estate, his
solicitor's duty is to apply to the vendor's solicitor
for an abstract of title, and after obtaining it to
be careful in seeing that a marketable title is fur-
nished, bearing in mind the distinction that exists
between a marketable and a safe holding title.'
Under an open contract, the expense of everything
the purchaser may be entitled to must be borne by
the vendor. It is hardly necessary to observe that
an open contract is the most advantageous one a
purchaser can enter into, and the most disadvan-
tageous to the vendor, the whole expense of proving
the title having to be borne by the latter. As to
what title should be shewn under such a contract,
and as to what evidence is necessary to support it,
reference should be made to Dart' and to the Vendor
and Purchaser Act, 1874.^

Private QownikCT— Generally.— \^q will now
suppose that a client informs his solicitor that he has
verbally agreed to purchase an estate, and that he

^ See p. 11, supra,

^ V, & P. 5th ed. cap. 8.

* 37 & 38 Vict. 0. 78 ; Greeiiwood'.s Recent R. P. Sfaf. y\). 109-lir).

34 PURCHASES OF REAL ESTATE.

wishes him to do what is needful ; in such a case the
soh'citor should write to the vendor asking him to
instruct his solicitor to send the draft of the proposed
contract for perusal on behalf of the purchaser ; as
before stated, it is the practice of the vendor's solicitor
to prepare the contract, he being of course acquainted
with the title and the stipulations necessary to protect
his client. When the draft is received the purchaser's
solicitor should go through it with his client, in order
to see that the amount of purchase-money, the situa-
tion and extent of the property, the burdens upon it,
and the time of completion are correctly described,
as these matters are for the client's consideration.
The solicitor's duty is to advise him as to the nature
and effect of the clauses in the draft. In many in-
stances these clauses will be similar to those in ordi-
nary conditions of sale, but this is unfair to the
purchaser, as there is a material difference between
purchasing an estate at an auction and purchasing
one by private contract : in the former case a pur-
chaser knows the terms under which he is buying,
and is sometimes content to purchase even under
stringent conditions, either in the hope that he may
make a good bargain, or because he has taken a fancy
to the property ; but in the latter case there is no
chance of getting a bargain, the terms as to price
being agreed upon between the vendor and purchaser
with their eyes open, and as generally the latter is
compelled to give the full market value of the pro-
perty he has a perfect right to require a marketable
title to be shewn at the vendor's expense ; in other
words, as the vendor gets the value of the property,
he ought not to be allowed to throw upon the purchaser

PRIVATE CONTRACT. 35

any part of the expense of deducing a good title. In
tliis ca&e, however, as in many others, some tact is
often required : the vendor may be an over-reaching
man and the purchaser may not, but, on the contrary,
he may be so desirous of becoming the purchaser of
the property that he may not feel disposed to pay
much attention to what he may consider technical
objections to the contract. Under such circumstances
the solicitor should lay before his client (in writing
if practicable) the consequences of iiis entering into
such a contract, and explain to him fully the meaning
of the clauses in it. If he elects, notwithstanding all
advice, to i;ecome the purcliaser on such terms, he is
at perfect liberty to do so ; he runs the risk and
incurs the expense ; the soHcitor will liave performed
his duty, and the matter will proceed.

The two previous chapters contain full information
with respect to the preparation and completion of the
contract.

It should, however, be mentioned, that until the
contract is reduced into writing and signed neither
party is bound.'

Private Contract. — Contract hy Letters. — Should
a client inform his solicitor that he has entered
into a contract by means of letters, it will be neces-
sary to attentively peruse the correspondence in order
to see whether a contract has been entered into, or
whether a more formal contract be pointed to.^

^ Dickinson v. Dodds, 2 Ch. D. 463.

2 Eoneyman v. Marryatt, 21 Beav. 14 ; 2G L. J. (Ch.) 619, & 6 H. L. C.
112 ; Ridgway v. Wharton, 6 H. L. C. 261 ; Crossly v. Maycock, L. R. 18
Eq. 180 ; Htcssey v. Home Payne, 4 Ap. Ca 311 ; Bonnewell v. Jenkins,
8 Ch, I). 229 ; Lewis v. Brass, 3 Q. B. D. 667.

D 2

36 PURCHASES OF REAL ESTATE.

On being satisfied that the letters form a contract
they must be carefully read to ascertain what condi-
tions are inserted in the correspondence as to title or
evidence of title and completion. It is scarcely neces-
sary to say that a contract by means of letters requires
two things ; namely, an offer and an acceptance. If
an offer is clogged with a particular condition, and
an answer is returned accepting the offer but reject-
ing the condition, that alone will not form a contract ;
or if an offer be made and an answer is returned
accepting the offer, under certain conditions, that
alone is not a contract, although in both cases it
would be if a third letter was sent simply accepting
the last preceding offer. ^

Public Auction. — Conditions of Sale. — It often
happens that a client brings to his solicitor the condi-
tions of an intended sale, in order to be advised
thereon ; that is, he wishes to know whether he may
safely purchase under them. In such case, the soli-
citor's duty will be similar to that above pointed
out, with this difference, that in the one case his
client will have bound himself by entering into
the contract, and in the other he will not. It will
be necessary to look carefully over the conditions ;
and although the client will probably stop while this
is being done, it is most important that the solicitor
should not " lose his head." It is a very common
practice in such cases for young men to glance slightly
over the conditions and hand them to the purchaser,
saying, " They appear all right," or using some

^ Hudson V. Buck, 7 Ch. D. 683 ; see also Mundij v. Asprey, 13 Cli. U.
855.

PUBLIC AUCTION. 37

similar expression ; the fact being that, owing- to
their cHent's presence, or their own inabihty to dis-
cover what is really intended to be met by the con-
ditions, they will not have given the matter the
consideration it deserves. Another very common
practice on the part of a young professional man is
to strive to obtain a reputation for superior quickness
and penetration, and although these qualities are
very excellent, the reputation of possessing them
ought not to be obtained at the expense of a client ;
for, however quick in perception a young solicitor
may be, he will find that many conditions of sale
used at the present day require all the consideration
he can give them before he is able to form a correct
opinion as to their meaning. Suppose, for instance,
that his client, relying on his representation that he
can demand a fair title under the conditions of sale,
becomes a purchaser, and a defect afterwards appears
which has been successfully guarded against by the
conditions, and which a man of fair experience ought
to have foreseen. His adviser may be placed in a
very awkward position, and at the least lose his
client, in addition to which he may have to compen-
sate him for his loss. It is far better, in such a case
if, from the general tendency of the conditions, it
appears that some defect in the title is attempted to
be covered, to inform the client thereof at once, and
if, notwithstanding, he still desire to purchase, to
offer to accompany him to the place of sale, and when
there put such questions to the auctioneer or the
vendor's solicitor with respect to the particular objec-
tion as may seem advisable. From the answers given
(although they, of course, will not vary the terms of

38 PURCHASES OF REAL ESTATE.

the conditions), it will probably be easy to advise
the intending purchaser what course he had better
adopt ; and should he in such case be a trustee, the
proper course will be to advise him at once not to
purchase, unless the ambiguous condition is struck
out or modified.

Should a client have already purchased property
at an auction, and bring the conditions of sale and
purchase contract to his solicitor, the course to be
taken by the latter will be very simple. He will, in
the first place, write to the vendor's solicitor for an
abstract of the title, and in the meantime diligently
peruse the conditions of sale, in order to ascertain
what title the purchaser may require, and what
restrictions as to title are imposed on him. It may
turn out that a serious defect in the title is attempted
to be covered by a loose condition, framed in such a
manner that a non -professional man on reading it
would be thrown off his guard, but yet apparently of
sufficient stringency to cover the defect ; in this case
it is necessary to consider whether the condition is so
framed that, by reading it, a man of ordinary intel-
ligence may discover what is intended to be guarded
against. If it is so framed, the purchaser will be
bound by it, whatever may be its effect ,• if, on the
contrary, it is framed in an obscure manner, and
with an evident intention to mislead a purchaser, or
is so loosely framed that the meaning of it cannot be
easily understood, a Court of Equity would i)robably
refuse to decree specific performance.^ It may be
convenient here to allude to the clause now generally

' Gardner v. Tate, Ir. R. 10 C. L. 460; Best v, Ilamand, 12 Ch. U. 1 ;
jRe Bannist-r, Broad v. Munton, 12 Ch. D. 131.

PUBLIC AUCTION. 39

inserted in conditions of sale of leasehold property,
namely, that the last receipt for rent shall be con-
clusive evidence of all the covenants in the lease
having been performed up to the completion of the
purchase. This condition properly applied is a very
useful one in practice for both vendor and purchaser,
inasmuch as if such a condition were not inserted, it
would be the duty of the purchaser's solicitor to
make minute inquiries as to whether all the cove-
nants in the lease had been duly observed and j)er-
forraed, and to take advantage of a breach of covenant,
however unimportant it might be ; a difficulty that
could only be got over by a waiver of the breach by
the lesso]'. On the other hand, the condition is
sometimes unfairly extended, and it may sometimes
have the effect of compelling a purchaser to take a
title that may be worth nothing ; in fact, no title at
all, owing to a prior continuing breach of covenant,
not relievable in equity, having been conmiitted by
the vendor.^

The covenant to insure is that most frequently
found to have been broken, and when this is the
case, and the breach must have been known to the
vendor at the time of sale, it will be the safer plan,
notwithstanding the conditions, to insist on his obtain-
ing a waiver from the lessor. This is now an easy
matter, as under § 1 of Lord St. Leonards' Act^ a
lessor may waiv^e yuch a breach, without prejudice to
his right to take advantage of a future breach. § 8
of the same Act protects a purchaser of leaseholds
from any liabihty in respect of any prior breach ot
which he has no notice, if there be a proper policy

1 »ce Lawrie v. Lccs, 14 Cli. D. L'19. ^ 2'J. & li3 Vict, c 35.

40 PUECHASES OF REAL ESTATE.

in existence at the time of purchase ; and under
§§ 4-7 of the same Act a Court of Equity will, in
some cases, relieve against a forfeiture. Where,
however, such relief has already been once granted
and a new breach which the lessor refuses to waive
has been committed, it is safer to rescind the con-
tract, as it is doubtful if a Court of Equity would,
under such circumstances, compel a purchaser to
carry it into effect.^ In many instances a purchaser,
whatever may be the state of the title, is so eager to
become the owner of the property, that he will pay
but slight attention to any caution that may be given
him. If such a case arises, his solicitor should take
care to have some letter or writing, shewing that he
brought the objection to his notice, and that, with a
full knowledge of the effect of it, he thought lit to
waive it.

Before leaving this branch of the subject, it may
be as well to mention that the difficulty experienced
by a vendor in selling, after a prior breach of covenant
is attempted to be got over by inserting in the con-
ditions the words " notwithstanding a prior breach
of covenant may be shewn :" and as words such as
these are calculated to put the purchaser on inquiry,
no doubt a Court of Equity would decree specific
performance, on the principle that if a man will be
so blind or wilful as to purchase property under
damaging conditions of sale, it is no part of the duty
of a Court of Equity to help him.

It will be sufficient here to draw attention to the
importance of carefully weighing the effect of the

' Howell V. Kightley, 21 Beav, 331. ; Palmer v. Gurcn, 25 L. J. (Cli.)
841.

VEEIFYING ABSTRACT. 41

conditions under which a chent has purchased, before
proceeding to peruse the abstract of title, as, after
some Httle experience, it will be easy to discover
what sort of title may be expected, merely by reading
the conditions of sale ; and if they are of a stringent
character, extra vigilance should be excited when
perusing the abstract.

If a client has contracted to purchase property
consisting to any material extent of buildings —
whether freeliold or leasehold — it is advisable either
to obtain some memorandum from the vendor with
respect to the insurance money, or advise the pur-
chaser to insure immediately, as, if the property be
burnt down before completion, the vendor will be
entitled to the insurance money, and may compel the
purchaser to pay the purchase-money ; thus the
vendor will be paid twice over, while the unfortunate
purchaser gets nothing whatever for his money.^

Verifying Abstract. — We will now assume
that everything has been done respecting the con-
tract, that it is complete, and that the abstract of
title has been forwarded to you by the vendor's
solicitor. The first point requiring attention will be
the time limited (if any) by the contract or condi-
tions of sale for sending in requisitions on the title,
for if a short time is limited and time is made of the
essence of the contract — as is often the case — it will
be necessary to use despatch in verifying and perus-
ing the abstract. Having received the abstract, it is
of advantage to cursorily peruse it, in order to obtain

1 Pooh V. Adams, 12 W. R. 683, 33 L. J. (Ch.) 039 ; n<iyner v. Prcdou,
H Ch. D. 297.

42 PURCHASES OF REAL ESTATE.

a general view of the title. This will be of assistance
on afterwards comparing the abstract with the deeds.
The vendor's solicitor should then be written to, to
make an appointment at his office for comparing the
abstract with the deeds, and he will give information
as to where they may be examined. A purchaser,
however, unless bound by the conditions of sale, is
not obliged to incur the expense of his solicitor
taking a long journey to compare the deeds with the
abstract, as, in the absence of any information to the
contrary in the contract or conditions, the deeds are
expected to be in the possession of the vendor or his
solicitor, or, at all events, within a reasonable dis-
tance. The appointment having been made, the
purchaser's solicitor will j^roceed at the time ap-
pointed to the place where the deeds are to be found,
and if in London will take a clerk with liim, but if
in the country a clerk of the vendor's solicitor will
assist him. The usual course is for the clerk to read
the abstract slowly while the solicitor looks at the
deeds, taking care first to mark the stamps under the
date of the deed in the abstract. It is customary to
mark all the stamps in the abstract, as well followers
as ad valorem and other stamps ; but unless the num-
ber of folios in the deed are counted (which although
formerly necessary, is no longer so) it is quite useless
to mark the number of followers ; the principal thing
is to see if the ad valorem duty is correct, and also
that any other stamps required by the Stamp Act
are affixed. In examining any deed conveying real
estate^ dated between the 15th May, 1841, and the
1st October, 1845, care must be taken to observe
that reference is made in the deed to the " Act for

VERIFYING ABSTRACT. 43

making a Release as effectual as a Lease and Release
by the same Parties,"^ and also that a 355. stamp in
lieu of the old lease for a year stamp^ is impressed
on the release ; but between the latter date and the
14th August, 1850, it will only be necessary to see
that an extra stamp of 355. is impressed on the
release, pursuant to § 2 of the Act to Amend the
Law of Real Property,^ which made freeholds lie in
grant as well as in livery. Any deed bearing date
after the 14th August, 1850, does not require to be
stamped with an extra 355. stamp, as the Stamp Act,
1850/ which then came into operation, repealed tlie
lease for a year stamp duty imposed by the Act to
amend the Law of Real Property. It is scarcely
necessary to mention that the person who compares
an abstract of title with the deeds should have a fair
knowledge, not only of the theory, but also of the
practice of conveyancing, although many consider
this a much less important duty than it is. Instances
have occurred where, at the end of a very long will,
and at a place where few would have expected to
find anything of the sort, a most important clause
has been put in, materially affecting the interest of
the person dealing with the property. This, no
doubt, has arisen in the following manner : — After
the will had been settled by counsel, the client, on
its being read over to him, has thought of some
modification of a prior interest or power, and the
solicitor, fearing that by inserting it earlier he might
interfere with the effect of the preceding clauses, has
put it in at the very end ; a safe course, certainly,

» 4 «fe 5 Vict. c. 21. ' 8 & 9 Vict. c. 103.

^ 13 & 14 Vict. c. 07, s. G.

44 PURCHASES OF REAL ESTATE.

for himself, but likely to be very prejudicial to a
future purchaser who has to rely upon a careless
examination of the abstract with the deeds. On
arriving at the end of a deed care should be taken to
see that it is executed by all proper parties and duly
attested, and the receipt for the consideration money
indorsed, signed and witnessed ; and if a married
woman be a party, that the deed has been duly
acknowledged under the Abolition of Fines and
Recoveries Act,^ and that the official certificate is
attached. It is always better to insert in the abstract
the actual number of witnesses, as the deed may
have been made in exercise of a power requiring two
or more witnesses to its execution. As to powers
exercised by will since tlie 1st of January, 1838,^
and by deed since the 13th of August, 1859, two
witnesses are sufficient.^ It should also be observed
whether there is any irregularity as to the position
of the receipt for the consideration money,* and in
such a case a note to that effect should be made in
the margin of the abstract. If the estate be in a
register county, i.e., Middlesex or Yorkshire, the
usual memorandum of the registration of the deed
should be found indorsed on the back of it, and the
reference to such memorandum should be inserted at
the foot of the deed in the abstract, if not already
done ; and should the property be subject to the
operation of the Bedford Level Drainage Act,^ it
should be seen that the requisites of that Act have

» 3 & 4 Wm. 4, c. 74.

2 Wills Act, 7 Wra. 4 & 1 Vict. c. 27, s 10.

3 Lord St. Leonards' Act, 22 & 23 Vict. c. 35, s. 11.

* Kennedy v. Qrecn, 3 My. & K. 399 ; Greenslade v. Dare, 20 Boav.
281. ' 15 Car. 2, c. 17.

PERUSING ABSTRACT. 45

been complied with/ Also, where any succession
duty is payable, evidence of its having been paid
should be furnished now or in the replies to requisi-
tions. If not produced now a note should be made
in the margin of the abstract.

PERUSiNa Abstract. — Having compared the ab-
stract with the deeds, the next step is to examine the
stamps which have been marked in the margin of
the abstract, so as to see if they are correct ; after
which the abstract must be perused and the necessary
requisitions prepared. If the purchaser's solicitor
does not feel competent to peruse the abstract, or
should it be very long and intricate, or any doubtful
questions arise on it, or the property be of great
value, the best course will be to lay it before counsel
with instructions to peruse it and advise on the title.
The abstract should be accompanied by the con-
ditions of sale or contract. Counsel's opinion in this
case will enable the solicitor to prepare the requisi-
tions on the title, and here it will be perceived how
necessary it is to carefully compare the abstract with
the deeds, otherwise counsel will, and indeed cannot
help, raising a multitude of trifling questions as to
whether a particular date or description be correctly
stated, or as to the execution of a will or deed, or as
to the correctness of a recital, and can only be
satisfied on this head by a fresh reference to the
deeds, thus incurring additional trouble and expense,
besides incurring an obligation to the vendor's
solicitor, as, having once produced the deeds, it is
hardly fair to put his client to the expense of again

' But see Willis v. Brown, 10 Sim. 127.

46 PUECHASES OF EEAL ESTATE.

referring to them for information wliich might and
ought to have been obtained when they were first
produced.

The writer has found it a convenient course in
perusing an abstract to take a sheet of paper with a
double margin and insert the date of the deed in the
left hand margin, and on the opposite side put such
part of the deed as is necessary to shew the devolu-
tion of the title and any special clauses or stipula-
tions, leaving the right hand margin for notes and
queries. It may sometimes be convenient to keep
the devolution of the legal and equitable estates
separate. This will depend on the title; but it is
always the best course in perusing an abstract to
shew the devolution of the title to any attendant
term of years on a separate sheet of paper. All this
may be done very briefly; it is only necessary to
make a note in the margin opposite any particular
clause or matter, in order that attention may be
readily called to it afterwards, as perhaps the next
or a subsequent deed may have the effect of disposing
of the point ; and should this be so, it is a good plan
to insert a note in the margin of the analysis under
the defect previously noted, and thus many of the
queries it has been found necessary to raise will be
disposed of, and those which are not cleared up
will form the material for requisitions on the title.
Of course, although only the principal parts of the
deed are inserted in the analysis, the whole of the
deed as given in the abstract must be carefully read,
and in each case the conveyancer must satisfy himself
that the deeds are nothing more than what he states
them to be.

The following is a specimen of an analysis of part of an abstract, with the notes anJ queries thereon :—

1852. May 15. Jolin Williamson 1

(1) Thomas James Richardson ...... 2

Conson. £1000
Convce. by 1 to 2 of

Piece of land at Highgate,

Mx. 5a. 2it. 25p^ qy.

called Fallow field. Identity

To use of 2 in fee qy.

Govts, by 1 for title Do~tT

e. a. r. i. Regd. p. 3.

1856. Oct. 17. Will of Thomas James Richardson, g. d. & b.

(3) All real and personal estate Produce

To widow Jane Richardson (sole e.\ix.) probate

e. a. qy. rogd.

186o' Mch 26 ( l*6ath and Pi'obate of Will of T. J. Richardson. P- ■

(3) certificate.
1861. June 5. Jane Richardson ....... 1

(4) William Jackson I

James Thornton ) ' ' ' ' ' ' '

Mtge. by 1 to 2 of qy. p^.;j .ff

Same piece of land. n 9

E. R. £750.

e. a. r. i. Regd.
1875. Oct. 28. William Jackson )

(9) James Thornton J '

Jane Richardson ....... 2

Conson. £750 and interest.
Reconveyance of

Same piece of land.
To use of 2 in fee

e. a. r. i. qy.

1878. April 6. Jane Richardson 1 ^'■'S^-

(11) William John Phillips 2

Conson. £1500.
Convce. by 1 to 2 of

Same piece of land.
To use of 2 in fee (jy.

e. a. ' r. i.

J'-Z-i-J^".! qy. regd.

PERUSING ABSTRACT. 47

In the annexed analysis it will be seen that the
first query is as to the identity of the property described
in the abstract with that in the contract for sale.
The second is as to whether any widow of T. J.
Richardson became entitled to dower. But as, under
his will on page 3 of the abstract, his widow takes
all his property, the question of dower is set at rest,
and therefore the pen is drawn through the query,
and " p. 3 " (the reference to the page where the
will is abstracted) placed under it.

The letters e. a. r. i. mean "executed, attested,
and receipt indorsed."

The query as to whether the will has been regis-
tered in the Middlesex Registry is treated in the
same way, because it appears that the mortgage
by Jane Richardson to Jackson and Thornton was
duly registered ; and by § 8 of the Vendor and Pur-
chaser Act, 1874,^ this renders the non-registration
of the will immaterial.

The letters E. R. in the analysis of the mortgage
of the 5th of June, 1861, of course mean " Equity of
Redemption."

The query as to whether the mortgage has been
paid off is answered by the reconveyance of the 28th
of October, 1875, at page 9 of the abstract.

There would have been a query as to succession
duty on the will of Richardson, had the devise been
to anyone but his wife ; but no succession duty is
paid by husband or wife.

The usual and most convenient mode of copying
requisitions on title is on abstract paper, doubling
ifc in lialf margin, writing the queries on the left

> 37 & 38 Vict, c, 78 ; Greenwood's Recent R. P. Stat. p. 118.

48 PUECHASES OF KEAL ESTATE.

liand, and reserving the right hand for the replies,
thus : —

Requisitions on the Title to a House and Grounds,
known as Fallow Hall, Highgate, in the County
of Middlesex : —

1. Evidence must be given of the
identity of the piece of land de-
scribed in the abstract with the
property purchased.

2. Probate of the will and certifi-
cate of the death of T. J. Richardson
must be produced.

And so on until all the requisitions are exhausted.

Requisitions and Replies. — Having obtained the
vendor's replies to the requisitions on the title, it
will be necessary to consider whetljcr they are satis-
factory. This is a duty of equal importance to the
perusal of the abstract, and sometimes there may be
greater difficulty in deciding whether an answer is
sufficient, than in raising the question. If there is
any doubt as to the course to be pursued, it is ad-
visable, whether the abstract was or was not in the
first place laid before counsel, to place all the papers
before him and take his opinion. If, however,
there is no serious doubt, then the next step will be
either to send further requisitions to the vendor's
solicitor, or to prepare the conveyance.

By raising only such questions as are of real
importance, much expense will be saved to the
purchaser and much trouble to his solicitor. In
some cases the solicitor may find it necessary to

SEARCHES. 49

consult his client as to whether he will press for a
more satisfactory answer to a particular requisition
(when the vendor's solicitor has declined or expressed
his inability to give any furtlier information), or
whether he will waive it and complete the purchase ;
but this will only arise in cases where the purchaser
is not restricted by the contract from requiring a
more satisfactory answer, and not often in those
cases.

It must be remembered that in case succession duty
is payable, the vendor's solicitor must either produce
the receipt or procure a certificate from Somerset
House, certifying that all duty has been paid.

Searches. — Search must be made for judgments,
crown debts, lis pendens, and annuities, at the office
for that purpose of the Eoyal Court of Justice,
against the vendor and such other persons as may
have any interest in the property dealt with ; except
mortgagees who have been or are about to be paid
off \ The search for judgments should be made for
five years prior to the day of sale,^ but judgments
entered since the 23rd July, 1868, may be disre-
garded unless a writ of execution has been regis-
tered.^ Should the property be in Middlesex or
Yorkshire, the register office for the county in which
the property is situate must be also searclied, in order
to discover if any deeds affecting the property have
been executed which do not appear on the abstract.
These searches should be made as near the comple-

1 17 & 18 Vict. c. 15, s. 11 ; Qreaves v. Wilson, 25 Beav. 434.

2 2 & 3 Vict. 0. 11, s. 4.

3 Sec 23 & 24 Vict. c. 38, ss. 1, 2 ; 27 & 28 Vict, c. 112, s. 1.

50 PURCHASES OF REAL ESTATE.

tion of the matter as possible ; but where tlie searches
are likely to take up much time they may be made
at an earlier stage of the business, and another
search made from the foot of the prior search imme-
diately before attending to complete the matter. If
a charge or incumbrance of any description not dis-
closed by the abstract should be discovered, a letter
should be written apprising the vendor's solicitor of
the fact, and requiring its removal before the com-
pletion. Although a purchaser is not bound to
search for judgments, it is safer for him to do so,
because in the event of a resale a subsequent pur-
chaser might search and find judgments, and put the
vendor to considerable trouble in proving that he
had no notice of them.

Preparation of Conveyance. — If a solicitor has
any doubts as to the proper persons to make parties
to the conveyance, which is very likely to be the case
when dealing with large estates or estates that have
been frequently dealt with, the more prudent course
will be to hand all the papers to counsel and instruct
him to prepare the conveyance.

It may be mentioned that, although tlie greatest
accuracy should be observed in the description of the
parties to a deed, a misnomer will not be a fatal
objection, if the party can be identified.^

With respect to the parties to the conveyance,
should the vendor be seised in fee simple, it will be
necessary only to make him (and his wife if living
and married before 1834) the party of the one part,
and the purchaser of the other part, unless the pur-

' James v. WJiiibread, 11 C. B. 406.

PREPARATION OF CONVEYANCE. 51

chaser was married before 1834, and his wife be
living', in which case the name of a third party sliould
be inserted, as a trustee to bar the inchoate right of
dower in the wife. It will not be necessary to make
the dower trustee in the conveyance to the vendor a
party to the draft if the property was conveyed to
the vendor and a trustee to the ordinary uses to bar
dower, for in such a case the power of appointment
reserved under that form of conveyance is alone
sufficient to pass the estate, and the granting part
which follows is subsidiary to the appointment.
Should the estate be in mortgage, it will be necessary
to make the mortgagee a party to the draft convey-
ance, and to recite the mortgage deed. In every case
the draftsman must be guided by the state of the
title, as to whom he will make parties, and the
documents and statements necessary to be recited.
If the whole legal and equitable estates are vested
in the vendor, it is manifest that none but he (and
his wife if entitled to dower) need join in the convey-
ance. If the estate be mortgaged, then the mort-
gagee must join ; and if any other persons appear by
the abstract to have an interest in the property, then
those persons, whoever they may be, must join in the
conveyance.

It sometimes happens that a judgment creditor is
induced to give up his charge upon part of an estate
contracted to be sold, and in this case he must be
made a party to the deed, and the particulars of the
judgment and his consent to release the estate there-
from should be recited. Before 1859 the judgment
creditor would merely have covenanted not to resort
to the estate conveyed for satisfaction of his judg-

I-: 2

52 PURCHASES OF REAL ESTATE.

ment debt, because a release of part of the heredita-
ments affected by the judgment was at law a release
of the whole, and in equity such a covenant was
considered an effectual release ; but now he will join
in the granting part of the deed, as under § 11
of Lord St. Leonards' Act,^ the release from a judg-
ment of part of the hereditaments charged therewith
is not to affect the validity of the judgment as to the
hereditaments remaining unreleased, or as to any
other property not specifically released.

Where devisees in trust, with power to sell and
give receipts for purchase-money, are the vendors,
the parties beneficially entitled will, as a rule, not be
necessary parties to the conveyance, inasmuch as in
such cases the trustees can make a title without them ;
and even if the instrument appointing the trustees
does not contain a power to give receipts, that power
is supplied by § 29 of Lord Cranworth's Act^ in all
cases where trustees have been appointed by any
deed, will, or codicil dated since the 28th of August,
1860.^ A similar power is given to mortgagees and
other vendors acting under deeds dated since the
13th of August, 1859, by § 23 of Lord St. Leonards'

Act.^

It may happen that the vendor is a married
woman, and as the law respecting a married woman
entitled to real estate is peculiar, it may be better to
state it rather fully. It appears to be as follows :—

1. A married woman cannot pass the legal estate
in real estate not settled to her separate use, unless

1 22 & 23 Vict. c. 35.

2 23 & 24 Vict. c. 145.

3 See 23 & 24 Vict. c. 145, s. 34.
* 22 & 23 Vict. c. 35.

CONVEYANCE — PAETIES. 53

the formalities prescribed by Fines and Eecoveries
Act ' are complied with ; and before the Vendor and
Purchaser Act, 1874, came into operation the rule
was the same with regard to real estate belonging to
her for her separate use.^

2. A married woman can dispose of an equitable
fee simple estate or estate tail, given to her separate
use, without a deed acknowledged.^ And inasmuch
as after a conveyance of her equitable interest she
would if seised of the legal estate be a bare trustee
for the purchaser, it appears that she could now
convey that also by virtue of § 6 of the Vendor and
Purchaser Act, 1874.^

3. A married woman may dispose of an equitable
life interest in real estate given to her for her sepa-
rute use (and which she is not restrained from anti-
cipating), and also of her absolute interest in per-
sonalty (whether in possession or reversion), without
a deed acknowledged.^

4. A wife, even with the consent of her husband,
cannot make an assignment of her reversionary
interest in personalty that will be binding on her in
the event of her surviving her husband, unless her
interest accrued under an instrument dated after the
31st of December, 1857,® and in such a case the
assignment must be acknowledged pursuant to the
Fines and Recoveries Act.^

1 3 & 4 Wm. 4, c. 74.

2 But see OoodcUld v. Dougal, 3 Ch. D. 650.

3 Taylor v. Meads, 5 N. E. 348, 4 D. J. & S. 597 ; Pride v. Bid'h, L. R.
7 Ch. 64 ; Cooper v. Macdonald, 7 Ch. D. 288.

* 37 & 38 Yict. c. 78.

» Lechmere v. Brothridge, 32 L. J. (Ch.) 577.

» 20 & 21 Vict, c. 57.

T 3 & 4 Wm. 4, c. 74.

54 PURCHASES OF REAL ESTATE.

5. Ill no case can a married woman (tluring cover-
ture) dispose of property settled on her for her sepa-
rate use without power of anticipation.

In preparing the conveyance, the draftsman must
be guided by the state of the title as appearing on
the abstract ; for instance, should the last document
in the abstract be a conveyance to the vendor in fee,
he may either dispense with any recital, or state
shortly, in the usual form, that the vendor is seised
in fee of the premises intended to be conveyed.
Having regard to sub-sect. 2 of § 2 of the Vendor
and Purchaser Act, 1874,^ the latter course is now
often adopted, as such a recital will, in any future
sale after twenty years have expired, be evidence of
the fact recited.^ In such a case there can be no
necessity, neither can it answer any useful purpose,
to recite the last or any of the prior deeds in the
conveyance to the purchaser. If the last deed on
the abstract be a conveyance to the vendor, to uses
to bar dower (a form now seldom seen owing to tlie
operation of the Dower Act), it is customary to
recite such deed, as the conveyance will, in such
a case, be in exercise of the power reserved to the
vendor by that deed.

Approval of Draft. — The draft having been
prepared, a fair copy of it should be made and for-
warded to the vendor's solicitor for approval, and
after he has approved it on behalf of his own clients,
he will forward it for approval to the solicitors of
any of the parties to the draft for whom he may

1 37 & 38 Vict. c. 78.

^ See Bolton v. London School Board, 7 Ch. D. 766.

APPROVAL OF DRAFT, 55

not be professionally concerned, and return it to the
purchaser's solicitor when it has been approved on
behalf of all parties. On receiving back the draft
he will go carefully through it, in order to see what
alterations have been made therein ; and should any
important alteration have been made, he will consider
how it affects the draft, or how far he is obliged to
submit to it ; and in such a case, if the draft has been
prepared by counsel, it should be laid before him to
advise on the alterations, the framer of the draft being
the most competent person to advise on the effect of
any alterations therein. As to how far the vendor's
solicitor is justified in insisting on alterations he
may have made in the frame of the draft, or in any
objection he may make to the mode in which the
purchaser thinks fit to have the property conveyed,
the authorities should be consulted.^

In cases where trustees are parties to the deed,
great pertinacity is sometimes evinced by their soli-
citors in insisting on qualifying words being inserted
in the operative part of the deed, such as the follow-
ing : — " As far as they lawfully can or may, but not
further or otherwise, and without warranty of title."
Now, these words at the present day have no mean-
ing at all, as trustees cannot convey more than they
are authorized to do by the power which they exer-
cise, and as they never enter into any more extensive
covenant than that they have not done any act to
incumber, it seems clear those qualifying words are
not required, and are quite unnecessary.^ And with

' Clarke v. May, 16 Beav. 273 ; Cooper v. CartwrvjUt, Job. 685 ; Earl
JCijmont V. Smith, 6 Ch. D. 469.
^ Calvert v. Sebright, 15 Bcav. 156,

56 PURCHASES OF REAL ESTATE.

respect to the word " grant" creating a warranty, an
eminent conveyancer, more than half a century ago,
stated his opinion that it would not have that opera-
tion ; and it was enacted thirty -five years ago ^ that
the word " grant " should not imply any covenant.
When, however, a solicitor acting for a trustee is dis-
posed to insist on qualifying words being inserted, the
better plan is to let them remain, as they are quite
harmless, and the point is not worth a long discus-
sion, althougli it is a pity that men of narrow under-
standings should have it in their power to incumber
a well-drawn draft by useless and unmeaning words.
In case the original draftsman should modify or
strike out any of the alterations that have been made
in the draft as prepared by him, it should be again
forwarded to the vendor's solicitor, as it is not regular
to alter a draft after it has been approved by the
vendor's solicitor, without submitting the alterations
for his approval.

Engrossment op Conveyance. — After the draft
conveyance has been finally approved, it will be en-
grossed by the purchaser's solicitor, and the draft and
engrossment sent to the vendor's solicitor for exami-
nation, and he will also get it examined by any other
solicitor concerned in the matter. On sending the
draft to the stationer for engrossment, it is better to
mark on it the particulars of the stamps on which it
is to be engrossed, in order to avoid the possibility,
if the deed be engrossed on unstamped parchment,
of its being put away and forgotten to be stamped
until too late. Never instruct a stationer to engross

1 8 & 9 Vict. c. 1C6, s. 4.

COMPLETION. 57

tlie deed " on proper stamps," as it is unfair to him
and may cause the soUcitor some annoyance and
expense if he or his clerk forgets on receiving the
engrossment, to examine the correctness of the stamps ;
and as he must, or, at all events, ought, to examine
thera, it is at least quite as easy to do this before the
draft is sent for engrossment as after. A law sta-
tioner is by no means expected to be in a position to
know what stamps should be affixed on any but the
most simple documents. In case of any doubt as to
the correct stamp to be affixed an assessment can be
easily obtained without expense on application at
Somerset House. But in most cases a solicitor can,
himself, ascertain the proper stamps by referring to
the Stamp Act, 1870.'

Completion". — On forwarding the draft and en-
grossment to the vendor's solicitor an appointment
may usually be made for the completion of the busi-
ness. This appointment will be made with the
vendor's solicitor (unless some other office is named
in the conditions of sale), and he will arrange as to
the place of completion, and inform the purchaser's
solicitor accordingly.

In cases where a married woman is a party to
the deed it must be acknowledged by her, pursuant
to the Fines and Recoveries Act;^ but the course
necessary to be followed on such occasion will appear
in a subsequent part of this book f and should the
pioperty be in Middlesex or Yorkshire, a memo-

» 33 & 34 Vict. c. 97.
2 3 & 4 Wm. 4, c. 74.
^ See ChajitcT IX. p. 149, iv/ra.

58 PURCHASES OF REAL ESTATE.

rial of the deed will have to be registered. A
memorial can be executed either by grantor or
grantee, but care must be taken that one of the
witnesses to its execution is also a witness to the
execution by the same party of the conveyance.
At the time and place appointed for completion, the
purchaser's solicitor will attend with his client and
pay the money and take the deeds ; if the property
be leasehold, he will also require the policy of insu-
rance and last receipt for premium to be handed over,
and the last receipt for ground rent should be in-
spected by him. He will also satisfy himself as
to the rates and taxes having been paid up to the
time appointed for completion, but it is more usual
to accept the undertaking of the vendor's solicitor to
clear up all rates and taxes to that day. In case the
property consists of a house in hand the keys should
be handed over on completion, unless possession has
previously been given to the purchaser.

CHAPTER IV.

MOKTGAGES.

It is scarcely necessary to mention tliat a mortgage
is a security given by one person to another to
secure the repayment of a sum of money, or that
almost every description of property and all interests
therein may be the subject of a mortgage.

AcTixG FOR Mortgagor. — The observations in
Chapter II. as to the duties of a vendor's solicitor, as
far as regards the abstract and completion of the
matter, will equally apply to the duties of a solicitor
acting for a mortgagor.

Also where a client is not absolute owner of the
property or the interest therein which he proposes to
give as security, the question will arise whether he
has power to give a valid mortgage.

Upon this point it should be remembered that
under §§ 14 to 18 of Lord St. Leonards' Act,*
trustees and executors may, respectively, under
certain circumstances, raise money by mortgage of
their testator's estate for tlie purpose of paying-
debts, legacies or specific moneys, notwithstanding
the want of an express power in the will. § 10
applies to cases where the testator has not devised
the estate in the manner pointed out in § 14.

' 22 & 23 VicL. c. 35.

GO MOETGAGES.

Also, under § 9 of Lord Cran worth's Act,^ money
required for the j)urposes of equality of exchange
authorized by that Act, and for renewal of leases,
may be raised by a mortgage of the hereditaments
to be leceived in exchange, or contained in the
renewed lease as the case may be.

Attention may also be drawn to the provisions of
the Improvement of Land Act, 1864,^ and the
Limited Owners' Reservoirs and Water Supply
Further Facilities Act, 1877.^

Acting for Mortgagee. — On the other hand^ if
the client is the mortgagee, the course of proceed-
ing on his solicitor's part will be similar to tliat
on a purchase with this important difference, that
a mortgagee is never subject to any restrictions as
to title or evidence of title, or the time when the
matter is to be completed ; there is also this further
difference, that specific performance cannot be en-
forced against him. In many cases a willing pur-
chaser will often waive many points on the title
through a wish to get what he has purchased: he
may require a few extra acres to make his lands
lie in a ring fence, or he may want a particular
house either for occupation or for removal in order
to improve a view ; but in the case of a mortgage
none of these circumstances can arise, a mortgagee
lends his money on a particular security and expects
to have it back again, and, therefore, if there is
any doubt as to the title, or as to obtaining the
evidence necessary to establish it, he should never

» 23 & 24 Vict. c. 145. ^ 27 & 23 Vict. c. 114.

3 40 & 41 Vict. c. 31 ; Greenwood's R. P. Stat. 209.

ACTING FOR MORTGAGEE. 61

be advised to advance his money until such doubts
are removed. If, however, such doubts resolve
themselves merely into a question of expense here-
after in case a sale should have to be resorted to
by the mortgagee, the question for consideration
will be how far the value of the property will be
sufficient to pay for this extra expense ; for if the
mortgagee gets a marketable title, and is amply
covered by the value of the property mortgaged, he
will be safe in making the advance. It is also
important to see how far the covenant of the mort-
gagor to repay the money can be relied upon,
although this should not be taken into consideration
until the mortgagee has been satisfied as to the
value of the security and the title to it. The cove-
nant of a responsible man is at all times of some
value; if, therefore, a mortgagee or his solicitor is
satisfied with the mortgagor's responsibility, he will
be justified in abating some of the rigour that he
would otherwise exercise ; and as the irregularity in
payment of interest is often a great source of annoy-
ance to clients it is very desirable to secure a mort-
gagor who is likely to be punctual. A method now
often adopted is to reserve interest at six per cent,
reducible to five on punctual payment. There are
now such numerous channels for investment that
unless clients obtain their interest punctually they
call in the money and employ their broker rather
than their solicitor ; but it should be borne in mind
that a good mortgage is still one of the safest secu-
rities and at the same time a remunerative one ;
and that there is generally little difficulty in obtain-
ing a transfer.

02 MORTGAGES.

In the allusions here to the value of property,
"marketable value" is meant; in other words, the
amount likely to be realized by a forced sale of the
property. It often happens that property in mort-
gage, consisting of mills, manufactories, furnaces,
mines, &c., may be of considerable value, but yet
unmarketable in times of commercial depression,
and in such a case as this, however anxious the
mortgagee may be to realize his security, he cannot
do so unless the mortgagor be a man of substance,
and can be reached under his covenant for repay-
ment of the money. As there are various descrip-
tions of mortgages, it ma^^ be of service if the
principal are here stated, and a few remarks made
on each. They are as follows : —

1 . Freehold land comprising :

(a.) Broad acres.
(Jj.) G-round rents.
(c.) Houses.

2. Copyhold land or houses.

3. Leasehold houses.

4. Freehold, copyhold, or leasehold mills, manu-

factories, mines, &c.

5. Life interests.

6. Eeversions.

7. Policies of assurance.

8. Furniture, stock in trade, c^c.

The following remarks apply principally to the
case of a client wishing to invest money of his own
— the case of trustees investing trust funds will
be dealt with afterwards.

With respect to mortgages of freehold land, a
client will be quite safe in advancing to the extent

CLASSES OF SECURITY. 63

of two-thirds of the vakie of broad acres or ground
rents as certified by a respectable surveyor ; for
experience proves that commercial depression exer-
cises very little influence on this class of property,
unless it be to raise the price, many people at such
times being more anxious to invest their money in
something secure and tangible than at times when
trade is buoyant.

With respect to freehold houses, and indeed house
property of any tenure, locality is the principal con-
sideration, and if that is good, the tenant responsible,
the property held on lease, and the state of repair
satisfactory, then freehold houses form a very good
investment, although the advance of much more
than one-half the value of the property is not to be
recommended.

Copyhold houses or land where the fine on death
or alienation is certain, that is, nominal, form an
investment of little less value than freehold ; but in
manors where the fine on admittance is arbitrary,
that is, at a rough estimation, two years' annual
value, the amount of the fine must be taken into
consideration in estimating the value of the pro-
perty, as every person admitted must pay a fine,
and consequently a purchaser would give so much
less for the property.

Leasehold houses are never looked upon with so
much favour as freehold, unless situated in a first-
class position. In advising a client to lend on lease-
hold security many things require to be taken into
consideration, namely, the probability of the property
being unlet for a time, the amount of ground rent
reserved by the lease, the nature of tiie covenants in

64 MORTGAGES.

the lease (some of which may be very onerous and
may not have been duly performed), and the great
depreciation of vakie experienced by this class of
property in a time of commercial depression, unless
it happens to be situate in a first-class neighbourhood,
or have other corresponding advantages.

Sometimes a solicitor has to advise a client as to
his advancing money on leasehold ground rents, or,
as they are generally termed, " improved rents."
These rents arise in this way : a person holds a
house under a lease for, say ninety years, at a
rental of 5/. per annum ; he grants an underlease
of this house for the whole of his term, less a few
days, at a rent of, say 45/. Here the improved
rental is 40/. per annum. In a case like this, pre-
cisely the same questions will arise for consideration,
as to covenants, &e., as in the case of a leasehold
house offered as a security ; but if these questions
are decided satisfactorily, and the rents reserved by
the underlease should be sufficiently below the rack
rent of the property, then improved ground rents
will form a better security than any other descrip-
tion of leasehold property.

The next head, freehold or leasehold mills, manu-
factories, mines, &c., will require very serious con-
sideration before advising a client to advance his
money. It is true that in mining and manufacturing
districts owners of this class of property do not, in
prosperous times, find much difficulty in raising
money upon it ; but this chiefly arises from the fact
of the lender having it constantly before his eyes,
and in many cases from the personal knowledge he
has of the borrower and the value of the security.

EEVEKSIONS. 65

In advising as to a mortgage of this description of
propert}^, the vahie of the building, steam boiler,
machinery, gearing, &c., as estimated by a competent
person, and also the responsibility of the borrower,
must be carefully considered; and even if everything
is satisfactory, not more than one-half of the value
should, as a rule, be advanced, because, in the event
of a depression of trade, great difficulty might be
experienced in realizing such a security. If the
mortgage comprises any trade machinery other than
fixtures, it must be executed, attested, and registered,
as required by § 8 of the Bills of Sale Act, 1878.'
Trade machinery does not comprise fixed motive
power, shafting, drums, steam-pipes, gas-pipes, or
water-pipes.^

Life interests are seldom taken as securities for
money, unless by insurance offices or professed money
lenders, and when taken, the mortgagor is always
required to effect an insurance on his life to secure
the repayment of the mortgage money, a life interest
in itself being only of value for securing payment of
the interest on the money and the premiums on the
policy of assurance. The principal is secured by the
policy.

There are many disadvantages in this description
of security. The mortgagor may do some act to
avoid the policy, or it may be necessary to call in
the money during his lifetime, in which case diffi-
culty may be experienced in finding a purchaser. If
a client is seeking an investment for his money, and
does not make the obtaining of a high rate of interest

Ml & 42 Vict. c. 31.
"" Ibid. s. 5

66 MORTGAGES.

his primary consideration, he should never be advised
to accept this kind of security.

A reversion in any description of property is also
a very undesirable security, owing to there being no
fund available for payment of the interest until the
reversion falls into possession. Of course a vested
reversion is here meant, as a contingent reversion is
never thought of as a security for money about to be
advanced, unless accompanied by a policy of assur-
ance, and even then it is a desperate kind of security.
Reversionary interests are always of a certain value,
which can easily be ascertained by taking the opinion
of an actuary. The character and responsibility of
the mortgagor in a security of this nature is the most
important consideration, as it enhances its value ;
but even if that is unexceptionable, the security is
not a desirable one, and a prudent man, wishing to
secure an investment for which a transfer can speedily
be obtained, or in respect of which the property can
easily be realized in the market, should hesitate before
he accepts a reversion as a security.

A policy of assurance, considered as a security, ranks
still lower than a reversion. There is not only no
means of paying the interest on the mortgage money,
but the annual premiums on the policy (without
punctually paying which, the whole security vanishes),
must be provided from some source. If these can be
guaranteed by the covenant of a third person, the
security is thereby improved, but is still undesirable.
The value of a policy of assurance may be ascertained
at any time by applying to the actuary of the com-
pany, who, for a small fee, will certify the office
value, which increases every year the policy is kept

POLICIES OF ASSURANCE. 67

up. This kind of security is generally taken in cases
where the borrower is previously indebted to the
mortgagee, in which case he takes an assignment of
the policy, as the best or only security lie can obtain.
Last of all comes a mortgage of household furni-
ture, stock-in-trade, &c. This can in no case be
recommended to an intended mortgagee, as there is
very little more than the personal character of a
mortgagor to depend upon : for instance, he might
sell the property comprised in the security, and put
the money in his pocket, and it has been decided
that he is not criminally liable for so doing, as he
does not come within the Fraudulent Trustee Act.
Next, the mortgagee is always under the liability of
the goods being distrained upon by the landlord for
rent in arrear, and if the mortgagor should become
bankrupt while in possession, the chattels would
pass to his trustee in bankruptcy as being in his
order and disposition. This description of mortgage
is generally taken to secure money already due, or
which may become due on a trading account between
the mortgagor and mortgagee. The security is bad
at the best, but it is absolutely worthless as against
third parties, unless it complies with the formalities
prescribed by the Bills of Sale Act, 1878.^ It must
be attested by a solicitor, who must explain it to the
grantor, and state that he has done so ;^ it must be
registered within seven days after execution,^ and it
must set forth the consideration for which it is given."

Ml & 42 Vict. c. 31, s. 8.

2 Ibid. s. 10.

3 Ibid. ss. 8, 10 (2).
* Ibid. a. 8

F 2

68 MORTGAGES.

The registration must be renewed every five years. ^
If these formalities are comphed with, the chattels
comprised in the bill of sale will ^ be taken out of
the reputed ownership clause of the Bankruptcy
Act, 18G9.^

Lendixg Trust Money. — The foregoing remarks
are principally applicable to the case of a mort-
gagee seeking to advance money belonging to him-
self; but in advising clients who are trustees, too
much caution cannot be exercised. In the first place
it must be borne in mind that, until recently, the
strict duty of a trustee was to place the trust money
in Consols. But trustees are now authorized to in-
vest trust moneys in any securities in which cash
under the control of the Court may be invested,*
namely : Bank stock. East India stock, Exchequer
bills, £2 IO5. per cent. Annuities, mortgages of
freehold and copyhold estates in England and Wales,
Consols, and New and Reduced £3 per cent. An-
nuities.^ In order, however, that a higher rate of
interest may be obtained for the benefit of the cestui
que trust, settlors and testators almost invariably
empower the trustees of the settlement or will to
invest the trust funds in any of the parliamentary
stocks or public funds, or on mortgage of real or
leasehold securities (the latter generally being limited
to leasehold property not having less than a sixty
years' unexpired term), and sometimes on the deben-

1 41&42 Vict. c. 31, s. 11.

'' Ibid. s. 20.

» 32 & 33 Vict. c. 71, s. 15 (5),

* 23 & 24 Vict. c. 38, s. 10.

6 G. 0. Feb. 1, 18G1.

LOANS BY TRUSTEES. 69

tiires or stock of any incorporated company, paying
a dividend, that the trustees may deem well esta-
blished and sound. Now, in advising a trustee under
such a power as this, it must be remembered that
copyhold property is comprised within the words
"real securities," but leasehold property is not. If
a leasehold security be offered, care must be taken to
see that an investment on leaseholds is expressly
authorized, and that the term unexpired is sufficient.
In case of a security on debentures or stock, it must
be seen that the debentures are issued properly, and
that the stock is stock and not shares. In all these
cases, if a trustee does not exceed his power as to the
nature of the security, and does not advance more
than a prudent and careful man would advance in
dealing with his own money under similar circum-
stances, he will be jorotected in what he has done by
a Court of Equity ; but, as before observed, too much
caution cannot be exercised when investing trust
money, and in no case should the security be enter-
tained until the valuation of an experienced surveyor
has been obtained ; and when the mortgage is executed
the trustees should retain all the deeds, the cestui que
trust being only entitled to inspect and take copies.

Under no circumstances should trustees, even
though the instrument under which they are em-
powered to advance money extends to such property
(a very rare occurrence), be advised to make advances
ou mills, manufactories, or mines. Their position is
very different from that of an ordinary lender, who,
for the sake of obtaining a high rate of interest, will
sometimes be content to incur a little risk as to his
security ; but trustees ought only to look at the value
and nature of the security, and the certainty of being

70 MORTGAGES.

able to realize at any time, for, whatever may be the
amount of interest obtained, it will not be taken into
consideration in favour of the trustees, in the event
of the security proving insufficient, and a loss
accruing to the trust estate.

The writer has gone thus fully into the question of
the value of property submitted to a mortgagee, be-
cause a solicitor often has to form and give an opinion
on the matter ; but it should be borne in mind that it
is no part of his duty to look to the value of a pro-
posed security, unless that duty be specially cast upon
him.'

Preparation of Draft. — The title to the pro-
perty offered as security having been satisfactorily
proved, the mortgagee's solicitor will proceed either
to prepare the draft mortgage, or send instructions
to counsel for that purpose. The draft, when pre-
pared or settled, must be fair copied and sent to
the solicitor of the mortgagor for perusal by him.
He takes a copy of it in the usual manner, and
after approving the draft, returns it for engross-
ment. The principal differences between a convey-
ance and a mortgage are these — in the former the
agreement for sale or purchase is often recited, and
the vendor, after conveying the property, enters into
qualified covenants for title only ; whereas in a mort-
gage after reciting the agreement for the advance, a
covenant for repayment of the principal money and
interest is inserted, then follows the conveyance of
the property, then the proviso for redemption on re-
payment of the money, the power to the mortgagee
to sell if not then paid, making his receipts good dis-

' Brumbridge v. Mussey, 32 L. T. 108.

PEEPARATION OF DRAFT. 71

charges to the purchaser, lastly, absolute covenants
for title by the mortgagor. If house property forms
a part of the security, the mortgagor covenants to
insure, and if leaseholds are included, the mortgagor,
in addition to such a covenant, enters into a covenant
to pay the rent reserved by, and to perform the cove-
nants contained in, the lease under which the pro-
perty is held. If the mortgage is made to trustees
it should contain a declaration that the money is
advanced on a joint account.

In cases where brevity is desired, the power of sale
and the usual clauses ancillary thereto may safely be
omitted in reliance upon the statutory powers given
to mortgagees by §§ 11 to 16 of Lord Cran worth's
Act.^ But in such cases a short clause to the effect
that the power of sale may be exercised at any time
after the day named in the deed for payment of the
principal money should be inserted.

This part of the Act was evidently intended to
operate as a means of shortening mortgages, but for
some time it did not have that effect. Now, how-
ever, it is often relied upon ; and it has certainly
been of service in cases where the mortgage deed
contained no power of sale. It also gives power to
appoint a receiver to collect the rents of mortgaged
property.^

Although at one time the contrary opinion was
entertained, it is now settled that trustees, if raising
money under a power to mortgage, are authorized to
give the mortgagee a power of sale in case of default
in repayment of the money.*

' 23 & 24 Vict. c. 145. 2 g^^ gg_ 17.24.

•^ Bus&dl V. Plaice, 18 Bcav. 21 ; 18 Jur. 251; Crmkshank v. Duffm,

72 MORTGAGES.

It is perhaps scarcely necessary to mention, that,
since the repeal of the Acts of Parliament respecting
usury, any amount of interest may be reserved on
any description of property, and there is now no
restriction whatever on this head, the law leaving it
to the parties interested to make their own contracts.

In some cases where the mortgagor remains in
actual possession, it is usual to insert an attornment
clause ; but it is doubtful whether this does not now
bring the security within § 6 of the Bills of Sale Act,
1878,^ so as to make the attestation and registration
thereby prescribed necessary.^

In case freehold and copyhold property form the
security, it will be necessary to prepare a surrender
of the copyhold property, and recite it in the draft
mortgage ; and the covenants for title in this case
will require some slight alteration in order to com-
prise both tenures. If copyhold property alone be
mortgaged the surrender and also a further deed
will be necessary. The latter will recite the applica-
tion for the advance, the surrender and the agree-
ment by the mortgagor to enter into the covenants
thereinafter contained. The witnessing part will
contain the covenant for repayment, then will follow
the proviso for redemption, the power of sale in case
of default, and the covenants for title, and if the
security consists of house property, a covenant to
insure. It will be advisable in all cases to have the
draft surrender perused by the steward of the manor

L. R. 13 Eq. 555, 560 ; but see Clarke v. The Royal Panopticon Society,
3 Jur. (N. S.) 178 ; 5 W. E. 332.

' 41 & 42 Vict. c. 31.

^ See mpra, p. 67.

COPYHOLDS. 73

before it is engrossed, otherwise he may make such
alterations as may necessitate a new engrossment ;
few stewards will tolerate any surrender but such as
complies with their accustomed form. After the sur-
render has been approved by the steward and the
mortgagor's solicitor, an appointment must be made
with both for all parties to attend at the steward's
office to pass the surrender. There will be no neces-
sity, and it is unusual at that time, for the mortgagee
to take admittance. He can at any time procure
admittance, if he should have occasion to sell the
property; and, if he is paid off by the mortgagor, it
is only necessary for the mortgagee to sign a warrant
to the steward to enter satisfaction on the mortgage,
and the mortgagor becomes in the same position as
before the mortgage. Whereas, if the mortgagee
were admitted tenant at the time of the surrender,
there would be the expense of this admittance, and,
on the mortgage being paid off the additional expense
of another surrender by the mortgagee and the ad-
mittance of the mortgagor. In such a case the hard-
ship on the mortgagor is the greater, because the
admittance of the mortgagee, at the time of com-
pleting the mortgage, does not give him the smallest
additional security, and is generally taken through
inadvertence. Should it be inconvenient for the
mortgagor to surrender personally, his solicitor will
procure a power of attorney from him to a third
person, usually his solicitor, empowering him to make
the surrender ; but he should consult the mortgagee's
solicitor before this is done, as a mortgagee is not
bound to accept a surrender by attorney, although it
is not often objected to.

74 MORTGAGES.

Having engrossed the deed the mortgagee's soli-
citor will forward the draft and engrossment to the
mortgagor's solicitor for examination, and arrange
with him for an appointment to complete the matter
(the completion of a mortgage being invariably at
the office of the mortgagee's solicitor), and then
proceed to make the same searches for judg-
ments, &c., and also at the register office (if the
property is in a register county) as in the case of
a purchase.

He should also ascertain whether any succession
duty is payable, and if so and it is not paid, require
the mortgagor's solicitor to prepare and pass an
account before completion, so that he may hand over
the official receipt for the duty, in order that the
mortgagee may put it with the title deeds forming
his security.

Completion. — At the time appointed the mort-
gagor will execute the mortgage deed ; and should
his wife have been made a party in order to bar her
I'ight to dower, she will also execute and acknow-
ledge the deed in the usual manner. After which
the mortgagee's solicitor must take especial care to
see that all the deeds are handed over to him, for
which, if required, he will sign a schedule and ac-
knowledgment by the mortgagee that he holds them
in that character (although this is now seldom
required), and obtain the amount of his costs fi'om
the mortgagor, or, which is usually the case, deduct
them from the mortgage money. If the property is
in Middlesex or Yorkshire the deed must be regis-
tered (unless registered under the Land Transfer

COSTS. 75

Act, 1875), and if it comprises chattels of any
description (except in the case of fixtures, &c., com-
prised in a mortgage of the freehold), it must be
registered under the Bills of Sale Act.

Costs. — The mortgagor pays the whole of the
costs — not only those of his own, but also those of
the mortgagee's solicitor. Occasionally the mort-
gagee's solicitor charges a procuration fee for find-
ing the money, but this is not much adopted at the
present day ; and it should be borne in mind that if
a procuration fee be charged, the preliminary attend-
ances on obtaining the money, satisfying the mort-
gagee as to the security, &c., and many other items
cannot be charged, as they are all covered by the
procuration fee. The fairest way is not to charge a
procuration fee, but to include in the costs fair charges
for the work done ; or to arrange with the mortgagor
at the commencement of the negotiations to conduct
the business on the scale of charges approved by the
Incorporated Law Society.^

In acting on behalf of a person having money to
advance on mortgage, a solicitor should take care, in
cases where he is not also employed by the mort-
gagor, to obtain the written undertaking of the
mortgagor or his solicitor to pay his charges in case
the negotiation goes off on a matter of title, or on
any other point except the default of his own client ;
as, unless he arms himself with this undertaking, he
cannot recover his costs from the intended mort-
gagor, if the mortgage should go off ; and this is
practically losing them altogether, as his own client

^ Sec Apijcudix IV., p. 186, infra.

76 MOETGAGES.

will by no means expect to pay them nor care to
enforce his rights against the intended mortgagor/

Reconveyanx'E. — When a mortgagor wishes to
pay off his mortgage, his solicitor prepares and
forwards to the solicitor of the mortgagee a draft of
the reconveyance or reassignment for perusal, it
being the practice for the mortgagor's solicitor to
prepare this draft. The solicitor for the mortgagee
will peruse the draft in the usual manner, keep a
copy of it and then return it to the mortgagor's
solicitor for engrossment, who will afterwards for-
ward the draft and engrossment to the mortgagee's
solicitor for examination, or, if the reconveyance or
reassignment be by indorsement on the original
mortgage (a very common and convenient practice),
he will request the latter to engross the document on
the mortgage deed (for which he will be entitled to
the usual charge of 8c/. per folio). The mortgagor's
solicitor will then appoint a time for attending to
pay the principal and interest money and costs, and
take away the deeds.

Costs on Reconveyance. — As to a mortgagee's
costs on the mortgagor paying off the mortgage, it
may be observed that, if in consequence of the death
of the mortgagee any additional expense is occasioned,
the mortgagor must pay it ; but otherwise if the
mortgagee has settled the mortgage money.

The mortgagee may during the continuance of the
security become lunatic or die, leaving an infant heir,

^ liifjley V. Daykin, 2 Y, & J. 83 ; Wilkinson v. Grant, 18 C. B. 319 ;
Pratt V. Vizard, 5 B. & A. 808 ; 2 N. & M. 455 ; Ilollis v. Clariihje, 4
Taunt. 807.

SALE BY MORTGAGEE. 77

in which cases great trouble and expense are incurred
in obtaining a reconveyance. If he becomes lunatic
the costs of obtaining a vesting order are paid out of
his estate, but these do not include the costs of
appearance of the mortgagor;' but where a mort-
gagee dies leaving an infant heir, the mortgagor
must bear the costs of all proceedings necessary to
obtain the reconveyance of the legal estate.

Sale by Mortgagee. — If a mortgagee finds it
necessary to exercise the power of sale in his mort-
gage his solicitor's course of proceeding will be
similar to that pointed out in the chapter on " Sales
of Heal Estate : " ' and after the purchase-money has
been received he will, in the first place, deduct there-
out the costs of and incidental to the sale ; in the
next place, pay the mortgagee his principal and
interest, and any moneys he may have properly paid
for insurance or otherwise, and the balance will be
paid to the mortgagor. In arriving at this balance,
it should be borne in mind that the mortgagor must
pay the expense of an abortive sale ; ^ and also of an
action of ejectment brought by mortgagee to recover
possession, but not the costs of defending an action
of trespass,* nor the costs of an unsuccessful action
for specific performance of a contract for sale by the
mortgagee.^ Should the mortgagee have been served
with a notice by a second mortgagee of the property

^ Re Wheeler, 1 D. M. & G. 134 ; Ilawhins v. Perry, 25 L. J. (Ch.) 05') ;
lie FhiUips, L. P. 4 Ch. 629 ; Re Sparks, G Ch. D. 3GL
^ Ante, p. 10.

3 SuUo7i V. Rawlings, 3 Ex. 407.
■» Owen V. Crouch, 5 VV. R. 545.
' Peers v. Ceeley, 15 Beav. 209.

78 MOKTGAGES.

his security must be inspected by the vendor's
solicitor, and if it is correct, the balance of purchase-
money, or so much thereof as may be required, will
be paid to such second mortgagee, and any residue
to the mortgagor. In such a case as this, however,
it would be the preferable course before parting with
the money to the second mortgagee to inform the
mortgagor of the intention to do so, and if he assents,
or returns no answer to such notice, the payment
may be safely made.

When selHng under a power of sale in a mortgage
which contains no power of giving receipts, § 23
of Lord St. Leonards' Act ^ will probably meet the
case, and will be found of great utility. See also
§ 12 of Lord Cran worth's Act.^

In some cases it may happen, that after the sale of
the mortgaged property has been completed the
mortgagor cannot be found, or he may be dead, and
it may not be known who are his representatives, or
several claimants may appear, each one requiring
the mortgagee to pay the surplus in his hands to
him, or he may be living and may have given
notice not to pay the surplus to a subsequent mort-
gagee. In any of these cases, if no satisfactory
arrangement can be come to, the better course will
be to pay the surplus into Court under the Trustee
Relief Acts,^ and let the claimants satisfy the Court
as to their claims. This course is justifiable,* and it
will have relieved the mortgagee from all respon-
sibility with respect to the money; and he may

' 22 & 23 Vict. c. 35.

2 23 & 24 Vict. 0. 145.

■^ 10 & 11 Vict. 0. 96, and 12 & 13 Vict. c. 74.

* Eoherts v. Ball, 24 L. J. (Ch.) 471.

TKANSFERS. 79

deduct his charges in the matter out of the fund
before paying it into Court, and the costs of his
appearance, on the petition to take the money out of
Court, will come out of the fund. No undue haste
need be shewn by the mortgagee in paying the
money into Court under the above Acts, as it has
been decided that a mortgagee, selling under a power
of sale and retaining the surplus purchase-money un-
productive in consequence of disputes between subse-
quent incumbrancers, is not chargeable with interest
on such surplus.^

Transfers. — Transfers of mortgages are very fre-
quent. A mortgagee amply secured, and receiving
his interest punctually, may require his principal
money for some purpose. The mortgagor may wish
to continue the mortgage. The requirements of both
are met by a transfer. A third party is sought for,
and, when found, comes into the matter as transferee,
that is, he consents to pay the mortgagee off, and
take a transfer of the mortgage security.

A mortgagee can transfer his mortgage either with
or without the concurrence of the mortgagor, but in
practice the former course is almost invariably
adopted ; first, because unless the mortgagor is an
assenting party to the transfer the costs of it would
have to be borne by the mortgagee,^ and of course
under ordinary circumstances, and where his security
is ample, he would rather proceed to a sale or fore-
closure of the property than be saddled with the
expense of a transfer ; and secondly, it is always

> MaUUson v. Clarh, 4 W. R. 30.
2 lie Badcliffe, 27 L. T. 01.

80 MOETGAGES.

advisable on the part of the transferee that the mort-
gagor should join in the deed, by which in effect a
new mortgage is made from the mortgagor to the
transferee with privity between them, and a new
covenant for payment of the principal and interest is
given.

Where the same solicitor is concerned for all parties
in a transfer the matter is very simple. When in-
structed he will learn whether a further sum is to be
advanced to the mortgagor (as is often the case) or
not, and will prepare his deed accordingly, make an
appointment for the parties to attend at his office,
calculate the amount of principal and interest due to
the mortgagee, get the deed executed by him and
the mortgagor, pay the mortgagee his money and
get the amount of his charges from the mortgagor,
who, as the business is done for his accommodation.
Mall pay all the attendant expense.

If he acts for the mortgagee but not for the trans-
feree, the solicitor of the latter will probably apply
to him for an abstract of the mortgagee's title which,
under ordinary circumstances, will be prepared and
sent to him ; for though a solicitor is not bound to do
so, nor indeed to do any act which possibly might
prejudice the security of his client, the abstract is in
most instances, with respectable parties, furnished as
a matter of course, because it generally happens that
a personal interview has taken place ; or the trans-
feree's solicitor, on applying for the abstract, states
that his client is about to pay off the first mortgagee.
If and when the solicitor of the transferee is
satisfied about the title, he will send the draft transfer
to be perused on behalf of the mortgagee and mort-

TRANSFEE. 81

gagor, and their solicitor or respective solicitors will
accordingly peruse it, with a view of protecting the
rights of whoever he or they may be concerned for,
have the usual copy to keep made, and return the
draft approved (with such alterations, if any, as may
be necessary) to the transferee's solicitor, who, when
the draft is finally approved, will have it engrossed,
and fix an appointment to settle the business at the
office of the solicitor to the mortgagee, which the
parties will attend, and the matter will be completed.
As in the case of a reconveyance it is desirable when-
ever practicable to engross the transfer on the original
mortgage deed.

( 82 )

CHAPTER V.

LEASES.

Introductory. — In preparing a lease a solicitor is
often required to act on behalf of both parties, i.e.,
the lessor and lessee ; and this he may with pro-
priety do in cases where the lessor and lessee them-
selves fix the terms upon which the lease is to be
granted, and in cases where the lessee is willing to
accept the terms proposed by or on behalf of the
lessor. In such cases a solicitor's duty is not of such
a conflicting character as it would be were he con-
cerned for a vendor and purchaser, as the lessor very
often fixes the terms on which the lease is to be
granted, and declines to grant it upon any other
terms.

There are, however, many cases where questions
are likely to arise between lessor and lessee, and it is
scarcely necessary to say that, in such cases, they
should be represented by separate solicitors. It will,
therefore, be convenient to consider separately the
duties incumbent on a solicitor actino- for lessor and
lessee respectively.

Part I. — Duties of Lessor's Solicitor.

Power to lease. — It will be convenient to deal,
first, with the duties of a solicitor when professionally

POWER TO LEASE. 83

concerned for a person about to grant a lease. If
the property is very small, or botli parties are content
to leave the business in the solicitor's hands, there
will be no necessity to prepare any formal agree-
ment ; but in all other cases a preliminary agreement
should be prepared. This agreement should be pre-
pared with care, as sometimes the lessee repents of
his bargain before the lease is granted, and will then
use every exertion to get out of his contract. It
may be useful to mention here the principal points to
be attended to.

The first question to be considered is whether the
intending lessor has power to grant the lease pro-
posed. If he or she is an owner in fee of freeholds
no difficulty will arise, except in the case of an infant
or married woman ; but he or she may be a tenant
for life or in tail of a settled estate, or a mortgagor, a
mortgagee, a copyholder, or only a lessee In all
these cases some care will be necessary, and we will
proceed to consider them separately.

Infant. — Where an infant is tenant in fee or in
tail of real estate, or absolutely entitled to any lease-
hold estate, the Chancery Division of the High Court
of Justice has power to authorize leases of such
estate,^ although the estate may not be a " settled
estate" within the meaning of the Settled Estates
Act, 1877.'

Married Woman. — Where the proposed lessor is a
married woman, not entitled for her separate use,
and not under any such further disability as to render
an application to the Court necessary, her husband

1 1 Wm. 4, c. 65, s. 17.
'' 40 & 41 Vict. c. 18.

84 LEASES.

should concur in the lease, which should be acknow-
ledged pursuant to § 79 of the Fines and Re-
coveries Act/

Settled Estates. — In the case of a settled estate, the
will or settlement should be carefully examined ; and
if it contains a power of leasing, the lease must of
course be in accordance with the power. If it con-
tains no power, resort must be had to the statutory
powers conferred by the Settled Estates Act, 1877.^
If the will or settlement bears a later date than the
1st of November, 1856, the tenant for life can under
§ 46 grant leases for various terms according to
the nature of the lease. Under wills or settlements
dated prior to the 1st of November, 1856, a petition
to the High Court of Justice will be necessary.
§ 4 enables the Court to authorize leases of j^ro-
perty in settlement upon certain conditions men-
tioned in that section; and the Court ^ may either
approve of particular leases, or make an order vesting
powers of leasing either in the existing trustees of
the settlement or in any other persons. All applica-
tions to the Court under this Act are to be by
petition to the Chancery Division.* §§5 to 15 in-
clusive of the same Act also contain other provisions
as to leases authorized by the Court.^

Mortgagor. — Should the property be in mortgage,
it must be borne in mind that the mortgagor alone
cannot make a lease binding on the mortgagee,"

1 3 & 4 \Vm. 4, c. 74.

MO & 41 Vict. c. 18.

3 Sect. Jo.

•• Sect. 23.

" See Greenwood's R. P. Stat. pp. 162-171.

"^ See Lo'j:s v. TrJford, 1 Ap. Ca. 41.'").

POWER TO LEASE. 85

although in such a case the lease would be binding
upon the mortgagor by estoppel ; but a lessee claim-
ing under a lease granted by a mortgagor, after the
execution of the mortgage, will be protected in pay-
ing rent to the mortgagor until he receives notice
from the mortgagee to pay the rent to him ; and even
if he has received such notice, but has not actually
paid the rent to the mortgagee, the receipt of such
notice will be no answer to an action by the mort-
gagor for the rent.^

Mortgagee. — On the other hand a mortgagee has
properly speaking, no power to grant a lease, unless,
the mortgage contains a power enabling him to do
so ; but if the lease granted by him be a beneficial
one to the estate and for an ordinary term, and
such as a prudent man would grant if the property
were his own, it would probably be supported in
equity; and one should not hesitate in advising a
mortgagee to adopt this course if it were the only
one by which he could make the property productive.
If the mortgage contains an express power enabling
the mortgagee to grant leases, it will only be neces-
sary to see whether the lease proposed to be granted
is within the terms of the power. It is very seldom
this power is found in mortgages of small properties ;
but in a mortgage of a large property it should never
be omitted.

The proper course, in the absence of an express
power, is to make both the mortgagor and mortgagee
parties to the lease. The mortgagee by direction of
the mortgagor will demise, and the mortgagor will
demise and confirm the property to the lessee. The

1 Wilton V. Dunn, 17 Q. B. 1^94.

86 LEASES.

rent will be reserved generally in this form : " Yield-
ing and paying therefor yearly during the said term

the rent of £ ," as the law will carry the rent to

the party for the time being entitled to the property,
it being unnecessary to mention in the reddendum
the name of the person to whom the rent is to be
paid. Sometimes a proviso is inserted that the rent
may be paid to the mortgagor until the lessee shall
receive notice requiring him to pay it to the mort-
gagee.

Copyliolds. — With respect to copyhold property it
will, as a rule, be necessary to obtain a licence from
the lord of the manor before the lease is executed, as
the grant of a lease by a copyhold tenant, without
previously obtaining a licence from the lord of the
manor, may be a forfeiture of the copyhold. In this
case, it will only be necessary to write to the steward
of the manor for a licence, informing him of the
names of the parties, the property to be demised,
and the term to be granted, and he will forward a
licence to grant the lease, for which he will charge a
fee, and a small fine will also generally become pay-
able to the lord. These fines and fees, if not other-
wise provided for by the agreement, must be paid by
the lessor.

A licence to demise for more than a year is neces-
sary in most cases ; but there are a few exceptions :
for instance, in the manor of Highbury, in the county
of Middlesex, a copyholder may grant a lease for
twenty-one years without licence ;^ and in the manors
of Stepney and Hackney a copyholder may grant a
lease for thirty-one years and four months in pos-

^ Rawstune v. Benthi/, 4 Bro. C. C. 415.

PREPARATION OF AGREEMENT. 87

session without a licence, so that the lease be pre-
sented to the homage, and entered on the court rolls
at the first or second court after making it.^

Leaseholds. — A lessee can, of course, only grant an
underlease ; and, for his own protection, it must be
granted upon terms similar to those upon which he
holds the property.

Preparation of Agreement. — In cases where an
agreement is necessary it must contain the terms
on which the lease is to be granted, and in preparing
an agreement of this nature, general words or expres-
sions should not be used. The agreement is pre-
pared by the lessor's solicitor, who must, if acting for
a limited owner, take care to insert all necessary
restrictions, and if not, make particular inquiry of
his client whether the lessee is to be restricted from
carrying on any particular trades or businesses, or
any trade or business at all on the premises, whether
he is to be restricted from having any sale of house-
hold furniture or other things thereon, whether he is
to be restricted from assigning or parting with the
lease or the possession of the premises for the whole
or any part of the term, without the licence of the
lessor, and also as to any other special covenants it
may be necessary to insert, as all these should be
concisely mentioned in the agreement. All this may
be done, and the agreement still comprised within
reasonable limits.

Where the agreement is for an underlease, the
best course will be to read the covenants in the
original lease to the person intending to take such

^ Scriven on Copyholds, 5th ed., p. 330.

88 LEASES.

underlease, and then express in the agreement that
the underlease is to contain similar covenants to those
in the lease under which the lessor holds the pro-
perty ; and it may be advisable to state in the agree-
ment that such lease has been previously read over
to the lessee, after which it will only be necessary to
state shortly what other covenants (if any) are to be
inserted.

With respect to the production of the lessor's
title, where the agreement is silent as to it, the lessor
need not now, if a freeholder, produce his title.^ But
where the lessor is not a freeholder the result of the
decisions appears to be that, though the lessee could
not compel its production, he could recover damages
for breach of contract ;" and the lessor could not, if
he refused to furnish his title, enforce specific per-
formance of the contract to take the lease. In such
cases, therefore, the right to production or investi-
gation of the lessor's title should be expressly ne-
gatived.

Should the intended lease be for building purposes,
it will be necessary to insert stipulations as to making
roads, sewers, pavements, &c., and for the lessee's
fencing off the demised land from the other land of
the lessor within a given time. If, on the other
hand, it is an agricultural lease, or a lease of a house
with farming land attached, it will be necessary to
state in the agreement the manner in which the
lessee is to use the land, and also as to the state of
of cultivation, &c. ; but whatever may be the nature
of the property, care should be taken, unless the

1 Vendor and Purchaser Act, 1874 (37 & 38 Vict. c. 78, s. 2).

2 Stranhs v. St. John, L. R. 2 C. P. 376.

AGREEMENT. 89

parties agree to the contrary, to stipulate id the
agreement that the lessee shall pay the land tax,
sewers rate, tithes, or rent-charges in lieu of tithes,
and all other rates, taxes, charges, and assessments
whatsoever, as, if this be omitted, the lessee may
possibly, and in some cases successfully, resist being
made liable to the payment of the three first-men-
tioned charges. As to whether he is bound to pay
land-tax and sewers rate without express mention
will depend altogether on the wording of the agree-
ment. The cases on this point are collected and com-
mented on in Woodfall's ' Landlord and Tenant ' ;^
Unless the lessee binds himself expressly to pay
tithes, or the rent-charge in lieu thereof, the lessor
probably could not compel him to pay it, but the
safest course is to express concisely in the agreement
what the lessee is and what he is not to do, and to
leave as little as possible to be gathered from infer-
ence or implication. A clause should also be in-
serted that the lease and a counterpart thereof shall
be prepared and engrossed by the lessor's solicitor,
and that the expenses thereof and also of the agree-
ment shall be paid by the lessee. This will prevent
the lessee's sohcitor from claiming to engross the
counterpart.

The agreement being prepared, the lessor's solicitor
will make a fair copy thereof and forward it to the
solicitor of the lessee for perusal, he will return it
approved, and either with or without having altered
it. When it has been finally settled, it will be
engrossed, executed in duplicate, and exchanged, as
pointed out in the chapter on " Agreements." ^

' Pages 529-531. ^ Ante, p. 8.

90 LEASES.

Preparatiox of Lease. —The agreement having
been exchanged, the lessor's solicitor will proceed to
prepare the draft lease, the stipulations to be inserted
in which will be regulated by the agreement pre-
viously entered into. These stipulations, however,
will have to be clothed in appropriate and legal
language as concisely but as clearly as practicable.
Should the lease be of a house, there will be little
difficulty in preparing the draft, as the covenants
generally entered into by the lessee are to pay rent,
rates, and taxes (specifying land tax, sewers rates,
and tithes, or rent-charges in lieu thereof, if any), to
repair and keep in repair during, and to yield up in
good repair at the end of the term, to insure, not to
carry on certain particular trades, or any trade or
business of any description on the premises ; not to
assign or part with the possession of the premises
without the license of the lessor, and any other special
stipulations that it may be considered necessary or
advisable to insert. If the lease is of agricultural or
mining property or of manufacturing premises, the
covenants will be of an entirely different nature.
The forms given in this volume will furnish a guide
for leases of this description of property, but it will
not be safe to rely entirely on them in every case, as
both in agricultural and mining districts the customs
vary considerably, and that which in one county
would be a very appropriate form of lease, would in
another be quite the contrary ; and although the
agreement (if any) may be decisive as to the nature
of the covenants and stipulations to be inserted, it
will afford no information as to carrying it into effect
in a business-like and creditable manner.

COVENANTS. 9 1

A lease is sometimes granted under a power, in
wliicli case the power may be recited or the lease
prepared in the common form. It is of little import-
ance which course is adopted, although, if the lease
is a valuable one or of extensive property, it is usual
to shortly recite the power and make the lessor
demise, &c. (following the words of the power), in
pursuance thereof ; but, in any case, the conditions
under which the person empowered to grant the
lease is enabled to do so, must be strictly complied
with.

Covenants. — Should the agreement express that
the lease is to contain ordinary covenants, or, wliicli
is much the same thing, be silent as to the cove-
nants to be inserted, then it is advisable only to
insert the ordinary covenants, as the lessee's solicitor
will be sure to object to any others being inserted.
The usual covenants are to pay rent, rates and taxes
(except land tax, sewers rate, and tithes or rent-
charge in lieu of tithes), to repair during the term,
and to yield up the premises in good repair at the
end of the term, that the lessor may from time to
time during the term enter on the premises to view
the state of repairs thereof, and that the lessee will
repair within a given time (usually three months
after notice). Also a covenant by the lessor for quiet
enjoyment.^ Whether the agreement be to grant a
lease to contain " ordinary " covenants or " usual "
covenants, or contains no mention of covenants, or
the agreement be only verbal, the above are the
covenants that the lessor could insist upon. In a

' See Davidson, vol. v, part i, p. 53.

92 LEASES.

lease of agricultural property, granted under such an
agreement, the covenants would be those usually
inserted in leases of similar property in the neighbour-
hood, and probably even with respect to the lease of
a house, to be granted under such circumstances, the
locality would to a certain extent be taken into con-
sideration, and a covenant not to use the premises as
a shop, or to carry on any trade or business, would
be considered a usual covenant in a lease of a house
in one of the principal residential streets at the west
end of London, though not in a trading street. But
it is clear the lessor could not require the lessee to
enter into a covenant to insure the premises or not
to assign or underlet without license, or to contribute
towards planting and keeping in condition any in-
closed piece of ground, or covenants of a similar
nature.

Completion^. — Having prepared the draft lease,
the lessor's solicitor will make a fair copy of it ; and
send it to the solicitor of the lessee for perusal. He
will return it, and if no alterations are made, or none
that can fairly be objected to, the next step will be to
engross the lease. Sometimes a long correspondence
and several interviews take place before the draft
lease is finally settled.

The draft lease having been engrossed, together
with a counterpart thereof, the draft and engrossments
must be forwarded to the lessee's solicitor ; but if
there is no agreement, or if it is silent as to who is
to engross the counterpart, the lessee's solicitor may
claim to do this, although it is not usually done.

After comparing the engrossment with the draft

COSTS. 93

lease, the lessee's solicitor will return it for execution
by the lessor ; and if he has engrossed the counter-
part, he will forward such engrossment at the same
time, in which case it must be compared with the
draft, and returned to him for execution by the lessee.
The lessor's solicitor's costs relating to the transaction
should be Forwarded to the lessee's solicitor about
this time, in order that he may have an opportunity
of examining them, and, if necessary, obtain the
amount of his client. After the execution of the
lease by the lessor, his solicitor will make an appoint-
ment with the lessee's solicitor for the completion of
the matter at the office of the former. At this meet-
ing, the lease will be exchanged for the counterpart,
after having seen that it is duly executed and attested.
The lessee's solicitor will pay the costs, and the matter
will be completed.

Costs. — The costs of the lease, as well on the part
of the lessor as the lessee, must be paid by the latter,
unless there is an agreement to the contrary ; but tlie
costs of the lessor's solicitor, respecting the negotia-
tions for granting the lease, or, in the case of copy-
hold property, the steward's fees for granting a
licence to demise, do not form any part of these costs.
As against the lessee, the costs of the lessor's solicitor
should, in the absence of any agreement to the con-
trary, commence with "instructions for lease," and
include all the costs incurred by the lessor in respect
of the lease, up to the completion of the matter. If
a plan is made and referred to in the lease, the lessee
must pay the costs of it. In some cases a special
agreement is made for the lessor and lessee to pay

94 LEASES.

the costs in equal sliares : and this is by no means an
unfair arrangement.

Part II. — Duties of Lessee's Solicitor.

Perusing Draft Lease. — We will now consider
tlie duties of a solicitor who has received instructions
to peruse a draft lease on behalf of an intended
lessee. The draft lease is always prepared by the
solicitor of the lessor, and he forwards it to the
solicitor of the lessee for perusal. On receiving the
draft, the latter should, as acting for the lessee
(unless already satisfied that the premises, the rent,
the duration of the lease, and the covenants are
according to the instructions received from his
client), make an appointment with him for reading-
through the draft ; or, if he lives at a distance, send
it to him for perusal. In either case his solicitor
should call his attention to any covenants or stipula-
tions he may think objectionable, and inform him
whether they can be insisted on by the lessor, and
take his instructions accordingly. The first thing
his attention will be directed to is to see that the
premises are correctly described and that the cove-
nants are not of a nature calculated to interfere with
the full enjoyment of the property by the lessee,
although in the majority of cases he will not be able
to do more than obtain some slight modification of
any objectionable covenants, and in others he will
not be able to obtain any modification at all : it may
happen that the person granting the lease is himself
a lessee, in which case, as a matter of course, all the
covenants and stipulations under which he holds the

COVENANTS. 95

property will be repeated in the lease lie is granting.
In other cases the only course will be to tnrn to
the written agreement, if there is any between the
parties ; and should no agreement have been entered
into, it will be for the lessee, if his solicitor is unsuc-
cessful in obtaining a modification of the objection-
able covenants, to elect whether or not he will take
the lease ; and in assisting him to make his election
the nature and probable operation of the covenants in
question should be fully explained to him. If, how-
ever, the parties have entered into a prior binding
agreement, then the terms of such agreement must be
carried out, as the lessor will be able to enforce
specific performance of it.

Covenants. — The covenant frequently inserted in
leases prohibiting the lessee from assigning or under-
letting or parting with the possession of the premises
for the whole or any part of the term, without the
written consent of the lessor, is very objectionable,
and seriously affects the marketable value of the pro-
perty. This covenant is unreasonable, inasmuch as
its tendency is to restrain the lessee in the enjoyment
of the property and the free alienation thereof, and
ought never to be consented to in a lease of ground
intended to be built upon. Take the case of a man
having a field which other persons wish to erect
buildings upon ; this is neither more nor less than a
sale of the property for so many years under certain
conditions ; but, instead of receiving the considera-
tion money at once, the lessor prefers to reserve
a yearly payment, and the understanding implied
between the parties always is, that the one shall give

96 LEASES.

up possession of the land to the other for a certain
term at a ground rent in consideration of such other
erectino- buildings on the land and consenting to
certain stipulations, the breach of any one of which
will enable the lessor to recover possession of the
property. The lessee ought to be unfettered as to
his enjoyment of the property and the free disposal
of it, and it is unfair on the part of the lessor to
insist on the lessee obtaining his sanction before he
can deal with it. It is clear that, by the erection of
a house or other building on the land, the lessor is
always sure of his ground rent, which bears but
a small proportion to the annual value of the pro-
perty ; and the covenants in the lease will always
enable the lessor to insist on the premises being kept
in good repair and free from damage by fire, in
order that at the end of the term he may enjoy the
benefit of the outlay of the lessee : and the original
lessee remains liable on the covenants, even after he
has assigned.

That is all that a lessor ought to ask for : but even
should he wish to go a step further, the extent should
be to require the lessee or assignee to furnish him
with a copy of every assignment, within a given
time after its execution, or, which is better still,
to furnish the lessor with the date of the assignment
and the name and address of the assignee, so that he
may know from time to time who is the tenant of the
property. This is not an unreasonable request, and
it leaves the lessee in the full, unrestrained enjoy-
ment of the property.

If, however, the covenant not to assign be inserted,
a proviso should be added at the end of it that the

PREPARATION OF DRAFT. 97

consent of the lessor to any assignment or underlease
shall not be capriciously or unreasonably withheld,
nor withheld at all to a responsible assignee, and this
is the next best step to obtaining the total omission
of the covenant.

In some cases the solicitor to the lessor will insert
a covenant that all assignments and underleases shall
be prepared by him. This is a most unfair and
unjust covenant, inasmuch as it does not in any way
add to the security of the lessor, and the only effect
of its insertion is to put costs in the solicitor's pocket.
It is not very often, however, at the present day, that
such a covenant as this is inserted ; but where it is
inserted it is binding, and a breach of it would cause
a forfeiture of the lease. It is^ however, generally
found that the lessor's solicitor M-aives his right to
the preparation of the deed on receiving a fee of two
or three guineas. A more reasonable covenant in the
case of a large estate is that every assignment and
imderlease shall be registered or docketed at the
office of the lessor's solicitor, so that he may always
know who is the occupier of every house.

Where the lessor is a copyholder it will be advis-
able for the lessee's solicitor to inquire what interest
the lord has in the manor, because should he only
have a partial interest, i.e., be tenant for life without
express power to grant licences to demise, the licence
by him will only exist so long as his interest exists ;
for instance, if the lord be a tenant for life without
power to grant licences to demise, and he should
grant a licence to demise for twenty-one years, and
live only seven years after the date of the lease, it
will be necessary to obtain a new licence from the

98 LEASES,

remaiuderman on his coming into possession. As to
this see § 9 of the Settled Estates Act, 1877/

If the lease in question is of coal or iron mines, the
lessee's solicitor will, unless there is an express stipu-
lation to the contrar}^ be careful in inserting a pro-
vision for cesser of rent, in case the mine is exhausted,
or becomes unworkable during the term. This is not
an unfrequent case. The lessee may have formed an
erroneous opinion as to the quantity of coal or iron-
stone or other mineral to be obtained, or the mine
may become filled wath water, and this may arise
from various causes, or become otherwise unwork-
able. Now, in leases of this description of property,
there is invariably a minimum rent reserved, and the
ordinary reddendum clause would bind the lessee to
pay such rent, notwithstanding the mines had become
exhausted or unworkable until the expiration of the
term granted by the lease ; and this w^ould be so,
although the lessee could establish his inability to
reap one farthing's benefit from the mine, A case
has come under the writer's notice, where a person
who took a lease of a colliery as trustee for persons
who afterwards abandoned it, was compelled to pay
a minimum rent of more than £1000 a year. This
is a matter of such a serious natuie in mining leases,
that it excites one's surprise how professional men
residing in the neighbourhood and advising the
lessee, can omit to provide for it; but that such
omission very frequently takes place, is proved by
many cases, both reported and unreported.^

1 40 & 41 Vict. c. 57.

'^ Clifford V. Watts, L. E. 5 C. P. 577, 587 ; Bex v. Bedworth, 8 East,
387 ; Mellers v. Devonshire, 16 Beav. 252 ; Ridgway v. Sneyd, K. 027.

COUNTERPART. 99

The proviso to be inserted on the part of the lessee
should be to the effect, that in case the mine should
become exhausted or unworkable at a profit to the
lessee, at any time during the term, he should have
power to determine the lease on giving six months'
notice to the lessor of his desire to do so.

Counterpart — Fiigrossment.— Hdiving perused the
lease and made such alterations as are necessary or
advisable, it must be returned to the lessor's solicitor,
and after the draft is finally approved of, he will en-
gross it and forward it to the lessee's solicitor for
examination ; but, unless so expressed in the agree-
ment (if any), the lessor cannot require a counterpart
of the lease to be executed at the expense of the
lessee : he may require the lessee to execute a coun-
terpart, but it must be at his own expense, and if the
agreement states that the lease is to be prepared by
the lessor's solicitor, and that the lessee shall execute
a counterpart thereof, and pay the costs of the lease
and counterpart, then, although it is not always the
practice to do so, the lessee's solicitor is entitled to
engross the counterpart of the lease, and forward it to
the lessor's solicitor for examination ; as although the
latter prepares the lease as a matter of right, yet, so
long as the counterpart is executed by tlie lessee and
handed to the lessor, he gets what the agreement
binds the lessee to give him. If this course is adopted
the counterpart can be engrossed from the lessee's
copy of the draft lease, but notice ought in fairness
to be given to the lessor's solicitor of the intention of
the lessee's solicitor to engross the counterpart, on
returning to him the draft lease.

II 2

100 LEASES.

Completion. — With respect to the completion of
the matter, a meeting may be arranged with the
lessor and lessee at the office of the solicitor for the
former, or the lease and counterpart may be pre-
viously executed, and an appointment made by the
solicitors for exchanging the counterpart for the
lease. The latter is the more usual course.

On exchanging the lease and counterpart it should
be seen that the lease is properly executed and
attested, and, in the case of a house or other build-
ings, the keys should be handed to the lessee unless
possession has been previously given. It is also
usual to pay to the lessor's solicitor the amount of
his charges, a bill of which should have been previ-
ously delivered. The better plan is to request him to
send his costs at the same time that he forwards the
engrossment of the lease, in order to enable them to
be examined before the appointment for completing
the matter, as, in case the lessor and lessee are present
at the completion, it is unpleasant to have any dispute
about the charges, notwithstanding the lessee's soli-
citor may feel it necessary to perform his duty in
objecting to some of the items in the bill of costs.

Registration. — If the lease comprises property in
Middlesex or Yorkshire, but does not exceed twenty-
one years, the lessee being the actual occupier, or
reserves a rackrent {i.e., the full annual value of the
premises), it will not require registering ; but if for
more than twenty -one years, in cases where the occu-
pation does not go with the lease, or when the rent
is less than the full annual value, as in the case of
building leases, it must be registered. A lease, con-

EEGISTRATION— STAMPS. 101

veyance, or assignment of property situate in the
city of London or any of the Inns of Court does
not require to be registered, these places not being
within the scope of the Act establishing the registry
for the county of Middlesex. By the Land Transfer
Act, 1875, no document relating to any land in
Middlesex or Yorkshire which is registered under
that Act need be registered in the local registries.

It is no part of the duty of the lessor's solicitor to
register the lease ; the registration or putting it on
record is for the lessee's security, and it cannot by
any means benefit or injure the lessor, whether regis-
tered or not. In this case, therefore, the lessee's soli-
citor will prepare a memorial of the lease, and get it
signed by his client, at the same time p,utting an
extra seal on and obtaining the execution of the lease
by him. But if an intimation has been given that
the lessor will be present at the time of completing
the matter, a memorial of the lease can be executed
by him, and this will avoid the necessity of the lease
being executed by the lessee. The memorial must
be attested by two witnesses, one of whom must be an
attesting witness to the execution of the lease.

Stamps. — Where there has been an agreement
in writing for a lease such agreement should be
stamped as a lease ; and the lease will, then, only re-
quire a 6c?. stamp. See § 96 of the Stamp Act, 1870.^
In other cases, the lease must bear an ad valorem
stamp which varies according to the term and the
rent. On leases for less than thirty-five years, the
stamp duty is 6(/. for every £5 of rent up to £100,

• 33 & 34 Vict. c. 97.

102 LEASES.

and afterwards 5s. for every additional £50. For
terms between thirty-five and one hundred years the
duty is 35. for every £5 up to £100, and then oOs. for
every additional £50 ; while for terms exceeding
100 years, the duty is doubled, being 65. for every
£5 up to £100 and £3 for every £50 beyond.

With regard to leases for less than a year it should
be borne in mind that on leases of houses at a rent
not exceeding £10 the stamp duty is only Id., while
on leases of furnished houses at a rent exceeding £25
the duty is 29. 6d. For this, adhesive stamps may
be used if cancelled by the person who first signs. ^

» 33 & 34 Vict. c. 97.

( 103 )

CHAPTER YI.

COPYHOLDS.

Copyhold Tenure. — It appears somewhat like an
anomaly in the latter half of the nineteenth century
to find that there is property in this country which
is neither freehold nor leasehold, nor transferable
direct from one party to another, but by the medium
of a gentleman called a steward (usually the family
solicitor of the lord of the manor), that such property
is held by the purchaser by the tenure of a rod at
the will of the lord according to the custom of the
manor, and that the usual mode of transfer is by
means of a surrender to the steward in this wise : —
The vendor and purchaser and their respective soli-
citors meet together at the office of the steward of
the manor, when the following ludicrous scene takes
place : — The vendor takes in his hand a ruler, or a
walking-stick, or an umbrella, and repeats after the
steward, " I, A. B., in consideration of, &c., surrender
such and such property (naming it) to the lord of
the manor to the use of C. D., in token whereof I
deliver you this rod," whereupon he gravely hands
to the steward the walking-stick or umbrella. It is
now the steward's duty to take the active part, and
accordingly he says to the purchaser (holding out, as
he speaks, the walking-stick or umbrella), " T, E. F.,

104 COPYHOLDS.

in the name of the lord of the manor, do admit you,
C. D., tenant of such and such property, this day
surrendered to your use by A. B., in token whereof
I deliver you this rod," and accordingly he hands
the umbrella or walking-stick to the purchaser, who
ipso facto becomes seised in fee, according to the
custom of the manor, of the property he has bought.
The purchaser thinks all this uncommonly droll, and
rather likes it than otherwise ; but his eyes presently
become very considerably opened — he wants to grant
a lease of the whole or a portion of the property, or
to cut timber growing upon, or dig valuable mines
which may lie under his property ; but if he were
rash enough to do this without first obtaining the
consent of the lord of the manor and paying certain
fines and fees, his property would in most cases be
absolutely forfeited to the lord, who could eject him
therefrom as easily as a lessor could eject a lessee for
breach of covenant. Or, supposing the purchaser
does not think fit to lay out his money in keeping
his property in repair, but prefers to let it remain
out of repair, it is also a cause of forfeiture, and the
lord of the manor may seize it. The more the copy-
holder expends upon his property the greater the
benefit to the lord ; for instance, a piece of land in a
manor where the fine is arbitrary may be worth 205.
per annum ; in this case, on admittance, the lord of
the manor at the utmost could demand as a fine the
sum of 11. Upon this land, the copyholder may erect
buildings worth 100^. per annum. Immediately
after he finds that if he sells the property the pur-
chaser must pay on admittance, or, if he dies without
having sold the property, his heir or devisee must

PURCHASE. 105

pay on admittance, to the lord of the manor 200/.
instead of 21. as before, and that, not because of any
exertions or outlay on the part of the lord, but solely
because of the exertions and expense of the owner of
the property. Such a tenure, to say the least of it,
savours greatly of absurdity, and it is astonishing, in
these days of general progress to find its existence ;
it should, so far as this country is concerned, have
disappeared with the mammoth and the elk.

Although many Acts have been passed of late years
to facilitate the extinction of copyhold tenure, there
is still much copyhold property in this country, the
practice respecting which, although by no means
difficult to master, is less understood than that relat-
ing to any other branch of conveyancing. As there
can be no doubt that for some years to come a know-
ledge of this practice will be necessary, the following
remarks may prove useful : —

Purchase. — Suppose that a client has purchased
an estate of copyhold tenure, it is of no consequence
for the present purpose whether he has purchased by
public auction or private contract : on receiving the
abstract, his solicitor will perceive what manor the
property is part of; and on afterwards examining the
abstract of title with the copies of court roll, at the
office of the vendor's solicitor, in the usual manner,
he will learn from those copies the name of the
steward of the manor.

Searches. — It will be necessary to make an appoint-
ment with the steward, to compare the abstract with
the court rolls, i.e., to search the court rolls, in order
to discover whether the abstract contains particulars

106 COPYHOLDS.

of every act that has been done respecting the title
since the period of its commencement on tha
abstract. This is of equal importance to that of
searching at the register office, on the purchase of
an estate situate in a register county, as the court
rolls are tlie only means of discovering what dealings
have taken place respecting the property in question.
If on searching the rolls it appears that the property
has been dealt with in any manner inconsistent with
the abstract of title, such inconsistency must be
pointed out to the vendor's solicitor, and he should
be required to amend the abstract accordingly.

Purchase — Inquiries. — Having finished the ex-
amination of the court rolls, it will probably be found
necessary to make inquiries of the steward respecting
the customs of the manor. For instance, the abstract
may shew that A. B. was admitted tenant as heir of
C. D., or that a recovery has been suffered, or a sur-
render made and admission taken thereon, in order
to bar a recovery. Now, in any of these cases, it will
depend on the custom of the manor whether or not
a good title be shewn. In the first-mentioned case
inquiry must be made of the steward as to the usual
course of descent in the manor, wliether according to
the common law or otherwise, for in some manors the
eldest son is heir, in others the youngest, following
the custom of lands of borough English tenure.
Sometimes the custom carries the property to the
second son, and sometimes to all the sons according
to the custom of gavelkind. It is manifestly, there-
fore, of great importance to make these inquiries of
the steward, as the title may dejiend upon a parti-
cular person being properly admitted: for, although

PURCHASE. 107

the eldest son may have been admitted as lieir-at-
law, yet if, according to the custom of the manor,
the youngest or second son is the heir, such admit-
tance gives no title to the eldest son ; it is simply of
no force whatever. In the cases secondly mentioned,
viz., the barring of an entail, it will be necessary to
inquire of the steward wdiether it has been perfected
according to the custom of the manor. In some
manors a recovery w^as formerly suffered at the copy-
hold court in precisely the same manner as in the
superior courts, while in others an entail was barred
by forfeiture and re-grant, or by a new surrender
and admittance ; and in any dealing with copyhold
property, and any question arising on the title to it,
before the Fines and Recoveries Act^ came into
operation, it will still be necessary to make these
inquiries.

Since the above Act, legal estates tail in copyholds
can be barred only by surrender, but equitable estates
tail may be barred either by surrender or deed.^
The provisions with respect to the protector apply to
copyholds, and the consent of the protector may be
given by deed entered on the court rolls of the
manor, or personally to the person taking the sur-
render of the tenant in tail.^

Should an equitable tenant in tail bar the entail by
deed, such deed must be entered on the court rolls of
the manor, but need not be enrolled in Chancery.*

It is not uncommon for a purchaser's solicitor to

' 3 & 4 Wm. 4, c. 74-.

" Sects. 51, 52.
* Scct^. 53, 54.

108 COPYHOLDS.

refrain from making these inquiries, under the im-
pression that the steward would always have taken
care to see that the right person was admitted ; but
this is by no means the case, as it must be remem-
bered that the steward is bound to admit any person
shewing a colourable title ; and in some few manors
it is the custom to admit any person who will pay
the fine and fees, the steward knowing that the mere
fact of admission gives no title whatever. The
proper and safer course is to make these inquiries of
the steward. There is yet a further inquiry to be
made, and that is as to freebench, which corresponds
in copyhold tenure to dower in freehold tenure.
This only arises by special custom, and varies in
different manors. You should learn whether the
widow of a co]3yholder can claim dower out of land
of which the husband was seised at any time during
the coverture, or only out of land of which he died
seised. This freebench is a serious matter, as in most
manors it entitles the wife to one-half, and in others
to the whole estate during her life.

Purchase — Requisitions. — These preliminary in-
quiries having been satisfactorily disposed of, the
requisitions on the title (if any) should be forwarded
to the vendor's solicitor, and the proceedings thereon
will be much the same as on a purchase of any other
description of property.

The inaccuracy of the description of property on
the court rolls is so well known, that, even in the
absence of any stipulation as to identity, a vendor
cannot be required to identify the property con-
tracted to be sold with the description of it on the
court rolls, but he must shew that the property has

PURCHASE. 109

been actually held under such a description.^ But
where freehold and copyhold property are sold to-
gether, the purchaser can require the vendor to
distinguish the boundaries of the copyhold land, and
to state which part is freehold and which copyhold,
unless there is a stipulation to the contrary.^ If,
therefore, a solicitor is intrusted by a client to sell
freehold and copyhold property, which have been
held together for a long period, he should insert a
stipulation restricting the purchaser's right to have
the boundaries of each distinguished.

While on this subject it may be useful to call
attention to the importance of having all the copies
of court rolls (which are, in fact, the copyholder's
title deeds) satisfactorily accounted for. It some-
times happens that the vendor has not all the copies
of court rolls in his possession, and can give no
account of their absence ; in such a case it will be
j^rudent to decline completing the matter until a
satisfactory explanation has been given of the missing
copies ; for, should they have been deposited as
security for an advance of money, it would make a
good equitable mortgage.^ If the vendor cannot
account for the copies of court rolls not being in his
possession, and the purchaser has no notice of their
having been deposited, and nothing appears on the
court rolls in the nature of a charge on the property,
and after making every inquiry a prudent man
ought to make, nothing is discovered to lead to the

1 Long V. Cullier, 4 Euss. 267.

2 Cross V. Lawrence, 9 Hare, 462 ; Dawson v. Brinkman, 3 Mac. & G.
53 ; 3 De G. & S. 385.

» Whifhread v. Jordan, 1 Y. & C. 301,

110 COPYHOLDS,

supposition that tbey have been deposited by way of
security, the purchaser would probably be safe in
completing the matter. The circumstances of every
case of this nature must influence the advice given
to the purchaser and his course of action. Should
the vendor have been in possession for some years,
and be a responsible man, or if the earlier part only
of the copies of court rolls are missing, there cannot
be much risk in completing. It may sometimes
happen that the missing copies are with the steward,
for tbiere are few stewards who have not in their
possession many copies of court rolls which have
never been asked for, and doubtless many purchases
have been completed without any inquiry, or, if any
inquiry has been made, without any satisfactory
explanation as to the custody of the missing copies.
This is, however, a matter of much more importance
than it is sometimes thought, and it is wise always
to keep on the safe side with respect to these copies
of court rolls.

Purchase — Conveyance. — The purchase will pro-
ceed in much the same manner as a purchase of any
other description of property ; but as soon as the
time arrives for the preparation of the necessary
assurances for carrying the contract into effect, a
widely different course of practice becomes necessary.
Instead of preparing a draft conveyance or assign-
ment, a draft surrender will be necessary — a sur-
render being the only instrument that has any
operation on copyhold property — and as a surrender
cannot contain any covenants or other stipulations in
the nature of covenants, it is usual to prepare a deed
to bear even date with the surrender, containing, in

PURCHASE. Ill

the case of a sale, the usual recitals and vendor's
covenants for title, and in the case of a mortgage the
recitals, mortgagor's covenants for title, &c., and
power of sale ; and this is the most proper course,
the surrender being nothing more than an instrument
whereby the vendor or mortgagor divests himself of
the legal estate in the property, and the use limited
by the surrender is the direction to the lord of the
manor to admit the person in whose favour the
surrender is made.

With respect to copyhold property settled on a
marriage or otherwise, tlie court rolls seldom shew
anything more than a surrender, by A. to B., and
E.'s admittance. The trusts on which the property
are to be held, and the numerous provisions usually
contained in settlements, are generally declared by a
separate document. Many stewards of manors will
not allow any trusts whatever to appear in the sur-
render ; others are not so strict. It is, however, not
usual to declare the trusts in the surrender, but by
means of a separate document.

The customs in many manors authorize the steward
to charge for preparing the surrender, notwithstand-
ing the purchaser's solicitor may have prepared it
himself, and this has been decided to be a reasonable
custom. Knowing this, some practitioners send in-
structions to the steward to prepare the surrender,
instead of preparing it themselves ; but the better
plan is for the purchaser's solicitor to prepare it
himself as, having the abstract before him, he knows
more about the parties necessary to concur in the
surrender than the steward. He may also think it
advisable to have a new description of the property ;

112 COPYHOLDS.

but in this case the steward will invariably insist on
the old description appearing on the surrender as
well as the new one, and considering the loose de-
scription of property found on the court rolls, there
can be no doubt that, unless the old description
appears as well as the new one, it would be almost
impossible on a subsequent sale to identify the one
with the other.

Where freehold and copyhold property are pur-
chased together, the freehold portion will be con-
veyed in the same manner as in an ordinary case,
and the only difference in the form of the draft
will be that the surrender must be recited and the
covenants made to extend to both descriptions of
property, and in this case the Stamp Act requires
the apportionment of the ad valorem duty on the
purchase-money : for instance, if freehold and copy-
hold property are purchased for £1000, so much
must be apportioned for the freehold and so much
for the copyhold, and the conveyance and surrender
stamped accordingly. This apportionment may be
made in any manner the purchaser thinks fit.

It was formerly the practice to execute the deed of
covenant, as it is generally called, first, whereby the
vendor or mortgagor covenanted to surrender the
property at the next copyhold court or out of court ;
but as surrenders are now much more frequently
passed out of court than in court, the usual and more
correct course is to pass the surrender first, and to
recite it in the deed bearing even date, as in this
latter case the covenants run with the land ; but it
is doubtful if they would do so in the former case, in
consequence of the legal estate not being vested in

PURCHASE. 113

the covenantee at the time the deed of covenant was
executed.

When the drafts of the surrender aad deed of
covenant are prepared, they must be fair copied and
forwarded to the vendor's or mortgagor's soHcitor in
the usual manner ; bnt after he has returned the
draft surrender approved, it will be advisable, unless
it has been prepared by the steward of the manor^ to
forward it to him for his approval, as some stewards
are very particular with respect to the form of sur-
render they adopt ; and as a steward is not compelled
to take a surrender in a form materially different
from the one usually followed in the manor, some
delay may be occasioned. The form of surrender,
however, is similar in most manors.

Should the steward approve of the draft surrender,
he will return it to the purchaser's solicitor for en-
grossment, and he will engross it and the deed of
covenants, and forward them to the vendor's solicitor
for examination, and the latter will then make an
appointment with the steward to take the surrender.
This appointment should be at the steward's ofiice,
but, if more convenient to be taken elsewhere, he
will seldom insist on its being taken at his office^ as
the extra fee charged by him for the attendance
elsewhere will compensate him for his trouble.

Purchase — Completion. — An appointment having
been made with the steward for taking the surrender,
either at his office or elsewhere, the purchaser's solici-
tor will make the usual searches as to judgments, &c.,
and inquire as to succession duty (if any) payable, and
if all be satisfactory, will, either with or without his

1 14 - COPYHOLDS.

client according to circumstances, attend the place of
completion. The vendor will either personally or by
attorney (although a purchaser is not obliged to
accept a surrender by attorney) surrender the pro-
perty into the hands of the lord of the manor, by
the acceptance of his steward, and pay all arrears of
quit rent up to the time of passing the surrender, or
such other time (if any) as may be named in the
contract or conditions of sale ; also all rates, taxes,
and other outgoings, in the same manner as on the
completion of a conveyance. This completes the
business on the vendor's part, and it now only
remains for the purchaser to take admittance to the
property surrendered to his use.

It may be useful to mention here, that in cases
where the steward lives at a distance from the place
where the matter is to be completed, it is usual to
write to him for a deputation to take the surrender.
On giving him short particulars of the property,
with the names of the vendor and purchaser, he will
forward to the purchaser's or vendor's solicitor the
deputation, which merely consists of a letter autho-
rizing one of them to take the surrender. It does not
require any stamp or other formality. For this depu-
tation the vendor must pay, as it is usually obtained
for his convenience. The usual fee is one guinea.

After the surrender has been perfected, the steward
will take it with him ; or, should it have been taken
by deputation, it must be forwarded to him, in order
that he may enter it on the court rolls. It is the
best plan on all these occasions to ask the steward
whether it is his practice to keep the surrender. It
is the practice to do so in nineteen manors out of

ADMITTANCE. 115

twenty, but there are stewards who do not. It is not
of much practical importance whether he does so or
not, as he will forward to the purchaser's solicitor a
copy of the entry on the court roll, which is sufficient
evidence of the transaction. If an admittance has
taken place on the surrender, the copy of court roll
will comprise both the surrender and admittance. It
is the practice to pay the steward's fees at the time
of passing the surrender, and, unless there is an
express agreement to the contrary, the purchaser
always pays for both the surrender and admittance,
as the two together form the conveyance of the
property.

Purchase — Admittance. — The admittance may be
taken either at the time of passing the surrender (if
the surrender is taken by the steward) or at any time
afterwards, and either at a copyhold court or any-
where else. If the purchaser is not present at the
completion, his solicitor can take admittance as his
attorney without any power of attorney or authority
from him. After the admittance, which simply
consists in the steward handing a rule or stick, or
some other symbol, accompanied by these or similar
words — " The lord of this manor, by me his steward,
admits you tenant to the premises this day surren-
dered to your use by A. B., in token whereof I
deliver you this rod ;" the whole ceremony is con-
cluded. It is not usual in the case of a mortgage of
copyhold property for the mortgagee to take admit-
tance immediately after the surrender. He can take
admittance at any time, and generally does when he
finds it necessary to take possession of the property,

I 2

i 1 G COPYHOLDS.

receive the rents and profits, or to sell it under his
j)ower of sale. It is quite optional with the mort-
gagee whether he takes admittance immediately or
not. Should he wish to do so, or should you think
it necessary that he should do so, he is quite at
liberty to be admitted ; but it is seldom done, as in
case the mortgagee is admitted, he must re-surrender
to the mortgagor on being repaid his mortgage
money, and this saddles the mortgagor with the fines
and fees on two admittances and a surrender, which
in some manors will amount to a large sum ; whereas
if the mortgagee had not taken admittance, it would
only have been necessary for him, on receiving his
mortgage money, to give a written authority to the
steward of the manor to enter satisfaction on the
court rolls of all moneys due under the conditional
surrender having been paid, on receiving which the
steward enters the satisfaction on the court roll, and
the matter is at an end.

The fine payable to the lord on admission varies in
different manors ; in some it is certain, that is^ a
nominal sum, seldom or never varying ; in others it
is arbitrary, and the fine is generally payable both on
death and alienation.

In the case of an arbitrary fine, the law allows no
more to be demanded by the lord than two years'
improved annual value of the property, that is, where
the custom has fixed it at that amount. In some
manors the custom has fixed the fine at two years
on death and one year and a half on alienation. The
steward will always give any information on this
head. Where more than one person is admitted in
joint tenancy, the fine is increased : thus, suppose

ADMITTANCE. 117

four persons to be admitted as joint tenants, the first
would pay a full fine, i.e., either two years improved
annual value or one year and a half, as the case may
be ; the second would pay half that amount ; the
third, one-fourth ; and the fourth, one-eighth ; all
these added together would make the fine, but in the
case of coparceners, however many, only one fine is
payable.

Tenants in common are admitted severally, and
pay one fine between them, and on the death of
either, his heir or devisee pays another fine, and the
same on the admittance of a purchaser from one of
the tenants in common ; but immediately on the
whole property becoming vested again in one person,
only one fine is payable.'

In some manors heriots become due on the death
of a copyhold tenant. The custom here again varies :
sometimes it is one thing and sometimes another, but
generally it is the best live beast. The heriot is
usually compounded for, and a sum of money paid to
tlie lord in lieu thereof.

In the case of tenants in common, a heriot is due
on the death of each ; but when all the property be-
comes again vested in one individual, only one heriot
can be demanded.

The steward may demand payment of his fees
before admittance, but seldom refuses to admit until
they are paid. The lord, however, has not the same
right, as the fine is not due until after admittance.

Should the steward refuse to admit a claimant,
either on the ground of the fine not being first paid
or on any other insufficient ground, the purchaser's

^ (I'trlund V. Je/cyll, 2 Bing. 273; [Idluwaij v. Bcrktlty, B, & C. 11.

118 COPYHOLDS.

remedy is by application to the High Court of Justice
for a mandamus to compel admittance.

The above remarks will shew that the principal
difference betw-een copyhold and freehold property
consists in the intervention of the steward and the
court rolls; the former is the instrument through
which any dealings with the copyhold property must
be made, and the latter the record of all proceedings
respecting transactions relating to property in the
manor.

Purchases by Corporations. — Where copyhold
property is taken by a railway company, or any
municipal or other public body under the Public
Health Act, it is not necessary or usual to have any
surrender. The property is conveyed by deed pur-
suant to § 95 of the Lands Clauses Consolidation Act,
1845,' as in the case of freehold; and, on payment
of the steward's fees, he is to enter it on the court
rolls, when it is to have the same effect as if the
land had been of freehold tenure ; but, until enfran-
chisement, the lands will continue subject to the same
fines, rents, heriots, and services, as before. § 96
compels the company or corporation to enfranchise
the copyhold land so conveyed within a certain time.
§ 97 applies to refractory lords of manors and to
those who cannot shew a good title; and § 98
applies to an apportionment of the customary rents
where all the copyholder's land is not taken by the
company.

Enfranchisement. — Under § 1 of the Copyhold

1 8 «& 9 Vicf. c. 18.

ENFRANCHISEMENT. 119

Act, 1852/ and § 6 of the Copyhold Act, 1858;^
either the lord of the manor or his tenant may compel
enfranchisement of the copyhold land held by such
tenant; and after such enfranchisement it will be
held by the tenant in free and common socage, i.e.
as ordinary freehold land.

In the case of an enfranchisement of copyhold pro-
perty, the title of the lord of the manor should (unless
there is some stipulation to the contrary) be called
for by the copyholder's solicitor, and inspected in the
usual manner, in order to see if he has power to en-
franchise. He may be tenant for life of the manor,
with power to enfranchise; or the manor may be
in settlement, and the trustees under the settlement
have power to enfranchise ; and in carrying out the
enfranchisement, the terms of the power must be
strictly followed. Should the lord be tenant for
life, without power to enfranchise, he can, under
the authority of the unrepealed provisions of the
Copyhold Acts prior to and incorporated with the
Copyhold Act, 1852, with the consent of the Copy-
hold Commissioners, enfranchise the property : how-
ever, in this case they must be parties to the
deed.^

In the case of an enfranchisement, where the title
is clear, and the aid of the Copyhold Commissioners
is not required, it is the practice for the steward
to prepare the necessary deed, and to forward it to
the copyholder's solicitor, for perusal. The duty of
the latter will be to see that the lord has power

' 15 & 16 Vict. c. 57.

2 21 & 22 Vict. c. 94.

3 See 4 & 5 Vict. c. 35 ; 6 & 7 Vict. c. 23 ; 7 & 8 Vict. c. 55.

120 COPYHOLDS.

to enfranchise, that the property is correctly described,
and tliat proper covenants for title and a covenant
for production of the title deeds are inserted, an
enfrancliisement being, in fact, a purchase of the
freehold.

The Copyhold Act, 1852, has an express provision
to the effect that, notwithstanding the enfranchise-
ment, the copyliolder shall have the same right of
common as he had before.^

It will be necessary to search for judgments, &c.,
against the lord of the manor, and if the manor is
situate in a register county, to search the register for
incumbrances, for a manor is within the Registry
Acts, although copyhold property held of such manor
is not.

In case a solicitor is concerned for a copyholder
seeking to enfranchise, and a difficulty should arise
between him and the steward as to the proper
amount of compensation for fines and fees, the better
course will be to carry it into effect through the
Copyhold Commissioners. Or, if preferred, the en-
franchisement can be carried out altogether through
the commissioners. It is only necessary to send or
write to the Copyhold Commission in St. James's
Square, for their printed instructions and a list of
forms, and these will be immediately supplied. After
reading the printed instructions, no difficulty will be
found in doing what is necessary to carry out the en-
franchisement. It is generally cheaper for the copy-
holder to enfranchise through the medium of the
Copyhold Commissioners, and for his solicitor to
begin with tljem in the first place, than to open a

1 Sect. 45.

ENFEANCHISEMENT. 121

communication with the steward of the manor, who
often wishes to procure as much as possible for his
lord in the sbape of compensation for fines, and as
much as possible for himself in the shape of compen-
sation for fees.

( 122 )

CHAPTER VII.

PARTNERSHIP DEEDS AND DEEDS OF DISSOLUTION.

Part I. — Partnership Deeds.

In some few cases persons join together for the pur-
pose of carrying on a trade or business without any
written document being previously executed : but as
this invariably leads to much difficulty and confusion
at or before the termination of the partnership, it is
always the safest course to have a proper document
prepared, in order that the position of the partners
and their interests in the concern may be defined.

Acting for all Parties. — When concerned for
all the parties intending to enter into partnership, a
solicitor should take down the names and descriptions
of the parties, the time at which the partnership is
to commence, the duration thereof, the mode of
winding up on dissolution either by the death of a
partner or otherwise, the amount of capital, and the
manner in which it is to be brought in, and whether
any partner is to bring in any goods or stock as part
of his capital : whether all or which of the partners
are to give their whole time and attention to the
business, and any other matters which the parties
may wish to have inserted beyond what are to be

ACTING FOR ALL PAETIES. 123

found in the usual and common clauses of a partner-
ship deed. If some little care is taken in obtaining
accurate and full instructions, there will not be much
difficulty in preparing the draft of an ordinary deed
of partnership, or an agreement under hand which
is quite as effectual. In some cases, however, the
intending partners have such unbounded confidence
in each other that it is only with great difficulty that
they are induced to consent to the insertion of the
usual and necessary clauses for their mutual protec-
tion. Afterwards disputes may arise, confidence
vanishes, and if their solicitor has not insisted upon
the insertion of such clauses, both he and his clients
find themselves in a most unpleasant position. When
the draft has been prepared, and fair copied, it
should be sent to one of the partners with instruc-
tions for him to read it over and afterwards to hand
it to the others, or they should all meet at the
solicitor's office for the purpose of having the draft
read over and settled. A solicitor ought never to
take the responsibility of engrossing the draft until
it has been approved by all the partners.

After the draft has been finally agreed upon, the
solicitor will have it engrossed (and he will find
it much the more convenient practice to have
partnership deeds engrossed on parchment folded
bookwise), and then make an appointment for the
parties to execute the deed. This can be a matter of
previous arrangement. Sometimes the deed is exe-
cuted at the solicitor's office, and sometimes at the
counting-house or place of business of the firm. It
is usual to consult the convenience and wishes of
the clients in tlie matter.

124 PARTNERSHIP DEEDS.

After the deed has been executed the partners will
either keep it at their place of business or request
their solicitor to keep it for them for the purpose of
general reference : if the latter, a plain copy should
be made for the use of the partners, to be kept by
them at their place of business.

Acting for One Partner. — The above remarks
apply to an ordinary matter where the same soli-
citor acts for all parties ; but in some cases he may
be concerned for a person about to join another in
partnership, or for a firm about to admit a new
partner, or for such new partner. In the case first
put it will be a matter of prior arrangement between
the solicitor on each side as to which shall prepare
the deed ; the most usual and most equitable arrange-
ment is for both their bills of costs to be added
together and paid by the clients equally, and for
them afterwards to divide the profit on the whole
business ; in this case it becomes quite a matter of
indifference which prepares the deed, but it will be a
graceful act for the youngest to offer to prepare
it, besides being good practice. These deeds are
awkward matters to handle unless the draftsman has
had some previous experience, and one cannot begin
too soon to obtain all the experience he can ; as no
amount of theory can compensate for a deficiency in
practical knowledge, and in partnership deeds a good
deal of practical knowledge is necessary.

The solicitor who prepares the draft will forward
a copy of it to the other solicitor concerned for his
perusal, and afterwards the engrossment for examina-
tion in the usual manner ; and when this has been

ACTING FOR FIRM. 125

done an appointment will be made at one of their
offices (the convenience of their clients being con-
sidered), for all parties to meet for the purpose of
executing the deed. A partnership deed is generally
executed by all the parties together, although, of
course, this is not necessary.

AcTiN'G FOR Firm. — A solicitor concerned for a firm
about to admit a new partner, will probably find that
the latter wishes his own solicitor to look after his
interests in the transaction. In this case the firm's
solicitor will, as a matter of right, prepare the deed,
and forward a copy thereof to the incoming partner's
solicitor for his perusal, and when all points have
been settled and the former has engrossed the draft,
both draft and engrossment will be sent to the latter
for examination.

The appointment to execute the deed will be at
either office or at the firm's place of business. In a
case of this description the general rule is, that each
party pays his own costs.

Acting for Neav Partner. — If, on the other
hand, a solicitor is acting for the new partner instead
of the firm, his position will be reversed, and he will
on receiving the draft either forward it to his client
or get him to call for the purpose of going through
it with him. After perusing the draft it will be
returned to the solicitor who prepared it, and when
all points in dispute have been settled, he will forward
the draft and engrossment for execution, and either
at the same time or afterwards make an appoint-
ment for tlie new partner and his solicitor to attend
and complete the business.

126 DEEDS OP DISSOLUTION.

These matters generally proceed without much
difficulty after the preliminaries are arranged, if
sufficient care is taken in obtaining full instructions
in the first place.

Stamps. — A deed of partnership requires to be
stamped with a IO5. stamp, but ad valorem duties are
necessary if a premium is paid.

Part II. — Deeds of Dissolution.

Dissolution inter vivos. — A dissolution of part-
nership may take place either on a total giving up of
the business by the partners, or on the death of one
partner, or on one partner retiring from the firm.
In the case first mentioned, whether a solicitor acts
for one or both partners, the course before suggested
as to the preparation of the partnership deed will
equally apply. If, on the other hand, the dissolution
is only a partial one, and is confined to a partner
retiring from the firm, and a solicitor is concerned
for the firm, he will prepare the deed of dissolution,
and send it to the solicitor of the retiring partner for
his perusal, and afterwards the engrossment for
examination and execution, as in such a case it is
seldom that the parties meet on the completion of the
business. After execution the two solicitors will
meet together and complete the matter. In this case
the solicitor of each party looks to his own client for
his charges.

Should a solicitor be concerned for a partner re-
tiring from the concern, then the solicitor of the
continuing partners will prepare the deed of dis-
solution and assignment of the retiring partner's

DISSOLUTION BY DEATH. 127

share. This dissolution is, of course, confined to the
retiring partner. The solicitor for the retiring part-
ner will refer to the deed of partnership, for the
purpose of ascertaining what his client becomes
entitled to on his retirement, unless it be a matter of
arrangement between the parties ; and it will then
be his duty to peruse the draft and examine the
engrossment, and perform the duties above pointed
out, as being done by the retiring partner's solicitor,
and he will charge his client with his costs in the
matter.

After a dissolution of the partnership by efQuxion
of time, or consent, notice should be inserted in the
London Gazette and other newspapers, in order that
any person who had been in the habit of dealing
with the firm may not be in a position, after the
dissolution, to say that any subsequent dealings were
entered into and credit given on the faith of the
retiring member continuing to belong to the partner-
ship. This is very important, and, when acting for
a retiring partner, a solicitor should always take care
that it is done.

Dissolution by Death. — If the dissolution of the
partnership is by death, then for whichever party
a solicitor may be concerned, he must turn to the
deed of partnership (and if he is advising the repre-
sentatives of a deceased partner, and does not happen
to have a copy of the deed, he will obtain one from
the solicitor of the surviving partner), in order to see
its provisions in the event of the death of one of the
partners. In some cases the deed provides that, in
the event of one partner dying during the continu-

128 DEEDS OF DISSOLUTION.

ance of the partnership, his representatives shall
assio-n all their interest in the concern to the sur-
viving partner, and that he shall give a bond to such
representatives for the deceased partner's share of
capital in the concern, and in a proportionate share
of profits, or a given sum in lieu of profits, for the
current year. In other cases it goes further, and
provides, in addition, that the surviving partner
shall pay an annuity to the representatives of the
deceased partner for a given period. The usual course
is for the solicitor of the surviving partner to pre-
pare the assignment from the representatives of the
deceased partner, and for their solicitor to prepare
all bonds or other securities which may be provided
for by the partnership deed for securing the share of
capital or the annuity, or both, as the case may be.
If both the share of capital and an annuity are to be
paid, it will be better to have separate bonds. The
share of capital is generally provided to be joaid by
instalments, but the current year's share of profits, or
the given sum to be paid in lieu of profits, is usually
provided to be paid on the execution of the necessary
assignment and bonds. With resjDect to the costs of
these documents, the partnership deed generally pro-
vides for them ; but if it should contain no provision
in this respect, the practice is for the surviving part-
ner to pay his own solicitor's charges for preparing
the deed of assignment, and the costs on both sides
of the preparation and execution of the necessary
bonds ; but the charges of the solicitor of the repre-
sentatives of the deceased partner for perusing and
completing the assignment by his clients are generally
paid by them.

BOYILL'S ACT. ]29

In any case the jDi'evioiis observations as to pre-
paring, perusing, engrossing, and completing the
matter, will apply.

This chapter would be incomplete witlioat some
reference to Bovill's Act,^ under which persons who
do not wish to incur the liabilities of partners, but
are willing to risk a certain amount of capital, often
lend money to traders on the terms of receiving a
share of the profits instead of interest. In cases of
this kind it must be remembered that a contract in
writing ^ is necessary, and that in the event of the
failure of the trader, the lender can recover no por-
tion of his loan, unless it is secured by mortgage,^
until all other creditors have received twenty shillings
in the pound. This Act has not given so much pro-
tection to lenders as many practitioners anticipated,
and further legislation on the subject is imminent.
Meanwhile it is important to bear in mind that,
however clearly an agreement may express the
intention of the parties to enter into the relation of
lender and borrower, they will be held to have
entered into that of partners, with all its attendant
liabilities, if the practical effect of the agreement is
to confer upon the lender the rights and privileges of
of a partner.*

1 28 & 29 Vict. c. 86.
'' Sect. 1.

2 Ex parte Sheil, 4 Cli. D. 789.

* Pooley V. Driver, 5 Cli. I). 458; Syers v. %o-s, 1 Aj). Ca.s. 174; E.r
parte Delhasse, 7 Ch. 1). 511.

( 130 )

CHAPTER yilL

SETTLEMENTS.

Part I. — Marriage Settlements.

Introductory. — There are various descriptions of
settlements ; e.g., those executed before marriage and
those executed after, those bond fide, and those for
fraudulent purposes. Marriage is a good considera-
tion for a settlement executed prior to the marriage,
or even subsequently in pursuance of an ante-nuptial
agreement.

Real Estate — Strict Settlement. — Settlements exe-
cuted in contemplation of marriage may be divided
into two parts, viz., settlements of real estate and
settlements of personal estate. With respect to
the first, it is always desirable, after receiving in-
structions to prepare a marriage settlement, to look
into the title, in order to see what is necessary to be
done before the estate can be settled in the mamrgr
required. Take, for example, tlie case of an intended
marriage of the heir of a family estate. In most
cases the title was examined on the marriage of the
parent, and if that be so, the settlement then exe-
cuted will be the only document requiring attention,
and it will probably be much in the following form : —
Habendum to trustees : To the use of the trustees for

REAL ESTATE — STRICT SETTLEMENT. 131

a term of 500 or some other number of years, upon
trust to secure pin-money to the wife, and subject
thereto to tlie use of the husband for life, remainder
to trustees to secure tiie wife's jointure, remainder to
trustees to secure the portions of younger children,
remainder to the use of the first and other sons of the
marriage in tail male, remainder to the first and other
sons of the marriage in tail general, remainder to the
first and other daughters in the same manner, with
remainder3 over. There may be other terms created
for various purposes, or the uses may be somewhat
varied, but the above will be the main provisions and
are sufficient for our present purpose.

Now on receiving instructions to prepare a settle-
ment, to be executed on the marriage of the eldest
son of the settlor who has attained his majority, and
the father and mother both living, the first thing to
be done will be to bar the entail created by the
existing settlement, and this may be done by the
father and eldest son executing a disentailing deed.
This deed will be between the father of the first part,
the son of the second part, and a nominee of the
third part : it will recite the settlement, and that the
eldest son has attained his majority ; and then the
father and son, in order to bar and destroy the estate
tail created by the settlement and all other estates
tail and vest the estate in manner thereinafter men-
tioned, will convey the estate to the party of the
third part to such uses as the father and son may
jointly appoint.^ The new settlement will be by
another deed, by which the father and son will
appoint the estate to A. B. to the use of trustees for

' See Chapter LK. v. Hi), infra.

K 2

132 MARRIAGE SETTLEMENTS.

a term of, say, 1000 years, remainder to the use that
the son shall during the joint lives of his father and
himself receive a certain annual sum, with powers of
distress and entry for securing the same, remainder to
the use that after the death of the father his widow,
if living, may receive an annuity by way of jointure,
with powers of distress and entry, remainder to the use
of the father for life, remainder to the use of the son
for life, remainder to the use of the trustees for, say,
500 years, remainder to the use of the first and other
sons in tail male, and so on, as in the former settle-
ment, with an ultimate remainder to the use of the
son in fee. Then the trusts of the terms which have
been limited are declared. The first term (1000
years) is declared to be for securing the portions of
the younger children of the father, the second (500
years) for securing the portions of the younger
children of the son, and if any otlier terms are
limited, the trusts will be declared in a similar
manner. Should, however, there have only been
one son of the marriage, or the mother be dead, of
course in the first case no term will be necessary for
securing the portions of younger children by the
father's marriage, and in the second case no provision
will be necessary for securing the mother's jointure.
The above illustration is given simply to draw atten-
tion to what will be required in instructing counsel
to prepare the settlement, as it is very seldom that
such a settlement as the foregoing is prepared in a
solicitor's office ; neither is it expected of the solicitor
that he should prepare it, although there is no reason
why he should not do so if he feels himself com-
petent, and likes to undertake the trouble and respon-
sibility.

KEAL ESTATE — CONVERSION. 133

Having formed a mental outline of the intended
settlement, there will not be mnch difficulty in pre-
paring proper instructions to counsel. On receiving
the draft from counsel, it will be necessary to go
carefully through it, in order to see if it is prepared
in accordance with the intentions of the parties.
This should never be omitted, more especially as tlie
instructions to counsel often consist only of a copy
of the existing settlement, and a statement of the
particulars of the family and of the intended mar-
riage.

Real Estate — Conversion and Division. — If the
property intended to be settled be a small freehold,
leasehold, or copyhold estate^ the object of the parties
is often to benefit the issue equally, and not, as in
the case of a family estate, to entail it. The better
course, in a case of this nature, will be to convey the
property to trustees upon trust, that the husband
may receive the rents for life. This will give him
ample power, and make him quite independent of
the trustees as to the receipt of the rents and manage-
ment of the property, as the difference between a
trust to pay the rents and profits to a person for life,
and a trust that such person shall receive and take
the rents and profits during his life is, that the first-
mentioned trust gives the beneficiary no power over
the property, while the second gives him everv
necessary power over the management of it. The
settlement will then proceed as follows : — Upon trust
after the death of the husband that the wife may
receive the rents during her life, or if the otlier
course is preferred, then that the trustees may })ay

134 MARIUAGE SETTLEMENTS.

the rents to the wife during her life ; and after the
death of the survivor of the husband and wife, upon
such trusts in favour of the children, or other issue
of the marriage to be born during the lives of hus-
band, wife, or life of survivor, or within twenty-one
years after the death of the survivor as the husband
and wife may jointly by deed appoint ; and in default
of a joint appointment as the survivor may by deed
or will appoint, and in default of appointment by tlie
survivor, and subject to any partial or incomplete
appointment upon trust for the children in equal
shares as tenants in common, the issue of deceased
children to take their parents' shares, and in default
of issue, upon any other trusts the parties may wish
to have inserted. Care must be taken to give either
tlie husband or the trustees, and if the latter (then
with the consent of the husband and wife during
their joint lives, or of the survivor during his or her
life) a power to grant leases and also a power to sell
the property ; and whenever a power to appoint
among a class is given by any document, the hotch-
pot clause should be inserted. This clause is inserted
for equalizing as much as possible the shares of the
children ; otherwise a child who claimed, say, one-
third of the property under an appointment, would,
if the other two-thirds remained unappointed, share
with his brothers and sisters in such other two-thirds
under the gift over in default of appointment, unless
there Tvere some special stipulation excluding him
in the appointment under which he claimed. In the
case of a settlement such as we are now considering,
if the projjerty brought into the settlement belongs
to the lady, the first life estate will generally be

■ EEAL ESTATE— REGISTRATION. 135

given to her and the ultimate remainder will be to
her or her family.

If the lady is represented by a separate solicitor, a
fair copy of the draft must be made, forwarded to
him for perusal, and afterwards to the solicitor of
the trustees, if tbey are separately represented, and
the same with respect to any other parties to the
deed for whom the settlor's solicitor may not be con-
cerned. It will be the province of the solicitor to
the intended husband to prepare the settlement
(though in most cases the lady's solicitor has the
right to do so at the expense of the intended husband);
and if there be a settlement on the lady's part, which
is often the case, it will be by a separate deed, which
her solicitor will prepare and forward for perusal,
and afterwards engross it and get it executed in the
usual manner. The real estate draft, having been
finally approved, will be engrossed by the settlor's
solicitor, and the engrossment and draft forwarded
to the other solicitors concerned for examination, after
which he will get it executed by the necessary parties.

Eegistration. — Should settled real estate or any
part of it be in a register county, the settlement
must be registered in the same manner as any other
deed.

It may be well again to remind the reader ^ that,
although a settlement of real estate may contain no
powers of sale or leasing, settled land may be sold
or leased under the powers of the Settled Estate Act,
1877.^ A sale can only be authorized on petition to
tlio Chancery Division of the High Court of Justice,

' Sec pp. 12-83, ante. 2 40 & 41 Vict, c. 18.

136 MARRIAGE SETTLEMENTS.

while leases Ccin, in some, but not all, cases, be granted
without any application to the Court.

Persoxal Estate. — The process of settling per-
sonal property is generally very simple, and after
some little experience a young solicitor will not have
much difficulty in preparing such a settlement,
although at all times he would be justified in resort-
ing to counsel for assistance.

The recitals and testatum in a personalty settle-
ment vary according to the nature of the property.

Cash. — In a settlement of a sum of money possessed
by one of the parties, it will only be necessary to
recite that the marriage is contemplated, and that in
pursuance of an agreement made on the treaty for
such marriage such sum of money has been handed
over to the trustees upon the trusts thereinafter
declared. The settlement will then proceed to
declare that the trustees shall invest the money and
stand possessed thereof and of the interest thereof
upon the trusts thereinafter declared. These trusts
will be referred to presently.

Stock. — Stock or money invested in public secu-
rities may be transferred to the trustees, either by
power of attorney or personally. If by power of
attorney the power must be bespoken at the Bank of
England one clear day before the day appointed for
executing the settlement ; and in this case the settle-
ment and the power of attorney for transferring the
stock will be executed together, and the transfer
made immediately after. If, on the other hand, the
transfer is made personally, it should be done im-
mediately before the settlement is executed.

PEKSONALTY. 137

111 the first case the recital will be that on the
treaty, &c., it was agreed that £ — , stock then stand-
ing in the name of the settlor, should be transferred
into the names of the trustees upon the trusts, &c.
In the other case it will be that, in pursuance of an
agreement made on the treaty for the marriage, £ —
stock lately standing in the settlor's name in tlje
books of the Governors and Company of the Bank of
England, has been transferred into the names of the
trustees upon the trusts, &c., as before. The declara-
tion of trust in this case will authorize the trustees
either to allow the stock to remain in its then state
of investment or to sell it and invest the produce
either in similar or other stocks or otherwise, as may
be desired, and the trusts will follow in the same
manner as before.

Shares. — Shares in railways, canals, or other com-
panies are transferred by the ordinary and usual
transfer, and the recitals in a settlement of such
property will be similar to those in a settlement of
stock ; and the trusts upon which they are to be held
are declared by the settlement in a similar manner.

Bonds. — In cases where bonds are settled they
will be assigned to the trustees by the settlement, in
which case full power must formerly have been given
to the trustees to use the name of the obligee to the
bond to sue for and recover the moneys secured
thereby, a bond being what is called a chose in action.,
in other words, something that is not in possession,
and the recovery whereof can only be enforced by
an action. But now, under the Judicature Act,
1873,' an absolute assignment of a cltose hi action

1 3(i & 37 Vict. c. iji>, s. 25 (H).

138 MAERIAGE SETTLEMENTS.

passes the legal estate and enables the assignee to
give a good discharge, if notice of such assignment
be given to the person liable, e.g., in this case the
obligor of the bond. So that trustees of a chose in
action should always give immediate notice of the
settlement to the person liable to make a payment in
respect of the chose in action. The trusts are declared
in the usual way.

Promissory Notes. — But where promissory notes
are settled they will simply be indorsed to the trustees,
and the fact of their having been so indorsed will be
recited in tlie settlement, a promissory note being,
by the law of commerce, capable of transfer by in-
dorsement. In this case the settlement proceeds to
declare the trusts upon which the money secured by
the promissory note is to be held; and, unless it is
intended to call in the money immediately it is due,
or the promissory note be payable upon demand,
power must be given to the trustees to allow the
money to remain on the promissory note, without
being liable for any loss occasioned thereby, as it
would be a breach of trust to allow the money to
remain on such security, even in a case where money
so secured is part of the settled property.

Life Policy. — In some cases the subject of the
settlement is a policy of assurance on the life of the
husband. This should be assigned to the trustees
upon trust, after the money has been received, to
invest it and pay the interest to the wife for life,,
with remainder to the children in equal shares. The
husband must covenant to keep the policy on foot,
and not to do anything to invalidate it, and if it is
not easy to find trustees, there are offices which will

PERSONALTY. 139

constitute themselves trustees of the policies they
issue for such a purpose.

It would be useful in such a settlement as this to
insert a clause that, in case of the death of the wife
in the lifetime of the husband, without leaving issue
who have attained a vested interest in the money
secured by the policy, it should be lawful for the
husband, if he should think fit, to permit the policy
to drop or to sell or assign it to the company.

Under the Married Women's Property Act, 1870,^
a man can effect a policy for the expressed benefit of
his wife and children, and if no settlement is exe-
cuted the Court will, on petition, give directions
for the application of the money on the husband's
death. ^

Furniture. — In the case of household furniture, it
is assigned to the trustees and the trusts afterwards
declared. The only way of securing this description
of property against the liabilities of the husband, is
to settle it upon trust for the separate use of the wife,
free from the control, interference, debts, or engage-
ments of the husband, and the settlement should give
power to the trustees to insure the furniture from
loss or damage by fire, or to sell it if the wife should
so direct, or if she is not living, then if the trustees
shall think fit to do so.

A settlement of chattels executed on marriage does
not require to be registered as a bill of sale.^

Mortgage Debt. — If the property intended to be

1 33 & 34 Vict. c. 9?, s. 10.

2 Re Mellor's Policy, 6 Ch. D. 027 ; 7 Cli. D. 200 ; Tx'e Edumrds PoHnj,
28 W. U. 72.

» 41&42 Vict. c. 31, s. 4.

140 MARRIAGE SETTLEMENTS.

settled consists of money secured on mortgage, two
deeds will be necessary, viz., an ordinary transfer of
the mortgage to the trustees upon the trusts of the
settlement, in which transfer will be inserted power
to give receipts for the mortgage money, in order to
avoid the necessity of making the settlement part of
the title to the property comprised in the mortgage.
The settlement will recite the transfer of the mort-
gage by deed of even date, and declare the trusts
upon which the mortgage money is to be held by the
trustees.

Investment. — The first trust in a personalty settle-
ment is that for investment, and it is a convenient
plan to specify the modes of investment in a schedule.
In the case of money on mortgage, stock, or money
otherwise already invested, the trust is often either
to retain existing investments or to convert and
invest according to the schedule ; in the case of a sum
of money the trust will be simply for investment,
while in the case of a policy of assurance or furniture
the trust for investment will not arise until the death
of the husband, or the sale of the furniture. In tlie
absence of a trust for investment, it is the duty of
trustees to invest in the securities authorized by Lord
St. Leonards' Act, I860.'

Beneficial Trusts. — The beneficial trusts are gene-
rally as follows : — If the property is the husband's,
the first life estate is given to him, unless he is in
business, and it is wished to preserve the income for
the maintenance of the family in case of bankruptcy ;
but even this may be done and the life interest given
to the husband, provided such life interest is made

1 1^3 & 24 Vict. c. .3«, ss. 10, U.

PERSONALTY. 14]

determinable on the bankruptcy or insolvency of the
husband, and given over to the wife or to the trustees
for the maintenance of the family on either of those
events happening. If, on the other hand, the
property is the wife's, the first life interest is given
to her, unless the contrary is wished, which is
seldom the case ; and after the death of one the
life interest is given to the other. Whenever a
life interest is given to the wife, it should be for
her sepaiate use, and without power of anticipation.
With respect to the separate use of the wife, and
restraining her alienation of the income, and under
what circumstances such restraint is bindine: on
her, see Tallett v. Armstrong.^ After the death
of the survivor of the husband and wife, the fund
will be held by the trustees upon trust for such
one or more of the children of the marriage as the
husband and wife shall jointly by deed appoint, and
in default of any joint appointment as the survivor
shall by deed or will appoint, and in default of such
appointment upon trust for such of the children of
the marriage as being sons shall attain twenty-one, or
being daughters shall attain that age or marry, equally,
the issue of a deceased child taking the share their,
his, or her parent would have been entitled to if
living. Then follows the hotchpot clause, the effect
of which has been already mentioned ; and in default
of any of the children taking a vested interest, then,
if the property is the husband's, upon trust for him,
his executors, administrators and assigns. If the

* 1 Beav. 1 ; affirmed on appeal, 4 My. & Cr. 377 ; see also Cooper v.
Macdonald, 7 Ch. D. 288.

142 MARRIAGE SETTLEMENTS.

property be the wife's and she predecease her hus-
band, then upon trust as she shall by deed or will
notwithstanding coverture appoint ; and, in default
of appointment, to such persons as would have been
her next of kin if she had died a spinster, and if she
is the survivor, for her, her executors, administrators,
and assigns. In either case, on the death of one
without leaving issue of the marriage living to attain
a vested interest, the husband or wife, as the case may
be, may, by appointing the property to himself or
herself by deed, obtain the absolute control over it.

Maintenance and Advancement. — There formerly
followed a provision authorizing the trustees to apply
the annual income, or any part thereof, arising from
the trust property, for the maintenance of any infant
taking a vested or presumptive share of the capital ;
but now § 2G of Lord Cranworth's Act^ renders it
unnecessary to insert such a clause ; but a clause
enabling the trustees to apply a portion of the capital
of the share of any such infant for his or her advance-
ment or preferment in the world should still be
inserted. This portion may either be limited (usually
to one half), or, which is the preferable plan, if the
trust fund is of small amount, may be left to the dis-
cretion of the trustees. The clause for advancement
should apply to all infants, whether male or female,
as in settlements of small property it is a provision
very likely to be needed by females.

Miscellaneous Provisions. — If the property be
brought into the settlement by the wife a provision
should be inserted enabling her to settle some part

1 23 & 24 Vict. c. 145.

POWERS TO TRUSTEES. 143

of it on the children of any future marriage, or, which
is by far the better plan, instead of settling the pro-
perty on the children of the present marriage, settle
it generally on the children of the wife ; this will
embrace all her children, and the justice of such a
course is obvious ; for, supposing there be only one
child of the marriage, and the husband die, and the
wife marry again and have a large fjimily, if tlie pro-
perty be settled on the children of the first marriage,
the one child will take all, to the total exclusion of the
others, althougli his claim to it would be no better
than that of the other children.

In some cases a clause is inserted authorizing the
trustees to lend a portion of the trust money to the
husband, on his giving to the trustees his bond or
other security for the repayment thereof. If instruc-
tions are given to insert such a clause (and it should
not be inserted without authority), the deed should
declare in express terms that the trustees shall not
be answerable or responsible for the loss of the whole
or any part of the money so lent.

It will not be necessary to insert a clause declaring
the receipts of the trustees good discharges for the
trust money or any part thereof, for that power is
given by § 29 of Lord Cranworth's Act.^

For the same reason it will be unnecessary to insert
a power to appoint new trustees, inasmuch as § 27
of the same Act gives a general clause framed to meet
almost every case that may arise, and it will apply
to every future deed, will, or other instrument.
A short clause nominating the persons who are to
exercise this statutory power, and providing for an

1 23 & 24 Vict. c. 145.

144 MAREIAGE SETTLEMENTS..

increase or decrease in the number of trustees may,
however, be inserted/

In preparing a personalty settlement it is necessary
to bear in mind tliat there exists a rule respecting
personal estate somewhat analogous to the well-
known rule in Shelley s case, namely, that a gift to
A., followed by a gilt to the executors or adminis-
trators of A., is an absolute gift to A. This is well
illustrated by a case ^ where funded property settled
upon A. for life for her separate use, and after her
decease to such persons as she should by will appoint,
and in default of appointment, for her executors or
administrators, was declared to belong to A. abso-
lutely. A serious mistake might easily be made
through ignorance of the above rule.

Notice op Settlement. — After executing a settle-
ment of a policy of assurance or reversionary interest,
notice of the settlement should be given by the
trustees to the assurance office, or to the trustees of
the deed or will under which the reversionary interest
was created, as the case may be, and as to notice of
a chose in action, see p. 138, ante. The neglect to do
this is in itself a breach of trust; and should the
settlor, owing to such neglect, effect a charge on the
policy or reversionary interest, and the person in
whose favour such charge was made should give
notice to the assurance ofiSce or the trustees of the
deed or will as before mentioned, before any notice is
given by the trustees of the settlement, such trustees
would be liable in equity to make good any loss

1 See Form No. CXXIL, p. 426, infra.

2 Page v. Soi^er, 17 Jur. 851 ; S. C, 22 L. .J. (Ch.) 1044.

NOTICE IN LIEU OF DISTRINGAS. 145

occasioned by their neglect ; but if the settlor were
living and a party to an action, by some of the objects
of the settlement for the purpose of charging the
trustees, the judgment charging them would probably
order the settlor to recoup the trustees. As, how-
ever, the settlor is seldom able to do this, or, which
is the most frequent occurrence, no proceedings are
taken against the trustees until after his death, the
solicitor to trustees always makes it a point, in the
case of a settlement of property of this description,
to give immediate notice of the settlement to the
necessary parties; and likewise, if money secured by
a bond or covenant is settled, notice of the settlement
should immediately be given to the obligor or cove-
nantor.

It is advisable in every case where stock or shares
form part of the settled property to serve a notice
under R. S. C. Ord. XLVI. r. 4, immediately after
the settlement is executed. This may be done either
on the affidavit of the trustees or of any person
taking a beneficial interest under the settlement, or
on the affidavit of the solicitor, and is a very simple
process.

Among the precedents will be found the forms of
affidavit and notice required ; and on taking the
affidavit and the notice to the central office of the
High Court of Justice they will be filed, and an
office copy and an authenticated duplicate of the
notice can be obtained. Then the office copy affi-
davit, and duplicate notice must be served on the
company, or in case of money in the funds, at the
Chief Accountant's office at the Bank of England. If
the names of the persons holding the stock or shares

146 CUSTODY OF DEEDS.

and the amount and description of the stock or
shares are correctly described, this notice effectually
prevents any dealing with the stock or shares without
notice; and in case it should become necessary to deal
with the stock or shares for the purposes of the settle-
ment, the notice can be speedily withdrawn. For
the purpose of withdrawing such notice it is only
necessary for the person on whose behalf it has been
given to sign and serve a written request to that
effect. Any other person claiming to be interested
in the stock or shares may apply to the Court by
motion or petition to discharge the notice.

These proceedings are substituted for the writ of
distringas under 5 Yict. c. 5, s. 5, and their cost is of
trifling amount, but the security to the fund and
to all parties concerned is incalculable.

Custody of Deeds. — With respect to the custody
of the deeds, the following appears to be the rule and
practice.

If the property settled be real estate, the tenant
for life having the legal estate is entitled to the cus-
tody of the deeds, as it devolves upon him to defend
the inheritance. If the legal estate be in trustees
they hold the deeds. If the property is leasehold the
trustee holds the deeds, and w^here there are more
trustees than one they usually arrange among them-
selves which of them shall hold them, or agree to
deposit them with some solicitor or banker. There
is seldom any difficulty on the point.

VOLUNTAEY SETTLEMENTS. 147

Part II. — Voluntary Settlements.

A settlement executed after marriage, where no
marriage articles have been executed previously to
the marriage, will be void if the settlor is a trader
and becomes bankrupt within two years. In other
cases the principal question will be whether the hus-
band is or is not solvent at the time of making the
settlement. A man owing as much or nearly as
much as he is worth cannot make a voluntary settle-
ment binding on his creditors ; but if a man owes to
his creditors, say £500, and has property worth, say
£2000, then he may make a settlement after mar-
riage binding on his creditors, provided he leaves
sufficient in his hands to pay off his debts. The case
of Crabbe v. Moxey ^ is worthy of an attentive perusal
as illustrating the principle by which the present
law on this point ^ would be construed. In deciding
that case the Vice-Chancellor said : ''It is not suffi-
cient, in order to set aside a voluntary settlement, to
shew that the settlor had at the time of executing
the deed some debts ; neither, on the other hand, is it
necessary to prove that he was absolutely solvent.
The question must always be whether the effect is
such as to be injurious to the creditors." In that
case an inquiry was granted as to the state of the
settlor's property, and the amount of his debts at the
date of the settlement.^

A voluntary settlement is binding on the settlor
and all volunteers claiming under him ; and the

' 21 l. t. 09.

2 32 & 33 Vict. c. 71, s. 91.

3 See also 13 Eliz. c. .5 ; 3 Dav. GT.T et seq.

L 2

148 VOLUNTARY SETTLEMENTS.

settlor cannot revoke the trusts of such settlement
unless express power is therein reserved to him to do
so ; but if the property settled be freehold, copyhold,
or leasehold, he can in effect revoke them by con-
veying the property to a purchaser for valuable
consideration ; and even if the purchaser had notice
of the settlement before entering into the contract,
he could hold the property without being affected
by the trusts of the settlement.^

Stamps. — The stamp duty on a settlement of real
estate is the same as that on a conveyance. On
settlements of money and stock the duty is 55. for
every £100 or fractional part thereof. Stock is to
be valued at the average price of the day.^ As to
policies of assurance, see § 124 of the Stamp Act,
1870.'

» Seo IlaU V. Hall, L. R. 8 Ch. 430, 438.

2 33 & 34 Vict. c. 97, ss. 11, 12, 13.

3 33 & 34 Vict. c. 97.

( 140 )

CHAPTER IX.

DEEDS UNDER THE FINES AND RECOVERIES ACT.

Part I. — Disentailing Deeds.

Fifty years ago the only mode of barring an entail
was by fine or recovery. The latter was the more
frequent mode of assurance, as it not only barred the
entail, but all remainders over. But in 1833 the
Fines and Recoveries Act^ abolished fines and
recoveries,^ and substituted new modes of assurance
much better adapted to the modern and more simple
system of conveyancing. Under the provisions of
this Act, an entail can be barred by a deed,^ which
must be enrolled in Chancery, within six months
after its execution." There is no particular name
attached to this deed, and for want of a better it
is known as a disentailing deed.

If a tenant in tail in possession wishes to bar the
entail, he can do so without the necessity of any
other person concurring in the deed. He has merely
to execute a deed between himself of the one part,
and A. B. of the other part, and declare that, in order

» 3 & 4 Will. 4, c. 74.

2 Sects. 2, 3.

3 Sect. 40.
* Sict. 41.

150 DISENTAILING DEEDS.

to bar all estates, he grants the estate to A. B., to
the use of himself in fee ; if this deed be enrolled in
Chancery within six months from its execution, the
entail is at an end, and the former tenant in tail
becomes as much tenant in fee simple as if the estate
had been so vested in him in the first place.

Now, take the case of a tenant in tail not in pos-
session, i.e., the tenant for life may be living, or the
trustee of an estate prior to that of the tenant in tail
may be in possession. In this case the tenant for
life or the trustee will be called the " protector " of
the settlement,^ unless a protector has been appointed
imder § 32 of the Act. In all cases where there is
a protector the tenant in tail must procure the con-
sent of such protector,^ and this consent may be
given either by the disentailing deed, or by a sepa-
rate instrument,^ which must also be enrolled in
Chancery within six months ; * but even if the pro-
tector will not give his consent, the tenant in tail
is not prevented from barring the entail, although
his power is limited, the effect being that his issue
only is barred, and not the remainders over, and
he has therefore what is called a base fee in the
property ; the deed in such a case having the same
operation as a fine had before the passing of the Act
abolishing fines and recoveries.

We will now suppose that the tenant for life, or
protector, concurs in the deed ; in this case it is made
between three parties, viz., tenant for life, or pro-

1 Sects. 22-31.

2 Sect. 3-i.

3 Sect. 42.
* Sect. 46.

ENROLMENT. 151

tector, of the fii^st part, tenant in tail of the second
part, and A. B. (a nominee) of the third part. It
usually recites tlie instrument creating the entail,
and any facts necessary to shew the title of the
tenant in tail, his desire to har the entail, and that
the tenant for life or protector had agreed to concur.
The tenant in tail, with the consent of the tenant for
Hfe, or protector, (testified, &c), and in order to bar
and extinguish the entail created by the recited
assurance and all other entails in the property, and
to limit the property in manner thereinafter men-
tioned, conveys the property to the party of the third
part. Habendum to him and his heirs to such uses
as may be necessary to carry into effect the intentions
of the parties.

This deed must be enrolled in Chancery within
six calendar months after its execution, and the
entail and all remainders over will then be effectually
barred. If a solicitor is concerned only for the tenant
in tail, and a separate solicitor is concerned for the
tenant for life, or protector, the former will forward
to the other solicitor the draft of this deed for perusal,
and afterwards the engrossment for examination in
the usual manner.

No acknowledgment of a disentailing deed is
necessary before enrolling it,^ but if the tenant in
tail is a married woman she must acknowledge it
either before or after enrolment.^ After the deed
has been duly executed, it must be taken to the
central office of the Royal Courts of Justice, where
it will be enrolled, and handed back a few days after

> Sect. 73.

^ Sect. 40. Ex parte Taverner, 7 D. M. & G. G27.

152 dep:ds by married women.

leaving it. Thus an entail may now be barred at a
small expense and less difficulty, although before the
passing of the Act above referred to it was an ex-
pensive and troublesome process, and one requiring
great experience to do effectually.

Stamps. — The stamp duty will, of course, be the
same as on a conveyance of the same property.

Part II. — Deeds by Married Women.

The Fines and Recoveries Act also provides a new
mode by which a married woman, whether the owner
of, or having only an inchoate right of dower in,
freehold projoerty. can part with her interest therein.
The practice formerly was for the husband and wife
to levy a fine ; but under the above Act the husband
and wife join in the conveyance,^ and after they have
both executed it, the latter acknowledges the deed^
before a Judge or before two Commissioners appointed
under § 81 or § 83 of the Act to take acknowledg-
ments of deeds by married women Commissioners are
now appointed by the President of the Common
Pleas Division of the High Court of Justice. The
forms of certificates and affidavit used on this occasion
may be obtained at any law stationer's.

The Act requires the deed to be executed by the
husband before it can be acknowledged by the wife ;
but where it is the wife's estate, and the interest of
the husband is only such as he takes by virtue of his
marital right, and he is either a lunatic or abroad,
not having been heard of for some time, and in some

1 Sect. 77.

2 Sect. 79.

ACKNOWLEDGMENT. 153

other cases enumerated in the Act, the Court will, on
appHcation being made for that purpose, dispense
with the concurrence of the husband in the deed/

This appHcation is made by motion, supported by
an affidavit of the facts.

The Act gives tlie option of taking the married
woman either before a Judge at chambers, or County
Court Judge, or two Commissioners authorized to
take acknowledgments of deeds by married women
for the county in which the property is situate ; in
London where the property is small the acknowledg-
ment is generally taken before a Judge, on account
of the fees being less than those paid to two Com-
missioners ; but in larger matters a client would
rather pay the extra fees than undergo the incon-
venience of attending at chambers.

Before the day appointed for the completion of
the business the solicitor should call at the Judge's
chambers, and inquire which Judge will be at
chambers on that day. Having obtained the name
of the Judge fill up the certificate of acknowledgment
accordingly. The lady, accompanied by her solicitor,
proceeds to the Judge's chambers, where the solicitor
first attends the Judge alone, and answers any ques-
tions he may put respecting the deed ; next the lady
is examined in private by the Judge, and acknow-
ledges the deed, after which the Judge signs the
certificate, and also the memorandum indorsed on
the deed. The solicitor then makes the affidavit as
to the identity of the lady, and as to her being of full
age, &c., and this is usually sworn before the Judge's
clerk. The certificate and affidavit are afterwards

^ ycct. Ul.

154 DEEDS BY MAREIED WOMEN.

left at the central office of the Royal Courts of Justice,
and five shillings paid, and, on inquiring a fortnight
after, a certified copy can be obtained.

In the country the acknowledgment is taken by
two Commissioners, one of whom only may be a
solicitor engaged in the transaction. The appoint-
ment with the Commissioners having been made,
they will attend at the time appointed to take the
acknowledgment, sign the memorandum on the back
of the deed and the certificate, and one of them will
make the affidavit. The certificate and affidavit are
then sent to and left by the London agent, and a
certified copy obtained as before pointed out.

The provisions of the Fines and Recoveries Act
are extended by the Act to amend the Law of Real
Property^ to contingent and executory interests.

Until the passing of Malins' Act,^ a married woman
could not by any process dispose of a reversionary
interest in personal property, unless settled upon her
for her separate use. As no reason could be dis-
covered why any difference should exist in this
respect between real and personal property, the
above Act was passed, in order that both those
descriptions of property might be placed on the same
footing. It must, however, be borne in mind that
the old law still continues in force as to all instru-
ments made before the 31st of December, 1857,^
and that even the new law does not extend to settle-
ments made on the marriage of the feme covert^ All
deeds executed under this Act must be executed by

1 8 & 9 Vict. c. 106, s. 6.

2 20 & 21 Vict. c. 57.

3 Sect. 1.

* Sect. 4.

SEPAEATE USE. 155

tlie husband and acknowledged by the wife, in the
same manner as required by the Fines and Recoveries
Act.

Separate Use. — Where a married woman is seised
of, or entitled to freehold property for her separate
use, whether for life only or in fee, and of which she
is not restrained from alienation, she can dispose of
such property without the concurrence of her hus-
band ; and whether the husband does or does not
join in the conveyance of such property, the deed
does not require to be acknowledged by the wife,
inasmuch as, with respect to that property, she has
the same right of disposition as a feme sole would
have of it,^ and even though she may be restrained
from anticipation during her life she may dispose of
the' reversion expectant on her death. ^ And under
§ 6 of the Vendor and Purchaser Act, 1874,^ where
any freehold or copyhold hereditament shall be vested
in a married woman as a bare trustee, she may con-
vey or surrender as if a feme sole.

1 Taylor v. Meads, 11 Jur. (N.S.) 166.

2 Cooper V. Macdonald, 7 Cb. D. 288.

3 37 & 38 Vict. c. 78.

( 156 )

CHAPTER X.

WILLS.

Introductory. — A prevalent, but most erroneous,
impression prevails among non-professional persons
that a will is a very simple document and easily pre-
pared by almost anyone, and the consequence is that
agents, schoolmasters, and others quite incompetent,
are frequently entrusted to prepare an instrument
that above all others requires the greatest skill and
legal knowledge. The reports shew that by far the
greater number of cases have arisen in consequence
of ill-drawn and obscure wills. Although the Wills
Act ^ has set at rest a great many questions that
previously were continually arising on wills, and
which could only be decided by resorting to the aid
of a Court of Equity, yet the cases arising upon
ill-drawn wills are still very numerous, and can
only be determined after much delay and expense,
which, to a great extent, would be avoided, if they
were prepared only by skilful and experienced
persons.

Instructions. — On being instructed to make a
will a solicitor should take down in writing full par-
ticulars res}>ecting the testator's property, whether

J 7 WilK 4 & 1 Vict. c. 20.

INSTKUCTIONS. 157

in possession, reversion, remainder, or expectancy,
and also the particulars of liis family. After doing
this he should insert opposite each description of
property the name and any necessary identification
of the person to whom the testator intends to devise
or bequeath it; and this should be continued until
the whole property is disposed of. The following is
an outline that may prove of assistance : —

Testator. James Thompson, of 1,

Cheapside, hatter.

Freehold messuage, 1 Cheapside, To SOn William TllOmp-
iu occupation of Testator. ^^^^^ -^^ f^^ ^^^ £5Qq^

Stock in Trade. To be valued and taken by

son William at his option
(if taken, to be paid for
with interest by quar-
terly instalments in three
years) : if not taken, to
be sold by executors.

Freehold farm containing about 100 To SOn JameS Thompson

acres, at Twyford, Bcrlis, let to f^^ jjfg^ remainder to his

John Jones as yearly tenant. . , ,

issue as he may appomt,
in default to his children
equally : in default of
issue, to testator's other
children.

£100 cash, and an annuity of £50 To his wife, shc giving Up
per annum out of farm, and J^gj. j.jg^J^^ ^f dower in

'&'

another annuity of £50 per annum

out of messuage at Cheapside. ireeliolds.

£1,000. To daughter Sarah, to be

settled on Iter and her
issue.

158 WILLS.

£50. To shopman James Tom-

kins, if in testator's ser-
vice at time of death.

And so until all the specific devises and bequests the
testator wishes to make are disposed of, and then
wind up as follows : —

Residue. To SODS William and

James and daughter ab-
solutely, as tenants in
common.
Executors. Son William and ' Simon

Jackson, of 100, Watling
Street, to each of whom
a legacy of £100 to be
given.

Preparation op Draft. — With particulars like
the above there will not be much difficulty in the
preparation of the will. Should the testator's pro-
perty be very large, and the devises and bequests
intricate and complicated, the safest course will be to
lay instructions before counsel to prepare the will ;
and such memoranda as the above will be of great
assistance in giving him every information he may
require. When the will has been prepared, the
solicitor must make a fair copy of it, and either send
it to the testator to read over, or make an appoint-
ment and read it over to him himself The first
course is preferable, as the testator will more readily
remember any omission that may have been made, or
any alteration he may wish to make, if he reads
over the draft in his own way, than he would be
able to do if it were read to him.

LOCKE KING'S ACT. 159

Locke King's Act. — If the testator has any pro-
perty in mortgage, and intends the person to whom
such property is devised or bequeathed to take it
subject to the mortgage, the best course will be to
make the devise or bequest as if the property were
not subject to the mortgage, as Locke King's Act^
and the Amendment Acts ^ have taken it out of the
power of the devisee or legatee to require the mort-
gage to be paid off out of the testator's personal
estate, unless a contrary intention appears in the
will. If, therefore, the property is devised or be-
queathed in the same manner as it would be were
there no mortgage on it, the testator's wishes will be
carried into effect, and the devisee or legatee, if he
takes the property at all, must take it subject to the
mortgage, as no contrary intention will apjoear in
the wilL But if the testator intends the ]3roperty to
be taken by the devisee or legatee free from the
mortgage, then it must be so expressed in the will ;
and precisely the same care will be required in this
case as was formerly required, where it was intended
that a devisee or legatee should take property subject
to the mortgage upon it.

Devise of Trust Estates. — A devise of trust
estates was formerly of great importance, but now
§ 48 of the Land Transfer Act, 1875,^ provides
that where a person dies intestate as to trust
estates they shall vest in his executors. The clause
is very short, and, if not required, can do no harm ;

1 17 & 18 Vict. c. 113.

2 30 & 31 Vict. c. 69 ; 40 & 41 Vict. c. 34.

3 38 & 39 Vict. c. 87.

160 • WILLS.

while, on the contrary, it may save great troiihle
and expense if questions arise as to whether trust
estates are included in any general devise in the
will. Of course, some discretion must be exercised
as to the insertion of this clause, as in the will of a
person possessed of very little property, and who
never remembers having been made trustee or ad-
vancing money on mortgage, it can scarcely be
necessary.

Number of Trustees. — Sometimes a testator is
desirous of appointing a great many trustees or exe-
cutors. This should be discouraged, as it is seldom
that more than two or three will act, and the others
must at some time execute a disclaimer of the trusts
and a renunciation of the will — a proceeding that
causes expense for no useful purpose. Two, or at the
outside three, trustees or executors are sufficient for
almost any case, and it will usually be found desirable
to make the same persons both trustees and executors.

Sometimes it is advisable to have two or more sets
of trustees, each set taking a particular property, with
trusts attached to it, as in the case of a successful
colonist who has property both abroad and in this
country. The necessity for this, however, only arises
where an extensive property is intended to be dealt
with, and the trusts of one part of it may be incon-
sistent with the trusts of another part. It certainly
should not be recommended, unless absolutely
unavoidable. A case recently came before the pre-
sent writer where a testator appointed nine persons
trustees and executors; but only two proved his
will.

COPYHOLDS. IGl

Copyholds. — Sliould the testator be seised of copy-
liokl property, which he intends to have sold by his
trustees, care must be taken to give to the trustees a
power only to sell the property, and by no means to
devise it to them, as, if devised, they must take
admittance to it, and pay the fine, which, if arbitrary,
will amount to two years' improved annual value, and
if there is more than one trustee admitted, the fine
would be greatly increased. Take the case of pro-
perty worth £50 a year. Then if three trustees were
acting, the fine would be two years' annual value for
the first, say £100 ; one-half of this amount for the
second, and one-fourth for the third ; this would
amount to £175, besides the steward's fees : whereas,
if the will merely directed the trustees to sell the
copyhold property, the whole of this expense would
be saved, as the persons taking the power would
exercise it by deed in favour of the purchaser of the
property, who thus would come in as a person claim-
ing under the will, and take admittance accordingly,
and pay the fine and fees due thereon/

Charitable Devlses. — The statute of Charitable
Uses,^ the full title of which is, " An Act to restrain
the Disposition of Land, whereby the same becomes
Inalienable," (commonly called " The Mortmain
Act,") is of great importance where a testator wishes
to make charitable gifts. It has been amended and
improved by several subsequent Acts,^ all of which

1 See Form LXXIX., p. 3G1, infra.

2 9 Geo. 2, 0. 36.

3 24 Vict. c. 0; 25 Vict. c. 17; 20 & 27 Vict. c. lOG; 27 Vict. c. 13;
35 & 3G Vict. c. 31.

102 WILLS.

should be read, nnd the effect of the alterations
carefully noted up.

Execution. — The draft, having been approved by
the testator, will be fair copied on brief paper, and
signed by him in the presence of two witnesses, who
will sign their names in the presence of each other
and in the presence of the testator, neither sealing
nor publication being necessary. Care must be taken
that neither of the witnesses nor their wives take
any benefit under the will, otherwise such witness,
although competent to prove the due execution of
the will, will lose any benefit intended to be given
to him or his wife by it.

After the will has been signed and witnessed, the
solicitor should seal it up and hand it to the testator,
as most people like to keep their own wills; some,
however, prefer leaving it with their solicitors. The
best course, when the testator is a man of property,
is to engross two parts of the will, and let him sign
them both, the solicitor keeping one part and the
testator tlie other.

( 103 )

OPIAPTER XL

DISCLAIMERS.

Introductory. — A disclaimer is a deed executed for
the purpose of proving at all future times that a
person to whom property has been devised as a
trustee declines to accept the trust, or take any
interest under the will ; in other words, he disclaims
the estate devised to him by the will. Disclaimers
are principally used in cases where trustees appointed
by a will refuse to act in the trusts thereof. A
verbal refusal to act is a sufficient disclaimer, and
where a trustee has never acted or interfered in any
way, it will be considered that, by his conduct, he
has disclaimed any intention of ever interfering ;
but, notwithstanding this, a deed is generally ex-
ecuted, as it is the best evidence that can possibly
be obtained of the refusal to act on the part of the
trustee.

Form op Deed. — This deed is very simple ; it
usually recites so much of the will as is necessary to
shew the devise to the trustee, and what property
the deed is intended to act upon, and then the trustee
proceeds to disclaim the estate devised, and all trusts
and ])owers created by the will. The forms in the

M 2

164 DISCLAIMEES.

precedents^ will give an idea of the manner in which
this document is generally prepared.

Trustees of Copyholds. — A disclaimer is often
resorted to, and very usefully, in the case of copy-
hold property held of a manor in whicli the fines are
arbitrary. If there are several trustees of a will,
and all the trustees take admittance, the fine, as pre-
viously stated, is considerably increased ; whereas, if
all the trustees except one disclaim, then, on the
admittance of that one, a single fine is payable ; and
it does not follow that the other trustees by executing
the disclaimer are shut out from interfering in the
trusts of the will, inasmuch as they merely disclaim
the copyholds in order that the one trustee may take
admittance to the property : it is true that he alone
has the legal estate, but the other trustees are still
necessary parties to any act done under the will, as
in the execution of a power, for instance ; and the
steward of a manor is bound to admit one trustee,
where such a disclaimer has been executed, even
although he knows that the others disclaimed their
right to be admitted, merely to save the fine.^ He
can, however, recpiire the disclaimer to be entered
on the court rolls, and, in practice, it is generally
sent to him for that purpose with instructions for the
admittance.

Costs. — The disclaimer is prepared by the solicitor
of the acting trustee, and paid for out of the testator's
estate. It is very unusual for the disclaiming trustee

^ Pcage 360, infru.

2 Welhsleij v. Withers, 4 E. & B. 750.

REGISTRATION— STAMPS. 165

to wish the draft to be sent to his own solicitor, and
if he does he ought to pay the costs of perusing the
deed ; but as there is no mode of compelHng a trustee
to execute a disclaimer without litigation, it some-
times is necessary to e^wercise some discretion as to
insisting on the disclaiming trustee paying his own
solicitor's costs. The writer knows of no rule of
practice on the point, and considers that the acting
trustee would be justified in paying the costs.

Registration. — Where a disclaimer relates to free-
hold property situate in Middlesex or Yorkshire, it
should be registered.

Stamp. — A deed of disclaimer requires a ten
shilling stamp to be impressed on it.

( 10^ )

CHAPTER Xa

PROBATES AND LETTERS OF ADMINISTRATION.

Instructions. — On receiving instructions to prove
a will, a solicitor should obtain from the executor the
particulars of all the personal property the testator
died possessed of, and for this purpose he will find it
useful to have the form of a residuary account before
him, as it will assist his memory, and also the
memory of the executor, as to the particulars of the
estate of the deceased.

Probate Duty. — In estimating the amount under
which the property is to be sworn for probate, no
deduction must be made for any debts or payments
of any description, except mortgage debts. For
instance, suppose the personal estate of the testator
to consist of £10,000 in the funds, and nothing more,
and his liabilities (there being no mortgages) to
amount to £9,900, the probate must be sworn under
£10,000, and probate duty paid on that amount;
but after passing the residuary account a return of
duty may be obtained on the ground of debts, and
tne account will shew that the proper stamp on the
probate should be £2, the property being under the
value of £200. In proceeding for a return of duty,

PROBATE DUTY. 167

some trouble may be saved by bearing in mind that
every receipt produced in proof of debts must be
stamped and signed by the proper person, otherwise
no deduction will be allowed on account of the money
mentioned in such receipt.

It should be mentioned that the Bank of England
never, under any circumstances, takes notice of trusts
affecting stock ; it frequently happens, therefore, that
stock standing in the name of a testator does not
belong to him beneficially, but as trustee, and in such
case, if the stock is of large amount, it becomes a
matter of considerable importance to save the probate
duty which would be payable thereon, and there is fi
statutory provision ^ enabling executors or adminis-
trators of a deceased trustee of government stock to
exempt such stock from probate duty. The Bank
requires the provisions of that Act to be strictly
followed, and will furnish, on application, a form
of affidavit which will be found applicable in most
cases.

If the deceased had any beneficial interest in the
stock, the particulars and the value of such interest
must be stated, together with the fact that the duty
paid on the probate or letters of administration is
sufficient to cover such value, as well as the residue
of the personal estate of the deceased, in respect of
which such probate or letters of administration have
been granted.

Should the facts not be within the personal know-
ledge of the executor or administrator any other
competent person may depose to them, in which case
the executor or administrator must join and state

' 4B Cieo. 3, c, 119, ss. 3*;, 37.

168 PROBATES AND LETTERS OF ADMINISTRATION.

that such deposition is true to the best of his know-
ledge, and also that he intends to apply the funds
accordingly.

Having estimated, as nearly as possible, the value
of the personal estate of the testator at the time of
his decease, the amount under which the probate is
to be sworn must be decided upon ; and, in some
cases, there will be a margin of one or two thousand
pounds between the different amounts under which
the probate may be sworn ; in others, the value of
the property will, within a few pounds, amount to
the nearest sum in the scale; and should this be
the case, the better course will be to take the next
higher sum in the scale, and swear the probate under
that, for it is frequently found afterwards that some-
thing was forgotten in estimating the value of the
personalty ; and although it may appear somewhat
strange, there is less difficulty in getting a return of
overpaid duty than in obtaining permission from
the Board of Inland Revenue to pay additional duty.

Proving a Will. —Having arrived at this point,
the solicitor's course will be very different from what
it was formerly ; for, instead of handing the business
over to a proctor, he will now proceed himself to
prove the will, and perform the duties formerly as a
matter of right done by a proctor. This can be done
either at the principal registry at Somerset House in
London, or in the country at the district registry in
which the deceased at the time of his death had a
fixed place of abode.

The present practice is shortly as follows : It is
necessary, in order to obtain either probate or letters

PROVING A WILL. 1G9

of administration, to fill np the printed forms of
afiSdavits, No. 1 being called " Oath of Executors (or
Administrators)," which is filed in the principal
registry in London, or in a district registry in the
country, according to where the application is made ;
and No. 2 being called " Affidavit for Commissioners
of Inland Revenue." For probate a/ac simile copy
of the will, which may be in ordinary round-hand,
must be engrossed on parchment. Both affidavits
must then be sworn by the executors who intend to
prove, or by the administrator, as the case may be.
The administrator must execute a bond with two
sureties. These affidavits may be sworn in London at
the Principal Registry, or before a commissioner pro-
perly appointed, and in the country before a country
commissioner, who must attest the execution of the
bond. The most convenient plan in either case is tc
get the affidavits sworn and bond attested before a
commissioner, and save the executors or adminis-
trators the time and trouble of attending at the
registry. When the affidavits are sworn a parch-
ment form duly stamped with ad valorem duty, called
the act, and a printed schedule to which the adhesive
stamps for court fees are to be affixed, must l)e ob-
tained from the stationers or from Somerset House ;
these with the affidavits must be taken in cases
where a grant of administration is required, direct to
the clerk of the seat to whose division, according to
the surname of the deceased, the matter will belong ;
and in cases where probate is required, the affidavits
and schedule, together with the original will and
the engrossment, must be first taken to the Examiner
of Wills, from whom they will be forwarded to the

170 PROVING A WILL.

seat, if the engrossment is correct ; but if it is not,
a notice will be sent to the solicitor requiring him to
attend and rectify the errors. It is also essential to
have the folios ^ counted and marked on the engross-
ment. Within a few days (if there is nothing to
raise any impediment) the probate or letters of
administration will be ready for delivery at the
sealer's room. In the country the most convenient
way is to send the documents by post, registered, to
the district registrar, with a request for probate or
letters of administration as the case may require, and
he will, by return of post, send a receipt for the
documents, and either then, or a few days afterwards,
an account of fees, saying that on payment of them
the probate or letters of administration are ready,
and on receipt of the amount will be forwarded by
post. The previous remarks apply to what is termed
non-contentious business, that is, when no opposition
or impediment is raised against the grant of probate
or administration by any third parties ; but when
such is the case, the business is properly termed con-
tentious, and commences with the entry of a caveat
at the registry. In both contentious and non-
contentious business, numerous peculiar and difficult
points constantly arise, both as to practice and forms ;
and it always becomes necessary to refer to some
standard work on probate practice.^

^ Ninety words make a folio in probate matters.
^ See Coote, Brown, or Dixon,

( ni )

CHAPTER XIII.

LEGACY AND SUCCESSION DUTIES.

Introductory. — In addition to the payment of
probate duty, part of tlie duty cast upon executors
and trustees under wills, and administrators of the
estates of intestates, is to pay all legacy duties, duty
on residue and succession duty (if any) in respect of
the property of their testator or intestate.' A similar
duty has also to be performed by either beneficiaries
or trustees under deeds or other instruments, upon
any succession arising to property under the Succes-
sion Duty Act.^

With respect to all these matters, the proper forms
of legacy and annuity receipts, residuary accounts
and succession accounts, can be obtained in London
at the office of the Commissioners of Inland Revenue,
Somerset House, and in the country from the stamp
distributor of the district. The following instructions
as to these matters may prove useful : —

Legacy Duty. — Fill up separate receipts on the
printed forms, according to the instructions on them,
for each legatee and annuitant, specifying whether
the legacy is pecuniary or specific ; if the latter, it is

1 36 Geo. 3, c. 52 ; 55 Geo. 3, c. 184 ; 8 & 9 Vict. c. 76, s. 4.
'' 16 & 17 Vict. c. 51.

172 LEGACY AND SUCCESSION DUTIES.

often necessary to get the value assessed by an ap-
praiser ; calculate and fill in the amount of duty.
Do the same with the annuity receipts. If the legacy
consists of stock in the government funds, its value
in money must be calculated at the price at which
the stock may be officially quoted, at or about the
day on which you pass the accounts and pay the
duty. In London take the accounts and duty to the
Legacy Duty Office at Somerset House, where the
clerk in the department will examine the former,
and, if correct, will pass them, and you can then pay
the duty, and get the proper stamps affixed. Should
the account or receipts require any material altera-
tion or amendment, you may have to take them away,
and attend another day to pass them and pay the
duty. In the country take the account and receipts
with the total duty in cash as you have calculated it
to the stamp distributor of the district, and take his
official receipt for them. He will forward them to
Somerset House, and in about a fortnight you will
have the account and receipts back through him,
either passed and completed, or with written queries
and requirements by the clerk in London, which you
must answer, and return the accounts to London
through the distributor, until the matter is completed.
The previous remarks apply to residuary accounts
of personal property of testators and intestates, and
legacy and annuity receipts to be prepared and passed,
and the duties in respect of them paid, by executors
or administrators pursuant to the provisions of the
Legacy Duty Acts. The preparing and passing these
accounts, although not strictly forming any part of
conveyancing business, is generally performed, as a

SUCCESSION DUTY. 173

matter of course, by the solicitor who acts for the
executors or administrators in proving the will, or
procuring a grant of letters of administration of the
personal estate of the testator or intestate, as the case
may be. The legacy and residuary accounts affect
only personalty, and a purchaser of real property is
not in any way concerned with, or affected by, them,
but the case is different with regard to succession
duty.

Succession Duty. — The passing of the Succes-
sion Duty Act' has cast an additional and important
onus upon solicitors in numerous conveyancing
matters, and affecting both real and personal pro-
perty. By that Act it is declared, that as regards
the sale of any property within the scope of the Act,
both freehold and leasehold (the latter being declared
real estate for the purposes of the Act), if the vendor,
either beneficially or in a fiduciary character, derives
the property as successor under a deed, will, or other
instrument upon the death of any person after the
Act came into operation,^ such property in the hands
of the purchaser is liable to the succession duty,
which will have accrued on such death, and he is
entitled, before completing, to have official evidence
that such duty has been paid, and a proper receipt
given for it by the Board of Inland Revenue.

It is therefore necessary as well when acting for a
vendor on the sale of freehold or leasehold property
as for beneficiaries, trustees, executors, or adminis-
trators, that a solicitor should take care to ascertain

1 16 & 17 Vict. c. 51.

2 I9th May, 1853.

174 SUCCESSION DUTY.

whether any and what sncceesion duty is payable in
respect of real or personal estate, which may have in
any manner devolved upon them, and proceed to
prepare and pass the proper accounts and pay the
duties. After the accounts are prepared in duplicate
in London, they are taken to the Succession Duty
Office at Somerset House, and settled with the clerk
there. The duties are paid in another part of the
building. In the country the business is transacted
through the stamp distributor, but there is this dif-
ference between legacy and succession accounts, that
the country distributor will not take any money on
account of succession duty until after the account
has been examined and approved, and the duty
assessed at Somerset House.

There are various forms of succession accounts
issued by the Commissioners of Inland Revenue, all
of which can be readily obtained on application,
except that which is used when for any particular
reason it is wished to anticipate the time when duty
would accrue, and have such duty commuted and
paid forthwith. With respect to this the commis-
sioners have a discretion, which they only exercise
upon a written statement of the circumstances, and
the reason for anticipating the time of payment.
The legacy and succession duties are important
matters, and numerous difficult and special questions
constantly arise regarding them^ and reference is
often necessary to some treatise on the subject.^

^ Sec Hanson's Probate, Legacy, and Succession Duties Acts.

( 175 )

CHAPTER XIV.

ADMINISTKATION.

Acting before Probate. — When professionally
concerned for an executor, a solicitor should re-
member that there are many acts he may do before
proving the will ; but as this is a very wide field,
and not within the scope of this book, reference
should be made to some text-book on the subject/

Administration Action. — Sometimes when con-
sulted by executors or trustees, as to whether they
can safely proceed to administer the estate, a soli-
citor may feel it to be his duty to inform them
that it is doubtful whether they ought to proceed to
do so without the assistance and protection of a Court
of Equity. Questions of this nature will only arise
when the will is of a complicated nature, or where
the testator has been engaged in various mercantile
or other complicated transactions, or where great
trouble and difficulty or responsibility is anticipated
in the performance of the trusts of the will. Every
case must rest on its own peculiar circumstances. It
will be the solicitor's duty to consider the matter
carefully, and, if he deems proper, to advise his

'■ Williams on Executors.

176 ADMINISTRATION.

client to have the estate administered nnder the
direction of a Court of Equity, which never refuses
to assist a trustee seeking its aid ; but notwithstand-
ing this, it is the paramount duty of a trustee or
executor, after having accepted the trust, to perform
it, if he can do so without involving himself in re-
sponsibility, or the estate in needless expense. A
testator on making his will expects his trustees and
executors to administer his estate in the best and
least expensive manner they can, and by no means
considers that, in order to escape trouble or imaginary
responsibility, they would involve the estate in ex-
pensive litigation. Before, however, advising a client
to seek the aid of a Court of Equity, his solicitor
should as a matter of precaution take the opinion of
counsel, although counsel will almost invariably re-
commend the estate being administered in Chancery ;
and indeed he cannot well do otherwise, for the
question generally put to him is, " What is the safest
course the trustees can take in administering the
estate ?" To this there can only be one answer, and
that is, " by administering under the direction of the
Court." But, notwithstanding this, the solicitor will
be placed in a much better position if he is fortified
with the opinion of counsel on the propriety of such
a step before commencing proceedings.

Advertisements for Creditors. — It should, how-
ever, be borne in mind that the modern practice of
advertising for creditors under s. 20 of Lord St.
Leonards' Act ^ is a great protection to an executor

1 22 & 23 Vict. c. 35.

PETITIOX FOR ADVICE. 177

or administrator/ A form of advertisement will be
found in this volume.^

Petition for Advice. — If a trustee, executor, or
administrator merely wants to obtain advice or
direction as to some particular clause in the will, it
may be obtained by petition to any equity judge, or
by summons at chambers under Lord St. Leonards'
Acts,^ but it should be taken by petition, with the
assistance of counsel, rather than upon summons.*

Questions of Coxstruction. — Trustees cannot,
under this Act^ obtain the opinion of the Court on
questions of construction.^

Where it becomes necessary to obtain the decision
of the Court on a simple question of construction, the
proper and least expensive course is to issue a writ
for administration, to waive accounts and inquiries,
and to take out a summons which will raise the ques-
tion. The summons can then be at once adjourned
into Court and the matter decided.^

Questions of construction can also be decided on a
special case under Sir G. Turner's Act "^ and the Rules
of Court.^

1 See C'lec/g v. Boioland, L. R. 3 Eq. 368 ; Newton v. Sherrtj, 1 C. P. D.
246.

^ Page 194, infra.

' 22 & 23 Vict. c. 35, s. 30 ; 23 & 24 Vict. c. 38, s. 9. See also R. S. C.
Old. XIX. r. 4.

* Be Dennis, 5 Jur. (KS.) 1388; Be Miles, 27 Beav. 579; Be Feff,
27 Beav. 576.

5 Be Hooper, 9 W. R. 729.

« Be Birkett, 9 Ch. D. 576.

' 13 & 14 Vict. c. 35.

» R. S. C. Ord. xxxiv. r. 9.

178 ADMINISTRATION.

Legacy Receipts and Releases. — In paying-
legacies bequeathed by a will an executor should see
that the legatee signs the proper form of legacy
receipt, which can be obtained at Somerset House ;
and in distributing the residue the safer course always
is to take a release from the residuary legatees.
Releases, however, are more generally prepared than
is necessary. It is only under certain circumstances
that a release may strictly be demanded.^

Bequests of Leaseholds. — Before advising exe-
cutors to give up possession of leasehold property of
their testator to a legatee under the will their solicitor
should refer carefully to §§ 27 and 28 of Lord St.
Leonards' Act,^ which define the liability of executors
or administrators in respect of rents, covenants and
agreements, and also in respect of rents, &c., in con-
veyances or rent-charges.

Registration. — A will of real estate, situate in a
register county, must be registered, but a will relating
only to leasehold estate, wdierever situate, need not
be registered ; it is often done, although quite un-
necessary. The primary object of registration is
notice, and as neither an executor nor a legatee can
dispose of leaseholds without producing the probate
or referring to the will, which would, of course, be
inspected by the purchaser's solicitor, it seems diffi-
cult to comprehend what further publicity can be
gained by registering the probate.

' King v. Mullins, 1 Drcu-. 308 ; Warter v. Anderson, 11 H. 301 ;
Godefroi on Trusts, 236.
- 22 & 23 Vict. c. 35

( 179 )

APPENDIX I.

Preparation and Expense of Documents.

The following table shews by whom, and at whose expense,
it is customary for various documents to be prepared, in the
absence of any stipulation to the contrary.

Documents.

By whom prepared.

At whose expense.

Abstract of title

Vendors solicitor

Vendor.

Agreement for purchase

Vendor's solicitor

Vendor.

Assignment

Assignee's solicitor .

Assignee.

Conditions of sale .

Vendor's solicitor

Vendor.

C!onditional surrender .

Mortgagee's solicitor.

Mortgagor.

Conveyance

Purchaser's solicitor .

Purchaser.

Counterpart of lease

Lessor's or lessee's soli-
citor.

Lessor.

Disentailing deed .

Tenant in tail's solicitor

Tenant in tail.

Lease

Lessor's solicitor .

Lessee.

Marriage settlement
lady's property.

Wife's solicitor .

Husband.

Marriage settlement
gentleman's property.

Husband's solicitor »

Husband.

Mortgage ....

•

Mortgagee's solicitor

Mortgagor.

Eeconveyance, on mortg
being paid oif.

age

Mortgagor's solicitor.

Mortgagor.

Surrender ....

•

Purchaser's solicitor, or
steward of the manor

Purchaser.

Deed of covenants to

ac-

Purchaser's solicitor .

Purchaser.

company same.

N 2

180 APPENDIX II.

APPENDIX IT.

Usual Conveyancing Chakges.

£ s. d.
Instructions . . • . • • .068

This charge is always allowed for any document,
whatever its nature.
Drawing, Is. per folio .....

This charge of Is. per folio is allowed for all
documents.
Fair copy, 4d. per folio .....

This charge is always made, but will not be
allowed by a taxing master unless the copy is
made.
Engrossing, i^d. per folio .....

This charge includes the examination of the draft
with the engrossment.
Stamps (as paid) ......

Attending to stamp . . . . . .068

This charge is always made, but is not allowed

by a taxing master unless ad valorem duty is

paid.

Parchment, per skin .....

Letters, each .......

Ditto, if special ......

Perusing document, when drawn by another soli-
citor, per skin of 15 folios . . . .050

No charge is allowed for perusing any alterations
made by another solicitor in a draft prepared
by yourself, but all correspondence and
attendances respecting such alterations are
allowed.

. 13

. 1

USUAL CONVEYANCING CHARGES. 181

£ s. d.
Examining engrossment with draft, per skin of 15

folios 3 4

This is only allowed when the draft is prepared
by another solicitor.
Attendances, of whatever description, per hour or

fractional part . . • . . .068

Journeys, per day (exclusive of expenses) . .330

£2 2s. only is allowed by some of the taxing
masters.
Making attested copies of documents, per folio 6

Stamps and paper for same (as paid) .
Examining and attesting same, 3s. 4:d., or 6s. 8d.,
according to length .
Attending searching for judgments
The like, crown debts
The like, annuities .
Paid .....
Attending making search at the Middlesex Kegistry

for incumbrances . . . . 13 4

Or according to the time engaged, besides the fee
paid on the search and for references.
Attending reading over and attesting execution of

deed 6 8

This charge is allowed, irrespective of the number
of persons executing the deed, if done at the
same time ; but for each separate attendance
the same fee is allowed.

f 6 8
Attending completion . . . . "j 13 4

W 1
Or according to circumstances.
Instructions for case for the opinion of counsel .068
Drawing same, per sheet . . . . .068

Fair copy per sheet

Fee to Mr. X. and clerk, with same (as paid)
Attending him
Instructions for abstract .
Drawing same, per sheet .

3 4

s. d.

3 4

6 8

182 APPENDIX II.

Fair copy, per sheet ....

Attending examining same with deeds, per hour .
This charge does not include the clerk taken with
you, for whose attendance 3s. ^d. per hour is
allowed, but if a journey is undertaken, then
the charge is made by the day, and the ex-
penses of the journey must be added.
Perusing abstract ......

The charge usually made is (Js. 8c?. for every
three sheets.
Fee to Mr. X. and clerk, to advise on same (as paid)
Attending him ......

Instructions for requisitions on title

Drawing same, per brief sheet ....

Fair copy .......

Perusing answers to requisitions on title, if short .

Or according to length.
Instructions for further requisitions . . .068

Drawing same (as before) .....

Perusing requisitions on title . . . .068

Or according to length and the difficulty of the
matter.
Drawing answers thereto .....

This is regulated by the difficulty of the matter.
Fair copy of the whole, for purchaser's solicitor,

per brief sheet . . . . . .034

( 183 )

APPENDIX III.

OiiiGiNAL Scale of Commission

Proposed by the Council of the Incorporated Law Society
for the remuneration of solicitors for their skill, labour and
responsibility in respect of loans and sales.

The commission is intended to include all charges for
negotiation, but to be exclusive of all disbursements and of
charges for searching and registering in register counties,
also of journeys out of England, and any extra work occa-
sioned by changes occurring in the course of the business
such as the death or insolvency of a party to the transaction.
It is not to include any business of a contentious character
nor any proceedings in any Court, such as an application for
a vesting order, or payment of money into Court on a
Chancery sale.

AS TO FEEEHOLDS AND COPYHOLDS.
SALES AND PURCHASES.

Vendor's

Solicitor.

Purchaser's Solicitor.

For every £100 up to £1000

A sum

equal to

£3 per ceut.

three -fourths of

the purchaser's

solicitor

s allow-

ance.

And in addition

After the first £1,000, for

Ditto

ditto

£2 per cent.

every £100 up to £5,000

And in addition

Afier tlic first £5,000, for

Ditto

ditto

£1 per cent.

every£100upto£5U,000

And in addition

After the first £50,000, for

Ditto

ditto

2 per cent.

every £100

APPENDIX III.

LOANS.

Mortgagor's Solicitor.

Mortgagee's Solicitor.

For every £L00 up to £2,000

A sum equal to
three -fourths of
the mortgagee's
solicitor's allow-

£2 per cent.

And iu addition

After the first £2,000, for
every £100 up to £15,000
And in addition

After the first £15,000

ance.
Ditto ditto

Ditto ditto

£1 per cent.
5 per cent.

Loans under the Drainage
Acts — on County and Bo-
rough Eates — Docli Dues —
and for other purposes under
statutory powers, and se-
curities of a lilie nature.

The Council is not
prepared to suggest
a scale for the re-
muneration of the
mortgagor's soli-
citor on this class
of securities.

At the rate of one-
half of the allow-
ance of the mort-
gagee's solicitor in
respect of freeholds
and copyholds.

The commission on sale or mortgage of leaseholds for terms not exceed-
ing originally 100 years, shall be one-fourth less than the scale on sale or
mortgage of freeholds and copyholds.

Fractional parts of £100 to be reckoned as £100.

Where the same solicitor acts for both mortgagor and
mortgagee, he should have the mortgagee's solicitor's allow-
ance, and one-fourth of the allowance of the mortgagor's
solicitor.

Where a loan on mortgage forms part of a sale and purchase
transaction, and the same solicitor acts, the solicitor should
be entitled to one-half the allowance for a mortgage in
addition to the allowance for a sale and purchase.

Where the same solicitor acts for both vendor and pur-
chaser, he should have the purchaser's solicitor's allowance,
and one-fourth of the allowance of the vendor's solicitor, of
the aggregate of which, in the absence of a special agree-
ment, the vendor should bear two-fifths and the purchaser
three-fifths.

Sales in lots to be treated as separate transactions if lots
are sold to separate purchasers.

ORIGINAL SCALE OF COMMISSION. 185

On sales by auction, if a contract is not entered into
for the sale of the property, or (if there be more than one
lot), lor the sale of all the lots, then the vendor's solicitor
shall have only one-third of the allowance calculated on
the reserved price of the property, or of the several lots
unsold.

[Appendix IV.

18G APPENDIX lY.

APPENDIX IV.

New Scales of Fees

Suggested by the Cuuncil of the Incorporated Law Society
for the remuneration of Solicitors in Conveyancing Trans-
actions — June, 1880.

These Scales are intended to include all charges for pro-
curation and negotiation, but not counsel's fees, stamps,
plans, travelling expenses, or other disbursements, or time
expended on journeys beyond 200 miles, or out of England ;
nor any business of a contentious character, such as proceed-
ings to enforce performance of a contract, nor any proceedings
in any Court, such as a vesting order or payment of money
into or out of Court on a Chancery Sale; nor charges for
searching and registering in register counties, nor acknow-
ledgments by married women, nor extra work occasioned by
changes occurring in the course of the business, such as the
death or insolvency of a party to the transaction.

Fractions of £100 are, throughout, to be reckoned as £100
in the case of sales, purchases, and mortgages. As to leases
at rack rent, fractions of £10 are to be reckoned as £10, and
as to conveyances reserving rent, and building or repairing
leases, fractions of £5 as £5.

NEW SCALE OF CONVEYANCING FEES. 187

SALES AND PURCHASES.

PROPOSED SCALE.

Amount of

Vendor's Solicitor

Purchaser's Solicitor

3 i^er cent to £500

PUBCHASE-MONEY.

f of Paid laser's

li „ £5,000

Solicitor

f „ £50,000
f „ afterwards

£ s. d.

£ s.

HOO

6 15

500

11 5

1,000

16 17 6

22 10

2,0D0

28 2 6

37 10

3,000

39 7 6

52 10

4,000

50 12 6

67 10

5,000

61 17 6

82 10

6,000

67 10

7,000

73 2 6

97 10

8,000

78 15

105

9,000

84 7 6

112 10

10,000

120

15,000

118 2 6

157 10

20,000

146 5

195

30,000

202 10

270

40,000

258 15

345

50,000

315

420

60,000

343 2 6

457 10

70,000

371 5

495

80,000

399 7 6

532 10

iJO,000

432

576

100,000

455 12 6

607 10

200,000

736 17 6

982 10

Sales in lots to be treated as separate transactious, if lots
are sold to separate parcliasers.

In sales and purchases of equities of redemption, the
Scale to be calculated on the money paid, and the
principal of the mortgage debt.

188

APPENDIX IV.

LOANS.

PROPOSED SCALE.

Amount of Loan.

Mortgagor's Solicitor

Mortgagee's Solicitor

f of Mortgagee's
Solicitor.

2 per cent, to £2,000
1 „ £15,000

h „ afterwards

£ s.

300

4 10

500

7 10

1,000

2,000

3,000

37 10

4,000

6,000

52 10

6,000

7,000

67 10

8,000

100

9,000

82 10

110

10,000

120

15,000

127 10

170

20,000

146 5

195

30,000

183 15

245

40,000

221 5

295

50,000

258 15

345

60,000

296 5

395

70,000

333 15

445

80,000

371 5

495

90,000

408 15

545

100,000

446 5

595

200,000

821 5

1,095

NEW SCALE OF CONVEYANCING FEES. 189

Leases and Conveyances in Fee, or for Long Terms on
Kents (which are usually called chief or fee farm
rents).

(a) FOR LEASES AT RACK RENT (EXCEPT MINING LEASES).

Lessor's Solicitor, for preparing and completing lease.

Up to £40 rent £4.

For every £10 beyond £40

to £100 15s.

For every £10 beyond £100

to £200 5s.

■^ , i. niA i 2s. 6^,, but the total not to

For every subsequent £10 < , p^„

■r , c^ I' f One-third of the amount

Lessee s Solicitor lor pe- \ n .t xi. t »

, „^ 1 payable to the Lessors

rusmg dratt and com- \ o i- -j. i ^ . i

. .. 1 feolicitor, but never to be

Pl^*'^- ( less than £2.

The Lessor's Solicitor to have £2 in addition in all cases
where there is a counterpart.

{h) FOR CONVEYANCES IN FEE, OR FOR ANY OTHER FREEHOLD
ESTATE RESERVING RENT, OR BUILDING LEASES
RESERVING RENT.

Vendor's or Lessor's Solicitor, for preparing and com-
pleting conveyance or lease (exclusive of abstract of
title, if furnished) : —

Up to £5 rent ... ... £5.

For every £5 beyond £5
to £50 20s.

For every £5 beyond £50
to £150 10s.

TTi i'r. y J XM f;A f '5^-> but the total not to

For every £5 beyond £150 < , ,.

-n , T » r One-third of the amount

Purchaser s or Lessee si 1 1 ^ ^i tt i ,

r. • payable to the Vendor s
Solicitor, lor perusins: i ^ ^ , ^ ^■ . ,

1 f^ J 1 f^. '=' 1 or Lessors Solicitor, but
dralt and completmg ... i ^ i i .^ nc

{ never to be less than £.3.

The Vendor's or Lessor's Solicitor to have £2 in addition
in all cases where there is a counterpart or duplicate.

190 APPENDIX V.

Marriage Settlements.

FOR THE L/!lDY's SOLICITOR.

For the first £2000, one per cent.

After the first £2000, and up to the first £10,000, ten
shillings per cent.

After the first £10,U00, 2s. 6d. per cent.

FOR THE gentleman's SOLICITOR.

One-half of the charge of the Lady's Solicitor.

In capitalising, land is to be taken at thirty years' and
liouses at twenty years' purchase ; Policies of Life Icsurance
where the annual premiums are secured by income arising
from property, are to be taken at the amount insured ;
in other cases at half the amount insured. Where an estate
is settled subject to prior charges, one-half of such charges
to be deducted.

APPENDIX V.

Instructions

To be sent to a Non-professional Person with a Deed for
Execution.

Instructions for Execution of the accompanijing Deed.

Sign the deed at the foot, in front, opposite the seal [and
also under the receipt indorsed at the back] in the place
where yuur name is written in pencil : place a finger on the
seal and say, " 1 deliver this as my act and deed." A witness
should see you sign the deed [and receipt] and should write
his or her name, place of abode and profession or calling,
under the attestation at the back where " Witness's name,
&c.," is written in pencil, [and should write his or her name
only under the receipt where " Witness's name only "
written in pencil]

PART II.

PRECEDENTS.

ADVERTISEMENTS.

Advertisement yi?r Creditors by Executor under
Lord St. Leonards Act.

A. B., deceased.
Notice is hereby given, that all creditors and other persons ^
having any debt or claim upon or affecting the estate of
A. B., late of &c., who died on [date], and whose will was
proved in the Principal Registry of the Probate Division of
the High Court of Justice on [date], by 0. D,, of &c. [the
relict of the deceased], and , the executors thereof, are

hereby required to send in the particulars of their claims to
the said executors, at [specify residence or office of exors
or solrs], or to us the undersigned, their solicitors, on or
before [date], at the expiration of which time the said exe-
cutors will proceed to distribute the assets of the said A. B.,
the testator, among the persons entitled thereto, having
regard to the debts and claims only of which the said exe-
cutors shall then have had notice ; and the said executors
will not be liable for the assets so distributed to any person
of whose debt or claim they shall not have had notice at the
time of such distribution.

Dated the day of , 18 .

[Signature], London, solicitors to the executors
of the said A. B.

' See Newton v. Sherry, 1 C. P. D, 246.

194 PRECEDENTS.

II.

Advertisement for Creditors by Administrator
tmdcr Lord St. Leonards Act.

A. B., deceased.

Pursuant to the statute 22 k 23 Vict. c. 35, intituled
" An Act to Amend the Law of Property and to Relieve
Trustees," notice is hereby given, that all persons having
any claims against the estate of A. B., late of &c., in the
county of Y., Draper, deceased (who died intestate on the
[date], and of whose personal estate and effects letters of
administration were granted by the W. District Eegistry of
the Probate Division of Her Majesty's High Court of Justice,
on the [date], to C. B., [the natural and lawful brother, and]
one of the next of kin of the deceased), are required to send
particulars thereof in writing to the administrator, at my
office, R. Street, X., in the said county, on or before the
[date], after which day the administrator will proceed to
distribute the assets of the said deceased, having regard
only to the claims of which he shall have had notice. —
Dated this &c.

T. W., Solicitor for the administrator, R. Street, X., in
the county of Y.

( 195 )

AFFIDAVITS.
III.

Affidavit verifying Notice of Dissolution of
Partnership.

I, G. H., of &c., make oath and say, that I was present on
the \date\ and saw A. B., of &c., C. D., of &c., and E. F., of
&c., severally sign the notice of dissolution of partnership
hereto annexed, and that the names " A. B.," " 0. D,," and
" E. F.," severally subscribed, at the foot of the sd notice of
dissolution, are the several handswriting of the said A. B.,
C. D., and E. F., respectively, and that the name " G. H."
appearing as that of the attesting witness of the said notice,
is my own handwriting.

G. H.
Sworn at X., in the county
of Y., this day of

1880, before me
K. L., a commissioner to
administer oaths in the
Supreme Court of Judica-
cature in England.

IV.

Affidavit to obtain Distringas on Stock.

In the matter of \state will or settlement]

and
In the matter of the Act of Parliament,
5 Vict. c. 5.

I, A. B., of &c. [or, X. Y., &c.],^ make oath and say that,
according to the best of my knowledge, information and

^ The affidavit may be made by the party himself or his solicitor. For
Form of Notice to Company, see Form CV, p. 404, infra.

o 2

19(5 PRECEDENTS.

belief, 1 am [or, if the affidavit is made hy A. B.'s solicitor,
A. B. of &c., 2s] beneficially interested in the stock

comprised in the [settlement or uill] a!)Ove mentd, which stock,
according to the best of my knowledge and belief, now con-
tists of the stock specified in the notice hrto annexed.

Sworn, &c. [as in Form III.^

This afdt is filed on behalf of A. B., whose address is &c.

Affidavit of due Execution ^Bill of Sale.

In the High Court of Justice,
Queen's Bench Division.
I, A. B., of &c., a solicitor of the Supreme Court, make
oath and say as follows : —

1. The document hereto annexed and marked A is a true
copy of a bill of sale and of every schedule or inventory
thereto annexed or therein referred to, and of every attesta-
tion of the execution thereof, as made and given and executed
by C. D.

2. The sd bill of sale was made and given by the sd C. D.
on [date\.

3. I was present and saw the sd C. D. duly execute the
same on the [cZa^e].

4. The sd C. D. resides at &c., and is a [occu'patiort^.

5. The name, A. B,, subscribed as the attesting witness
thereto is in my own handwriting.

6. I am a solicitor of the Supreme Court.

7. Before the execution of the said bill of sale by the sd
C. D. I fully explained to him the nature and effect thereof.

Sworn at &c., on [date\

AFFIDAVITS. 197

VI.

Affidavit of due Execution of Bill of Sale given
by Sheriff.

I, A. B., of &c., a solicitor of the Supreme Court, make
oath and say as follows : —

The document hereto annexed is a true copy of a bill of
sale and of every schedule or inventory thereto annexed or
therein referred to and of every attestation of the execution
thereof.

The said bill of sale was given on \date\ by C. D., the
sheriff of the county of X. therein named \or by E. F. who
was then one of the deputies of the said C. D, the sheriff
of the county of X], under and in execution of a writ ot
ji. fa. issued out of the Chancery Division of the High Court
of Justice against E. F., the person named in such bill of
sale.

The said bill of sale was duly executed in my presence
and was ddy attested by me.

The said G. H. resides at &c., and is a &c.

The signature A. B. subscribed as the attesting witness to
the said bill of sale is in my own handwriting, and 1 reside
at &c., and am a solicitor of the Supreme Court.

Sworn, &c.

VII.

Affidavit for the Re-registration of a Bill of Sale.

I, A. B., of &c., do swear that a bill of sale dated, &c.,
and made between [insert the names, &g., of the parties of the
Ml of sale as in the original hill of sale] and which said bill of
sale [or, and a copy of whicli said bill of sale] was regis-
tered on the [date] and is still a subsisting security.

Sworn, &c.

198 PKECEDENTS.

VIII.

Affidavit verifying Consent to Order for entering
Satisfaction of Bill of Sale.

I, A. B., of &c., a solicitor of the Supreme Court, make
oath and say as follows : —

I was present on the [date] and saw E. F., of &c., who at
the time the bill of sale hereinafter mentioned was given
resided at, &c., and was, &c., sign the consent hereto annexed
to an order that a memorandum of satisfaction be written
upon the registered copy of a bill of sale dated, &c., and
made between C. D. of the one part and E. F. of the other
part, and registered on the [date], the debt for which such
bill of sale was given having been satisfied or discharged.

Sworn, &c.

( 1^9 )

AGREEMENTS.^
IX.

Agreement for Sale of Freehold House — Short

Form

An Agreet, made the day of, &c., between A. B., of

&c., of the one part, and C. D., of &c., of the other part : —

1. The sd A. B. agrees to sell and the said C. D. to buy
for £ the inheritance in fee in possession of and in all
that messe known as North Villa, situate in X. Road at Y.,
in the county of Z., with the garden, outbuildings and
appurts as now in the occupation of the sd A. B.

2. The pche shall be completed on the [(?a^e], when the
sd C. D. shall be let into possession of the prems, all out-
goings up to that time being cleared by the sd A. B. ; and if
from any cause (not being the fault of the sd A. B.) the pche
shall not be then completed, the sd C. D. shall pay interest
on the balance of pche-moy from that day until the actual
payment thereof at the rate of £5 per cent, per annum.

3. The title to tiie prems shall commence with a convce
dated &c., and no earlier title shall be called for or objected
to, and all certificates from registers and declous VNhich the
said C. D. may require, whether for the purpose of title,
identity or otherwise, shall be paid for by him ; all recitals
and statements in the said conveyance shall be deemed con-
clusive evidence of the matters, facts, and conclusions of law
therein recited, stated, or implied.

4. The sd C. D. shall pay a deposit of £ on the
signing hereof, and in case the sd C. D. shall make a valid

^ Precedents of documents which, although in form Agreements, take
effect as Leases, will be found under the head of " Leases and Tenancy
Agreements," i'n/ra, p. 365.

^ This is a form which does not unduly curtail the ordinary rights of a
purchaser.

200 PRECEDENTS.

objection to the title which the A. B. shall be unable to
remove, the sd A. B. may put an end to this agreement by
notice in writing to the sd C. D. to that effect, in which
case the sd A. B. shall repay the said sum of £ which

shall be accepted by the sd C D. in full satisfaction of all
claims in respect of this agreement.
As WITNESS the hands of the parties.

Agreement /or Sale 0/ a Freehold Farm by
Trustees ^« Will}

An Agreet made the day of &c., between A. B. of &c.,

and C. D. of &c. (hrnftr called the vendors) of the one part,
and E. F., of &c. (hrnftr called " the purchaser ") of the
other part.

1. The vendors will sell and the purchaser will buy for

£ , the inheritance in fee simple in possession of and in

ALL THAT farm known as X. farm, in the parish of Y., in the
county of Z., with the messe and farm buildings thereon,
and the appurts, which sd farm comprises the closes of land
specified (with the approximate dimensions thof resply) in
the scliedule hereto.

2. The vendors will deliver to the purchaser an abstract
of title to the prems, to commence with an [award dated
in April, 18(54, under the Y. Inclosure Act, and the regularity
of such award, and its validity in all respects, shall be
admitted by the purchaser, and he shall not be entitled to
call for the production of the title of the lands in respect of
which the prems were allotted.] ^

3. The purchaser shall send to the office of the vendor's
solicitors [at Y afsd] his objections and requisitions, if any,

' This is a full form, with all the usual general clauses. Particular
defects in title may render other clauses necessary in certain cases. See
forms of Special Conditions of Sale, pp. 289-297, infra.

2 This clause must, of course, be varied to suit the title of the particular
property sold.

AGREEMENTS. 201

ill respect of the title, the parties to or form of convce within
twenty-one days after the delivery of the abstract, and any
farther objections or requisitions within fourteen days after
the delivery of the replies in respect of which they are
made, the title, except as so objected to, being considered as
accepted, and in this respect time shall be of the essence of
the contract : and if any objon or requon be insisted upon
which the vendors shall consider themselves unable to remove
or comply with, they shall be at liberty, notwithstandmg any
previous negotiation, to rescind the contract by notice in
writing signed by their solicitors, and shall thereupon repay
to the purchaser his deposit, but without interest, costs, or
damages.
[Here insert any special clauses that the title mmj render
necessary.^

4. The purchaser shall not require the production, or any
copy of, or investigate or make any objon or requon in
respect of any instrument dated previous to the said award,
whether or not the same is recited in or referred to in any sub-
sequent deed, or otherwise appears in the abstract, and every
recital or statement in any document dated [fifteen] years
prior to the day of the sale, shall be conclusive evidence of
the facts, matters, and conclusions of law recited, stated, and
implied therein ; and the purchaser shall pay for all certifi-
cates, attested, official, or other copies of or extracts from any
documents, and all declarations or other evidence required
by him for any purpose whatever, and for the production
and inspection of all deeds and evidences not in the pos-
session of the vendors (and to the production of which the
purchaser is entitled), and he shall bear the expense of
deducing and getting in the title to any outstanding term or
estate and of all searches, travelling and other incidental
expenses incurred in respect of the matters aforesaid.

5. The property is believed and shall be taken to be
correctly described, and is sold subject to all easements and
outgoings. If any error or misstatement be discovered, it
shall not annul the sale or entitle either party to com-
pensation.

202 PRECEDENTS.

[0/ All deeds not properly registered in the county-
register shall, if required and practicable, be registered or
re-regi.stered at the purchaser's expense ; but no other
requon or objon shall be made in respect thereof.]

7. The purchaser shall bear the expense of stamping or re-
stamping any unstamped or insufficiently stamped documents.

8. The purchase shall be completed at the office of the
vendors' solicitors on the [cZa^e], up to which time the vendors
will receive the rents and profits and pay the outgoings of
the prems; but if from any cause whatever other than the
wilful default of the vendors the purchase shall not be com-
pleted at that time the purchaser shall thenceforth pay
interest on his pche-moy at £5 % per ann; until the actual
payment thereof.

9. The vendors acknowledge receipt of a deposit of £ ,
and on pmt of the balance of the pche-moy at the time and
place afsd, they will execute a proper conveyance of the said
prems to the purchaser, but being only devisees in trust for
sale, they will only enter into the usual separate covenants
against incumbrances.

10. All deeds in the vendors' possession relating solely to
the said prems will be delivered to the purchaser on the com-
pletion of his purchase, but the vendors will retain the
piobate of their testator's will [and will retain and enter into
tlie usual limited covenant to produce all documents relating
as well to the sd prems as to other property of their testator].

As Witness, &c.

The Schedule above referred to.

xr.

Agreement for Sale of Leasehold Houses held by
Undeidease.

CONCISE FORM — VERY STRINGENT.

An Agreet made [date]. That A. B., of &c. (as vendor)

agrees to sell, and C. D., of &c. (as purchaser) agrees to i)clie

^ Thia clause is only required for proiierty in Yorkshire or Middlesex.

AGREEMENTS. 203

for the sum of £ the xendor's interest in the property

described at the foot hereof. No evidence of identity shall
be required beyond what deeds in the posson of the vendor
afford, nor shall any objon be made in respect throf nor on
account of any deed or document not being registered in
Middlesex or owise, and the vendor shall not be bound to
produce any deeds or documents not in his actual posson.

The requons (if any) to be delivered within seven days
from the transmission of the abstract, and the title to be
considered as accepted subject only to any requons or objons
then made, whether such abstract be perfect or not, time in
all respects being the essence of this contract. The pcher
shall on the exon hrof pay to the vendor or his agent the

sum of £ as a deposit, and in part payment of the pche-

moy, and shall pay the remainder of the pehe-mouey and
complete his pche on [date] at the ofBce of the vendor's solrs
and from that date the pcher to be entitled to the rents and
profits or to posson. If delay in completion should arise
from whatever cause the pcher to pay interest at 5 per cent,
upon the balance of the pche-moy unless the vendor shall
elect to take the rents and profits in lieu of such int. The
pcher to pay to the vendor in addition to the pche-moy the
proportion of any current rents, as also the proportionate
amount of insurance under the existing policy. All deeds
and documents to be accepted without objection whether un-
stamped or insufficiently stamped. Should any valid objon
to the title be raised which the vendor may be unable, or by
reason of expense or or wise decline, to remove, he shall be at
liberty to put an end to this contract by returning the deposit
paid without being liable to int or expenses of any descrip-
tion. . The receipt for the ground rent last paid to be
accepted as conclusive evidence of all covts stipulns and
provons in the lease having been duly performed, and of all
breaches of covenant whether continuing or not having been
waived up to and including the day of completion. The
assignment to be prepared by and at the cost of the pcher,
and every assnce and act (if any) which shall be re(juircd by

204 PRECEDENTS.

the pciher for getting in, surrendering, or releasing any out-
standing este, right, title, or interest, or for completing or
perfecting the vendor's title, or for any other ppse, shall be
prepared, made, and done by and at the expense of the
poller. All attested ofiHcial or other copies of or extracts
from deeds, wills, proceedings, registers, or other documents,
whr in the posson of the vendor or not, and all certificates,
deeds of covt, declons, or evidence of title, and the prodon
and inspection of any document or other evidence (if any)
not in the vendor's posson, and all information not in the
vendor's knowledge, whether required for the completion
or verification of the title or the abstract, shall be sought
for and obtained at the pcher's expense in all respects. The
vendor to pay or allow all outgoings or proportions thereof
payable by him up to the date from which the pcher takes
the benefit of his purchase. The property is believed to
have been faithfully described, but should any error inad-
vertently appear such shall be the subject of compensation
(having regard to the pche money) to be ascertained by two
referees in the usual manner, it being however understood
that the pcher has satisfied himself as to the state of repair
by inspection. Should the pcher fail to complete his pche at
the time fixed the vendor to be at liberty to put an end to
this contract without tendering an assignment, the deposit in
that case to be forfeited as ascertained and liquidated damages,
and not by way of penalty, or at the vendor's discretion, he
may enforce a specific performance of this contract.

DESCKIPTION OF THE PKOPEllTY.

Nos. 1, 2, 3, and 4, X. Street, Y., in the county of
Middlesex, let to weekly tenants, landlord paying rates and
taxes. The property is held by underlease for the residue of
a term of years from the [^a^e], less forty days, at a

net rent of £ a year, payable quarterly.

SPECIAL CONDONS.

The title shall commence with the underlease under which

AGEEEMENTS. 205

the vendor holds, dated the 9th of February, 1863, which
shall be deemed and taken to be well granted, and no earlier
or other title shall be called for, inquired into, or objected to,
and no objection shall be made or taken by reason of any
superior lease having comprised other pres.

[Signatures.]

XII.

Agreement /or Sale 0/ Leasehold Premises mid
Stock in Trade of a Lace Manufacturer, the
Value of the Stock to be paid by Bills.
An Ageeet, made the day of &c., between A. B.

of &c., of the one part, and C. D. of &c., of the other part,
as follows, namely : —

1. The said A. B. agrees to sell, and the said C. D. agrees
to buy, all that warehouse, situate &c. with the appurts
thrto belonging, as the same is held by the said A. B.,
under an indre of lease for a term of twenty-one years
from \date\ at the yearly rent of £ , and subject to the
lessee's covenants and conditions in the said indre contained,
and now in the occupation of the said A. B., together with
the warming apparatus and all the fixtures thru or thrto
belonging (except fixtures belonging to the landlord) : And
also all tliat factory situate &c., with the appurts thrto be-
longing, as the same are held by the said A. B. under an
indre of lease for a term of twenty-one years, from \date\
at the yearly rent of £ , and subject to the lessee's
covenants and conditions in the said indre contained, and
now in the occupation of the said A. B., together with all
the fixtures thru or thrto belonging (except fixtures belong-
ino- to the landlord) : And also all that room at the said
factory, and all those other rooms situate at &c., with the
appurs, held by the said A. B. as a yearly tenant, at the
respective yearly rents of £ and £ together with all
and singular the fixtures thrin or thrto belonging (except
fixtures belonging to the landlord).

20 G PRECEDENTS.

2. Each party shall on signing thisagreet appoint a valuer,
or in case eir party shall make default in so doing the other
may appoint two valuers; the two valuers, immediately after
their appointment, shall name an umpire to decide between
them in case of dispute ; such two valuers or their umpire
shall, on the [date] proceed to fix and award the sum to be
paid by the said C. D. to the said A. B. for the purchase of the
said premises and fixtures, and the sum so fixed and awarded
shall be final and conclusive.

3. The said purchase shall be completed and the purchase-
money paid on the [date] ; and in case default shall be made
in the completion of the said purchase on that day, interest
shall be paid on the amount of the said pche-moy at the
rate of £5 per cent, per an. from the said [date] to the time
the money shall be paid.

4. On the completion of the purchase the said C. D. shall
be let into posson of the said prems, and entitled to the rents
and profits throf as from the [date] ; all outgoings up to
which time shall be paid by the said A. B.

5. The title to the said prems shall commence with the
several leases and agreets under which the same are resply
held, and the said C. D. shall not call for the title of the
lessors, nor make any objection whatever in respect thereto ;
and the production of the receipts for the payment of the
rents in respect of the said premises up to the [date] shall be
conclusive evidence of all the covts in the said respective
leases and agreets having been duly performed, notwith-
standing any prior breach may be shown.

6. The said A. B. also agrees to sell, and the said C. D.
agrees to buy, upon the terms mentioned in paragraph 7 of
this agreet, all the J 416 frames belonging to the said A. B.

7. The said C. D. shall on the completion of the purchase
of the before- mentioned prems execute to the said A. B.,
his executors, administrators, and assigns, a bond prepared
by the solicitors of the said A. B., but at the expense of the
said C. D., in a sufficient penalty conditioned for the payment
to the said A. B. during his life, by quarterly payments, of

AGREEMENTS. 207

a yearly annuity of £ , tlie first qnaite'rly payment to

be made on the [^Zaie], and for the payment to E. B., the
wife of the said A. B., in case she shall survive him, during
her life of a yearly anny of £ : Provided always, that

said respective anns, or any aliquot portion thereof respec-
tively, shall be redeemable by the purchase of a government
anny or other satisfactory anny or secy of like amount as
the anny or portion thof redeemed.

8. In case it shall happen t'lat the purchase of the prems
mentioned in paragraph 1 hereof shall, through the neglect
or default of the said C. D., not be completed on the [date],
the said C. D. shall pay to the said A. B. or his wife, as the
case may be, the first quarterly payment of the saiil annuity on
the [date], and shall continue to make the said quarterly
payments until the above-mentioned bond shall have been
given.

9. The sd A. B. also agrees to sell, and the said C. D.
agrees to purchase, all the stock in trade, wares and merchan-
dize of the said A. B. both manufactured and unmanufactured,
at the price following, that is to say, the manufactured
articles at the suras specified in the regular list of prices of
the said A. B., less five per cent, discount ; and the unmanu-
factured articles, both in the warehouses and in the hands
of the workmen, at their nett prime cost, to be fixed by
reference to the business books of the said A. B.

lU. The sd stock in trade, wares and merchandize shall
be paid for, with interest, as follows, namely, interest shall
begin to run in respect of such part of the purchase-money
thereof as shall remain unpaid from [date]. The said C. D.
shall, on the sd [date], accept bills drawn by the said A. B.
on him, and payable in manner following, that is to say, a
bill payable six months after date for one-fourth of the full
iimount or value of the said stock in trade, wares and mer-
chandize, ascertained as afsd ; a bill payable nine months
after date for 1000/., and such further simi added thereto as
three months' interest on the value of the said stock in
trade, wares and merchandize, ascertained as afsd shall

208 PRECEDENTS.

amount to, after deduetiug the afsd one-fourth part thereof so
paid as afsd ; a bill payable twelve months after date for £1000,
and such further sum added thereto as three months' interest
on the balance remaining of the said full value shall amount
to, after deducting the amount so paid as aforesaid : a bill
payable fifteen months after date for £1000, and such further
sum added thereto as three months' interest on the balance
then remaining of the said value shall amount to, after
deducting the amounts so paid as aforesaid ; and such further
bills for £1000 each, payable at every succeeding three
months, with interest added thereto, calculated in manner
afsd, as shall be requisite or necessary to make up the full
value of the said stock in trade, wares and merchandize.
The stamps on all the sd bills of exchange shall be paid for
by the said 0. D.

11. And for the due observance and performance of the
stipulons and agreets herein contd on the part of the sd
C. D., the sd C. D. doth hereby bind himself unto the said
A. B. in the following sums, namely : —

For the performance of the agreet hnbfre contd for the
pche of the sd warehouse and factory in the sum of £500 ;
for the performance of the agreet hrnbfre contd for pche of
the sd frames in the sum of £2,000 ; for the performance of
the agreet hrnbfre contd for pche of the sd stock in trade,
wares, and merchandize, in the sum of £2,000 ; all which
said sums it is hereby declared and agreed shall be considered
as liquidated damages, and not by way of penalties.^
As WITNESS the hands of the parties.

XIII.

Agreement for the Sale of a British Ship.
An Agkeet made &c., between Iparties A. B. and C. D..]
The sd A. B. agrees to buy and C, D. to sell the ship or
vessel called the Arno built at Newcastle upon Tyne of the

^ As to the last clause, see Kemble v. Farren, 6 Bing. 141 ; Reynolds v.
Bridge, 6 E. & B. 541.

AGKBEMENTS. 209

measurement of 300 tons or thereabouts, now lying at New-
port, Mon : for the sum of £ of which £50 is now paid to

the broker to bind the bargain ; which sd ship or vessel hath
been duly registered pursuant to an Act of Parliament for
that purpose made and provided, and a copy of the certificate
of such registry is set forth in the schedule hereto.

On payment of the pche-moy within one calr month from
the date hereof, a legal bill of sale shall be made out and
executed to the purchaser at his expense, and the sd ship
with what belongs to her shall be delivered according to the
inventory which has been exhibited, but the said inventory
shall be made good as to quantity only. And the sd ship,
together with all her stores, shall be taken with all faults,
in the state and condition in which they now lie, without
any allowance or abatement whatsoever, within one calendar
month from the date hereof. But if default shall be made
by the purchaser in the payment above mentd, the deposit
shall be forfeited, and the sd A. B. shall be at liberty to
put up and sell the said ship again, either by public or
private sale, and the deficiency, if any, upon such resale
shall be made good by the defaulting purchaser, who shall
be responsible for risks of every description, subsequent to
the present pche, and for all charges that may be incurred
in consequence of noncompliance with this agreet ; and
neither the broker nor the sd A. B. shall be accountable for
the forfeited deposit.

The said ship is declared to be at the risk of the purchaser
immediately after he is put into possession of her.

As WITNESS, &C.

The Schedule above referred to.

N.B. — Here eopj the Certificate of Registration with the
endorsements on the hack thereof.

210 PKECEDENTS.

XIV.

AcREEMENT/^'r the Lease or Underlease of a House
— Short Form.

Agreement made the day of &c., between A. B., of

&c., of the one part, and C. D., of &c., of the other part: —

1. The said A. B. agrees to grant, and the said C. D. to
take, a lease of the messe and prems, No. 9 in X. street, as
the same were late in the occupation of E. F., for seven years
at £65 per annum, payable quarterly.

2. The lease and a counterpart thereof shall be prepared
and engrossed by the sd A. B.'s solicitor at C. D.'s expense.

3. The said C. D. shall assume that the said A. B. has
full power to grant the sd lease, and shall not be entitled to
any abstract of or to investigate or make any objon or
requon in respect of the title of the said A. B. or any prior
or other title to the prems.^

4. The lease shall contain the following covenants by the
lessee, to pay rent, land tax, sewers and main drainage rates,
and all other outgoings (property tax excepted), to keep the
premises fully insured against fire in the sum of £1200, in
the usual manner, not to assign or underlet without lessor's
consent, but such consent not to be capriciously or without
reasonable cause withheld, to keep the premises in good
repair, and so to yield them up, and also all other usual ^
covenants and provisions [including covenants similar to
those in the lease under which the sd A. B. holds the
prems].^

As WITNESS &C.

^ This clause is only necessary in an agreement for an underlease. In
granting any lease the title to the freehold cannot be called for. See
s. 2 (1) of the Vendor and Purchaser Act, 1874.

^ As to what are usual covenants, see p. 91, ante.

AGREEMENTS. 2 1 1

XV.

Agreement y^T « Mortgage.

An Ageet made &c., between A. B., of &c., of the first part,
C. D., of &c., of the second part, and E. G., of &c., of the
third part, Whas, under the uill of H. L., late of &c., de-
ceased, dated, &c. the sd A. B. alleges that he will, upon
attaining of the age of twenty-five years, become absolutely
entitled in fee, free from incumbrances (except the annies
of &c., amounting in all to the yearly sum of £240) to an
undivided moiety of certain estates devised by the sd will
and thru described asall the testator's estates resply called &c.,
situate in &c. : And whas the sd A. B. alleges that he is now
twenty-three years of age : And whas the sd A. B. also alleges
that the sd C. D. is now twenty-one years of age and that he
will also become entitled to the other moiety of the same estes
upon attaining the age of twenty-five years : And whas
the sd E. G. has agreed upon the said A. B. satisfying
him as to the value and title of the proposed secy to lend
the sum of £12,000 to the sd A. B., upon the secy of a
mtge of the sd moiety and of such policy of assce as hrnftr
mentd : And whas the sd 0. D. has agreed to join in these
presents in manner hrnftr appearing : Now these presents
WITNESS as follows : —

1. The sd A. B. shall forthwith, at his own expense,
deduce a good title to an undivided moiety of the estes
alleged to have been devised to him as afsd, to the satisfac-
tion of the solicitor of the sd E. G.,^ and also procure a
valuation thof by such valuer as the sd E. G. shall appoint.

2. As soon as the title of the sd A. B. to the sd moiety
shall have been approved of on behalf of the sd E. G., the
sd A. B. and all other necy parties (except the sd annants)
shall, upon the request of the sd E. G., but at the cost of
the sd A. B., convey the sd moiety to the use of the sd E. G.
in fee, free from incumbrances (except the sd annies) by

' As to this stipulation see Hndsor) v Burk^ 7 Ch. D. 683.

p 2

212 PEECEDENTS.

way of mortgage for securing the pmt to him of the sum of
£12,000 with int thou, at the rate of £5 per cent, per ann,
and the said mortgage shall contain such power of sale, and
such covenants and clauses as the solicitor of the sd E. Gr.
shall reasonably require, including a clause sufficient to
charge the whole of the sd annies upon the mansion and
lands whof the sd A. B. is seised in fee, free from incum-
brances, and now in his own occupation at, &c., with all
other necy powers for enabling the sd E. G. to hold the sd
moiety freed from the sd annies, and for exonerating not
only the same moiety, but also (as between the sd parties
hereto) the moiety of the sd C. D. from the sd annies, and
every of them, and every part thof, and for indemnifying
and protecting the sd E. G. and the entirety of the sd estes
so devised as afsd during the continuance of the sd mtge
secy, from the sd annies.

3. The sd A. B. shall, if required, at his own expense,
effect an assce on his life for indemnifying the sd E. G.
agnst all loss in the event of the death of the sd A. B.
under the age of twenty-five years, such assce to be effected
in the name of the sd E. G. in such office, for such sum, and
upon such terms and condons as the sd E. G. shall reasonably
require, and the premiums in respect of such assce shall be
deducted from the amount of the proposed advance.

4. The sd E. G. shall, on the completion of the sd mtge,
advance to the sd A. B. the sum of £12,000.

5. At any time after the sd [date], but before the com-
pletion of the sd mtge, the sd E. G. shall be at liberty to
pay the sd £12,000, or any part thof, into the X bank to a
deposit account in his own name but at the risk of the sd
A. B. ; and from the date of such pmt (unless there shall
be a delay in completion arising through the default of the
sd E. G. or his solor), the sd A. B. shall pay to the sd E. G.
interest on the sd sum of £12,000, or so much thof as shall
be so paid in, at the rate of £5 per cent, per ann ; but the
sd E. G. shall, in that case, account to the sd A. B. for all
sums (if any) which he may receive from the bank by way
of interest in respect thof.

AGllEEMENTS. 213

6. If the sd mtge shall be completed, the sd C. D. shall
concur with the sd A. B. in securing the interest of the sd
mtge debt upon his moiety of the sd estes.

7. If the sd mtge shall not be completed on or before the
[cZa^e], the sd E. G. may, at any time thaftr, and notvvstndg
any subsequent negons, by notice in writing, rescind these
presents, and the sd A. B. shall, whether the sd mtge shall
be completed or not, pay all the costs incurred by the sd
E. G. in or about the negon for the sd mtge, and the pre-
paron, engrossment, and eson hrof, and the investigon of
the title to the sd estes, or in anywise incidental hrto.

8. In the meantime, and until the sd mtge shall be com-
pleted, the sd share and interest of the sd A. B. in the sd
estes shall be a secy to the sd E. G. for all moys payable to
him under this agreet, including all costs and expenses in-
curred in or about the prems.

As WITNESS, &c.

XVI.

Agreement /or releasing an Annuity charged on
Real Estate.

An Agreet made [date], between A. B,, of &c., of the one
part, and C. D., of &c., of the other part: Whas E. F., late
of &c., deceased, by her will, dated &c., devised her estate
called A., in &c., to the sd A. B., in fee, charged with the
pmt of the sum of £1 per week to the sd C. D. during her
life : And whas the testatrix died on [date] without having
revoked or altered her said will : And whas the sd A. B. is
desirous of selling the said estate : Now, therefore, it is
hrby agreed as follows : —

1. The sd C. D. will, when required, by and at the cost of
the sd A. B., and upon the sd A. B. complying with clause 2
hrof, join in the convce or convces of the sd este to the pchr
or pchrs thof, or release the sd este from the sd anny.

2. The sd A. B. will, at his own cost, concurrently witli

214 PKECEDENTS.

the exon of such convce or rele as afsd, execute and give to
the sd C. D. his bond in the penal sum of £9U0 conditioned
to be void on pmt to the sd C. D, during her life of the
weekly sum of £1, to commence from the date of the sd
bond ; and will at the same time pay all arrears of the sd
anny up to the date of the sd bond [and will also at the
same time deposit in the Bank of &c., at &c., in the names of
Gr. H. and I. K., of &c., the sum of £450, as a further secy
for the due pmt of such anny.

3. The sd sum of £450, when deposited, shall, together
with all interest thon, remain in the sd bank until default
shall be made in pmt of the sd anny, and thupon the sd
G. H. and I. K., or the svor of them, or the exors or admors
of such svor, shall, at the request of the sd C. D., eir pay the
sd anny and all arrears throut, or pay the arrears out of the
interest thof, if sufficient, and invest the sd sum of £450, or
a sufficient part thof, in the purchase for the sd C. D. of a
Government anny for her life of £1 per week, and pay the
residue (if any) of the said sum of £450 and interest (after
deducting all exps incurred by such pmt or pche as afsd)
unto the sd A. B.

4. The sd sum of £450 so to be deposited as afsd shall in
no way prejudice the right of the sd C. D. under the sd
bond, and nothing herein contained shall prejudice the right
of the said C. D. against the sd este, until the whole of the
arrangements hereby contemplated shall be carried out.]

5. All the costs of the sd C. D. of and incidental to the
sd arrngmt shall be pd by the sd A. B.

As Vi^ITNESS &c.

XVII.

Agreement /or Reference of Disputes as to
Damage by Mining Operations.

An Ageeet made &c., between A. B., of &e., of the one
part, and C. D., of &c., of the other part : "Whas the sd A. B.
alleges that the messes, land and outbldgs belonging to him,

. AGKEEMENTS. 215

situate &c., have been shaken, sunk and cracked through
the mining operons of the sd 0. I)., and also that minerals
in, under and adjoining to the sd messes, land and outbldgs
belonging to the sd A. B. have been worked and taken by
the sd C. D., but which the sd C. D. denies : Now these
PRESENTS WITNESS, that, in order to finally settle the ques-
tions in dispute between them, the sd A. B. and C. D. hereby
refer all questions and disputes in reference to the mres
afsd to the arbitrament of E. F., of &c., upon the terms
following : —

1. The sd E. F. shall view the sd messes, land and oubldgs,
and inspect such plans, and examine such witnesses upon
oath as he shall think proper, and shall afterwards make his
award in writing under his hand, by which he shall determine
what (if any) damage has been caused to the sd messes,
lands and outbldgs through the mining operons of the sd
C. D., and what (if any) damages shall be pd in respect thof,
and what sum (if any) the sd A. B. shall rece as the value of
the minerals so alleged to be gotten, and shall fix the time
when the sd C. D. shall pay the same to the sd A. B., and
such award shall be binding on the sd A. B. and C. D.

2. The sd A. B. and C. D. shall afford every facility to
the sd E. F. for conducting his said view and examon, and
submit themselves for examon, and produce their plans at
such time as the sd E. F. shall require [but he shall not be
attended by counsel or solicitors].

3. The sd E. F. shall publish his award on or before
[date] &c., or within such extended time not exceeding one
calr month after that day, as he shall by writing under his
hand appoint.

4. The expenses of and incidental to this agreet, and of
the reference and of the award, «hall be pd by such of the
parties hrto as the sd E. F. shall award.

5. This submon may be made a rule of any Division
of Her Majesty's High Court of Justice at the instance
of eir party, and shall not be revoked by the death of eir
party before the publishing of the sd award, and shall

216 PRECEDENTS.

be deemed a reference uithin the meaDing of the Common
Law Procedure Act, 1854.

As WITNESS, &c.

XVIII.

Agreement y(7r Reference of an Action.

An Ageeet made [cZa^e], between A. B., of &c., of the one
part, and C. D., of &c., of the other part ; Whas on the \date\
the said A. B. commenced an action in the Exchequer Divi-
sion of the High Court of Justice agnst the sd C. D. to

recover the sum of £ : And whas the sd C. D. claims

a set-off to the sd action, amounting to the sum of £ :

Now^ THESE PEESENTS WITNESS that, in order to end all dif-
ferences between them, the sd A. B. and C. D. hereby agree
as follows : —

1. The sd action and set-off, and all other matters in
difference betwn the sd A. B. and C. D. shall be referred to
E. F., of &c., who shall make his award under hi$ hand on
or before the [c^rt^e] or such further time, not later than
three months from the date hrof, as he shall by writing
indorsed hereon appoint.

2. The sd A. B. shall, within seven days from this date,
deliver to the sd C. D. an account in writing of all the items
of his claim ; and within seven days after receipt thof the
sd C. D. shall deliver to the sd A. B. an account in writing
of all the items of his set-off, and in case of default by eir
party as afsd, the arbitrator shall be at liberty to proceed as
if the party making such default had abandoned his claim or
set-off, as the case may be.

3. The sd A. B. and C. D. resply, and their respive wit-
nesses, shall be examd on oath before the sd arbitrator, and
shall produce all books and papers relating to the mres afsd
in their posson.

4. If eir party shall make default in attending any
appntmt made by the arbitrator, he shall be at liberty to

AGKEEMENTS. 217

proceed ex parte as effectually as if such absent party were
present.

5. The costs of the action shall abide the event of the
award, and each party shall pay his own costs of this
agreet, but the costs of the reference and award shall be in
the discretion of the arbitrator.

As WITNESS, &c.

XIX.

Agreement between a Manufacturer and his Son
as to Services, the Son receiving a Salary and Per-
centage of Profits, biit not being a Partner.

This Agueet made the day of, &c., between A. B.,

of &c., worsted manufacturer, of the one part, and
C. B., of &c., worsted manufacturer, of the other part :

1. The sd C. B. shall for the term of five years from the
1st day of January, 1875, act as assistant to and serve the
sd A. B. and his exs or ads and his and their partner or
partners for the time being (hereinafter together designated
as "the said A. B. & Co.") in the manufacturing depart-
ments of the worsted business of the said A. B. & Co. at
the salary, with the powers, and upon the terms hrinafr
mentioned.

2. The sd worsted business (hrinaftr called "the busi-
ness ") shall be carried on at X. Mill near, &c,, and at such
other place or places as the said A. B. & Co. shall think fit.

3. The amount of capital to be from time to time em-
ployed in the business shall be fixed by the sd A. B. & Co.
in their uncontrolled discretion.

4. Subject to the other provisions hereof the sd C. B. shall
have the management of the [spinning, preparing, and wool-
combing] departments of the business, and in addition thereto
he shall, as and when from time to time required so to do by
the said A. B., aid and assist in any other department or
departments of the business, but he shall not, without the

218 PRECEDENTS.

consent of the said A. B , dismiss any person employed in
the business or increase the number of persons so employed,
or increase the wages or salaries of any such persons, or make
any change in the machinery employed in the business. The
amount of goods to be manufactured shall from time to time
be determined by the said A. B. in his uncontrolled discretion.

5. The sd C. B. shall not without the consent of the sd
A. B. interfere in any way in the management of the finan-
cial department of the business or in the accounts thereof,
and shall only buy or sell any raw material or manufactured
article as and when from time to time required so to do
under the control and directions of the sd A. B,

6. At all times during the sd term the sd C. B. shall
diligently and faithfully employ his whole time, attention,
and ability in and about the business as such assistant as
aforesaid, and will conform to and govern himself by such
orders, instructions, and directions as from time to time he
may receive from the said A. B. ; and in all cases where he
shall receive no special orders, instructions, or directions,
will act in such manner as shall be to the greatest advantage
of the sd A. B., and shall be just and faithful to the sd
A. B. in all dealings and transactions in or about the busi-
ness, and shall render a just and faithful account of all
matters relating to the business whenever the same shall be
reasonably required, and shall at the request of the sd A. B.
give full information with respect to the business and process
of manufacture or anything relating thereto, and shall also
inform him of all letters, accounts, writings and things in
anywise concerning the business and within the knowledge
of the sd C. B., and shall not, either alone or in partnership
with or as manager or assistant for any other person or other-
wise howsoever, either directly or indirectly, engage in any
other trade or business, and shall not, without the consent of
the sd A. B., divulge or make known any of the trusts,
secrets, or dealings of or relating to the business.

7. During the continuance of his engagement as such
assistant the sd C. B. shall receive from the sd A. B. the
fixed salary of £100 a year, payable half yearly, and shall

AGREEMENTS. 219

also receive in addition to such fixed salary £10 per cent, on
the nett annual profits of the business, such share of profits
to be paid at the end of one calendar month after the end of
the year in respect of which the same shall have arisen.

8. If the sd C. B. shall die during the continuance of his
employment as such assistant as afsd, his exs, ads, or assigns
shall be entitled to receive from the sd A. B. a propor-
tionate part of the fixed salary and of his share of the profits
for the whole of the current year up to the day of his death,
such proportionate part of the fixed salary to be payable
immediately after the death of the sd C. B., and such pro-
portionate part of his share of the profits for the whole of the
current year to be payable at the time at which such last-
mentioned share of profits would have been payable if the
sd C. B. had lived and continued to act as such assistant as
afsd to the end of such current year.

9. If the sd A. B. shall desire that the sd C. B. shall
cease to act as such assistant as afsd before the sd term shall
expire, and shall serve on him a notice to that efiiect, then at
the expiration of three calendar months from the time of the
service of such notice, or at any later time to be specified in
such notice, the sd C. B. shall retire and cease to act as such
assistant as afsd, but in such case the sd A. B. shall pay the
sd C. B. such a proportionate part of his fixed salary and of
his share of the profits down to the time of such retirement
as his exrs or ads would have been entitled to if he had died
on the day of such retirement, such proportionate part to be
paid and ascertained at such time and in such manner
respectively as if he had so died.

10. If the sd C. B. shall break any of his agreets herein
contained, or shall, whether from illoess or any other cause,
without the consent of the sd A. B. absent himself from the
business for more than fourteen days in the year, or for
more than seven days at any one time, then and in every
such case the sd A. B. may dismiss the sd C. B. from his
employment as such assistant as afsd, aud in such case the
sd A. B. shall be entitled to the proportionate part of his
fixed salary down to the time of his dismissal, to be paid

220 PRECEDENTS.

immediately after such dismissal, but not to any share of the
profits for the current year, or to any other compensation
whatsoever.

11. In ascertaining the nett profits of the business interest
at the rate of £5 per cent, per annum on the capital from
time to time employed in the business shall be deducted from
the gross profits of the business, and a proper allowance shall
also be made for the rent of any mills, warehouses, land, or
buildings employed or occupied for the purposes of the
business, for the expenses of all repairs, additions, and
alterations of or to the same, and for all taxes, rates, assess-
ments, payments for insurance against loss by fire, and other
outgoings for and in respect of the same, and for all expenses
incurred in or about the business, including salaries of clerks,
workmen, and others, and for all moneys which shall become
payable on account of the business, including the fixed
salary of every assistant (but not his share of profits), and for
all loss and damages which shall happen in relation thereto.

12. Proper books of account, which shall be constantly
posted up, shall be kept at the office of the sd A. B., in
which shall be entered all the dealings and transactions
of the business. On the 26th day of December, or on such
other day as shall be agreed upon between the parties, in
every year during the continuance of the employment of the
sd C. B. as such assistant as afsd, the sd books of account
shall be balanced in the usual way by or under the direction
the sd A . B. without any interference on the part of the sd
C. B., his exs or ads, and a copy of the general balance-sheet
and a statement of the nett profits of the business during
the preceding year, signed by the sd A. B., shall be de-
livered to the said C. B., his exs or ads, within one calendar
month from the taking of the sd accounts, and shall be final
and conclusively binding on him or them, but so neverthe-
less that the sd 0. B., his exs or ads, may within three
calendar months after such delivery as afsd, by notice in
writing to be served on the sd A. B., require him to verify
such general balance-sheet and statement of profits during
the preceding year by a statutory declaration.

AGREEMENTS. 221

13. Every notice to be given in pursuance of these pre-
sents shall be in writing and shall be served on the sd C. B.,
either by delivery to him personally, or by leaving the same
at his usual or last known place of abode in England, or by
sending the same through the post addressed to him at the
place at which the business shall be carried on.

14. Nothing herein contained shall extend to or be con-
strued or taken to extend to make the sd 0. B. a partner in
the business, or to give him any of the powers or rights of a
partner therein, or to render him in any way liable to third
persons for any of the debts or liabilities incurred in relation
to the business.

15. Whenever any doubt, difference, or dispute shall here-
after arise between the parties hereto, or between any of
them and the exs or ads of the others or other of them, or
between their respective exs or ads, touching these presents
or the construction thof, or any clause or thing herein con-
tained, or any other thing in anywise relating to or concern-
ing the business or the affairs thof, or the rights, duties, or
liabilities of any party in connection therewith, the matter
in difference shall be referred to two arbitrators, or their
umpire, pursuant to and so as with regard to the mode and
consequences of the reference and in all other respects to
conform to the provisions in that behalf contained in the
Common Law Procedure Act, 1854, or any then subsistino-
statutory modification thof.

As WITNESS, &c.

XX.

Agreement appointing Resident Manager of
Fireclay Works.

An Agreement made the \date\ between A. B., of &o. (Imftr
called " the employer ") of the one part, and C. D. of, (fee.
(hnftr called " the manager ") of the other part.

222 PRECEDENTS.

1. The manager shall be employed to act as the resident
manager of [the X. fireclay works situate at Z. afsd] (hnftr
called " the works ") for one year certain from the date hereof,
and thenceforth until this agreet shall be determined as
hnftr mentd.

2. The manager shall, during the continuance of this agreet
take the management and responsibility of the working of
the works, together with all machinery thereon, but shall
not interfere with the mercantile business thof, except as
hrnftr specially provided.

3. All the plant, machinery, live and dead stock, required
for the working of the works, or which shall be used in or
about the same, shall be provided by the employer ; and no
materials, plant, machinery, live and dead stock of any
description shall be ordered or purchased by the manager
without the special authority in writing of the employer
[or some person by him duly authorized in that behalt],
nor shall the manager in any way pledge the credit of the
employer without the written authority of the employer [or
some person duly authorized as aforesaid] ; but the manager
shall have the entire charge of all such materials, plant, ma-
chinery, live and dead stock, and shall take proper care of
and account for everything entrusted to his charge, and shall,
at the termination of this agreet, deliver to the employer, or
to such person as he shall direct, all materials, plant, ma-
chinery, live and dead stock, drawings, plans, accounts, papers,
and other documents for which the manager shall then in
due course of business be accountable.

4. The manager shall not sell or deliver any [ ^^j^^g ]
or other articles [or materials, whether manufactured or
not], or any stock or effects of the works, upon credit to
any person to whom the employer [or any person duly
authorized as afsd] shall in writing have forbidden him to
give credit.

5. The manager shall not, without such authority as afsd,
erect any buildings or machinery, or otherwise incur outlay
of a permanent character upon the works.

6. The manager shall from time to time engage, employ,

AGREEMENTS. 223

and discharge all such [here specifij the prineipal classes of
worhmeii] and other workmen, not exceeding the number for
the time being prescribed by the employer, as he may think
necessary for the proper working of the works, and shall
during the continuance of this agreet keep a perfect super-
vision over all of them : Provided always, that the manager
shall not, without the consent of the employer [or any
person so authorized as afsd], engage or discharge any person
who shall require or be receiving a higher remuneration
than twenty shillings per week.

7. The manager shall, during the continuance of this
agreet provide himself with a residence at Z. afsd at his
own expense {_or be entitled to reside rent free in the usual
manager's house at X. collieries afsd, and shall be supplied
by the employer with gas and fuel free of charge].

8. The manager shall during the continuance of this
agreet diligently and faithfully observe and carry out all
such instructions as he has already received and shall receive
from his employer [or any person so authorized afsd], parti-
cularly in reference to the price of [''f'^';* J and other articles
or materials [produced or made] at the works, and the credit,
if any, to be given to customers, and in the absence of special
orders, directions, or instructions, shall sell such brkks |

' L pipes J

and materials at the current market prices, without discount
or deduction, and shall take all orders subject to a stipulon
reserving to the employer the right of declining to execute
such orders in case he shall not be satisfied with the credit
of the customer, or the quantity of goods ordered, or the
time over which the order is to extend or within which it is
to be executed, and shall, in the absence of special orders,
dirons, or instrons, honestly and diligently perform all the
duties usually required of a manager of [fireclay works] to
the utmost of his skill and knowledge, and shall work and
manage the same in such manner as shall render the same
as profitable as possible and best promote the interests of the
employer, and shall at all times give to the person or persons
having the charge of the mercantile business of the works

224 PRECEDENTS.

any informon relating to the working thereof which may be
required of him.

9. It shall be the duty of the manager to travel to and
from such places and so often as the employer [or such
person authorized as afsd] shall require, for the purpose of
obtaining orders and particulars of contracts for the supply
and sale of materials and articles raw and manufactured
from the works ; but the employer shall provide the reason-
able expenses of railway and other conveyance for the
manager for such journeys.

10. The manager shall employ himself exclusively for the
benefit of the employer, and devote his whole time to his
duties, and shall not, during his employment by the em-
ployer, directly or indirectly sell or offer for sale, or solicit
or take orders for, any materials or articles, raw or manu-
factured, on behalf of any person or company other than
the employer.

11. The manager shall not, without express authority from
the employer, compound or purport to compound for any
debt, or receive any payment whatsoever from any customer,
but all payments are to be made directly to the order of
the employer, and, so far as may be, by cheque or post-
office order payable at [specify bank or post-office].

12. The manager shall under no circes whatever directly
or indirectly rece or accept for his own benefit any common,
rebate, discount, gratuity, emolument, or profit whatsoever
from any customer of the employer.

[14. The manager shall in no way whatsoever interfere
with any manager or other official or servant engaged at
any adjoining or other works of the employer.]

15, The employer shall pay to the manager the annual
salary of [£200] by equal monthly payments upon the first
day of each month, the first payment to be made on the
\date\.

16. This agreet may be terminated at any time after the
\date\ by either party giving to the other, at his last
known place of residence in England, three months previous
notice in writing of his intention to terminate the same,

AGREEMENTS. 225

or by either party paying to the other the amount of three
months' salary in lieu of such notice, and such notice shall
be sufficiently given if sent by post.
As WITNESS, &c.

Witness.

XXI.

Agreement between a Brewer and his Clerk.

An Agkeet made \djate\ between J. B., of &c., of the one
part, and J. H., of &c., of the other part : —

1. The sd J. H. will from the date hereof become the clerk
of the sd J. B. in his trade of a brewer, and as receiver of
the rents and profits of his messes, cottages, lands, tenements
and heredits in the sd county of Y., and will give his whole
time and attention to the sd trade and receivership, and will
manage and improve the same to the utmost of his ability,
and also will perform all such services as the sd J. B. shall
from time to time direct.

2. The sd J. H. will not without the consent in writing of
the sd J. B., divulge any of the trusts, secrets, accounts or
dealings relating to the sd trade ; and will be just and faith-
ful to the sd J. B. in all his business dealings and transac-
tions ; and will render to the sd J. B. a just and true account
of the same at all times when the same shall be required.

3. The sd J. H. shall also keep such books of accounts as
shall be necessary, wherein he shall fairly write all moneys
received and paid, and all goods bought or received in, or
sold or delivered out upon credit or orwise, and the rates and
prices at which the same shall be bought or received in or
sold or delivered out, and all mres, circes and things neces-
sary to manifest the state and condon of the sd trade ; which
sd books of acct shall always be kept in some convenient
place on the prems where the sd trade shall be carried ou,
and be at all times open to the inspection of the sd J. B., or
any person or persons appointed by him for that purpose.

4. The sd J. B. will pay to the sd J. H. by quarterly

226 PRECEDENTS.

payments on the usual quarter days, the clear yearly salary
of £3U0, the first quarly pmut thof to be made on the [date].

5. The sd J. B. will also from the [date], permit the sd
J. H. to occupy the dwelling-house and prems which are
now in the occupation of C. D., adjoining the brewery in X.
afsd, free of rent and taxes ; and also will, at the cost of the
sd J. B., provide for the sd J. H. sufficient coals and beer for
the use of himself and his family and domestic servants for
the time being residing in the sd dwelling-house, and also
will, at the like cost, keep a cow near the sd prems for the
use of the sd J. H. and his family, and also a horse to be
used by the sd J. H. in and about the necessary journeys on
business of the sd trade.

6. In case of the death of eir of them, the sd J. B. and
J. H., or in case eir of them shall be desirous to determine
these presents, it shall be lawful for him so to do on giving
to the other six calendar months' notice thof in writing ; and
in case such notice shall be given as afsd a proportionate
part of the sd yearly salary from the last quarly day of
pmnt thof up to the time of the expiron of the sd notice
shall be paid by the sd J. B., his exors or admors, to the sd
J. H., his exs or ads ; and then these presents and every-
thing herein contained shall cease, but without prejudice to
any right of action, claim or demand by eir of them the
sd parties, by reason of any previous breach or non-perform-
ance by the other of any of the covts or agreets herein contd.

As WITNESS, &C.

XXLf.

Agreement behveen a Manufacturer and his
Traveller.

An Agreet, made the [date] between A. B. of &c., of the
one part, and C. D., of &c, commercial traveller, of the
other part : —

1. The sd C. D. will serve the sd A. B. as commercial
traveller for the purpose of obtaining orders for the sale of

AGREEMENTS. 227

[specify the goods] manufactured by the said A. B. at his
works at X., in such counties, cities, towns, and places in
England as tlie sd A. B. shall determine [or as may le
mutualhj agreed upon hetiveen the parties'] (hrftr called " the
travelling district ").

2. It shall be the duty of the sd C. D. once in every
month to make the tour of the travelling district, and in
every such tour to visit as many of the cities, towns, and
places in the district being likely to prove remunerative
markets for the sale of the goods of the said A. B. on such
visit as can reasonably be visited in such tour, and he shall
use his best endeavours in makiug such visits to solicit and
procure orders for the sale of the sd goods as well among
existing customers of the sd A. B. as among new connections,
and to ascertain so far as possible whether all customers
visited (both old and new) are solvent and worthy of credit.

3. The sd C. D. shall devote his whole time to his afore-
said duty, and shall not during his employment by the sd
A. B. undertake auy other business, and, in particular, shall
not either directly or indirectly sell or offer for sale, or
solicit or take orders for any article of merchandize on
behalf of any person or company other than the sd A. B.

4. The sd C. D. shall carry out all instructions which shall
be given to him by the sd A. B. as to the prices of the sd
goods, the credit, if any, to be given to customers, the
order in which auy tour of the travelling district is to be
made, the visiting, or the omitting or ceasing to visit any-
place or places, person or persons, in the sd district, and
generally as to the conduct of his employment ; and in the
absence of express directions in writing to the contrary he
shall sell at the current monthly prices of the said A. B.
without discount or deduction [and shall take all orders for
goods, subject to a stipulon reserving to the sd A. B, the
right to decline to execute the order if not satisfied with the
reference or credit of the customer, and shall not enter into
any contract for a supply of goods without the consent in
writing of the sd A. B. to any such contract] and shall use
his best endeavours to promote the interests of the sd A. B.

Q 2

228 PRECEDENTS.

5. The sd C. D. shall not [take in clause 11 from
Form XX.].

6. The sd C. D. shall under no circumstances {taJie in
clause 12 from Form XX.].

7. All expenses of the sd C. D. for travelling, board,
lodging, and otherwise, shall be borne by the sd A. B. [or
C. D. according to arrangement],

8. The sd A. B. will during his employment of the sd
C. D. pay him the salary of £3 per week, the first payment to
be made on [(?a;^e], and also will at his own expense procure
for the said C. D. a pass between all necessary stations
on the lines of the X., Y., and Z. Eailway Companies, and
shall also pay to the sd C. D. a commission of 10 per cent,
upon the invoice price of all goods sold through him. The
said common shall only be payable upon sales which are
adopted and ratified by the sd A. B., and shall be payable
on the last day of the calr month in which the goods so sold
shall have been delivered : [Provided that if the sd A. B.
shall fail to recover the whole of the price of any goods in
respect of which any such common shall have been allowed
or paid, the sd C. D. shall in such case allow in account or
repay to the sd A. B., or permit him to deduct and retain
out of the next monthly payment, the whole or, as the case
may be, a proportionate part of the common allowed or
paid in respect of such goods]

9. The employment of the sd C. D. under this agreet shall
commence from the date hereof, and shall continue for twelve
calendar months determinable as hereinafter mentioned.

10. Either party shall be at liberty to put an end to this
agreement at any time after [date], on giving to the other
three calendar months previous notice in writing of his
intention to do so, which notice shall be sufficient if sent
by post addressed to the said A. B. at his commercial office,
or to the sd C. D. at his address then last known to the
said A. B. The said A. B. may also at any time peremp-
torily determine this agreet without previous notice upon
paying or tendering to the sd C. D. three months salary at
the rate of £3 per week in lieu of notice, and in the event

AGKEEMENTS. 229

of such determination as last afsd the said C. D. shall only
be entitled to the common on sales effected up to the date
of such payment being made or tendered.

11. Upon the determination of this agreet the sd C. D.
shall immediately give up to the sd A. B. his railway passes
and all books, lists of customers, papers, memoranda, letters,
and documents relating to the business, and shall not retain
any copies of any such books, list of customers, papers,
memoranda, letters, or documents as afsd.

[12. In the event of this agreet being determined by the
sd C. D. he shall not for the space of twelve calendar months
thereafter directly or indirectly sell or solicit or take orders
for the sale of goods similar to those manufactured by the
said A. B. in the travelling district, or any part thereof,
either on his own account or for any other person or com-
pany without the previous consent in writing of the sd
A. B.]

As WITNESS, &C.

xxiir.

Agreement behveen Manufacturers and a provincial

Agent.

An Agreet made, &c., Between B. A. and D. A. (trading as
A. Bros.), of &c., of the one part, and C. D., of &c., of the
other part : —

1. The sd C. D. (hrnftr called "the agent") will act as
agent for the sd A. Bros, (hrnftr called " the principals ")
for the sale, in the town of X., of articles and goods manu-
factured by them for the term of five years from the date
hereof, and will receive all such goods as may be consigned
or sent to him by the principals, and will use his best
endeavours to sell the same at such prices as shall be speci-
fied in writing by them, or such higher prices as can reason-
ably be obtained, and will at his own expense deliver such
goods to the respive pchers thof, the carriage from Sheffield
to X. being paid by the principals.

230 PRECEDENTS.

2. The agent shall sell only for ready money, or to psons
of responsibility, and worthy to be trusted, and in selling
upon credit shall be cautious and make due inquiries into
the responsibility and position of intending pchers, and
shall make a memdum of every such iuqy and the result
thof in a book to be kept by him for that purpose, and shall
from time to time transmit a copy of the entries in such
book to the principals with his monthly account hrnftr
mentd.

3. The agent shall not give credit for goods exceeding
the value of £100 to any pson, and shall not give credit to
any pson for a greater length of time than three months,
and shall give no credit to any pson whom the principals
shall by notice in writing have forbidden him to trust.

4. The agent shall keep proper books of acct, in which
he shall make plain and correct entries of all goods reed
from the principals, and also of all goods sold or delivd by
him as such agent as afsd, and also of all orders reed, and of
all other transactions and rares in anywise concerning the
agency, and shall on the first day of every month transmit
to the principals a full, clear, and correct statement in
writing of all such goods, orders, and transactions which shall
have been reed, sold, or delivd, or which shall have taken
place in relation to the agency during the preceding month,
specifying the sales made for cash and on credit resply.

5. The agent shall on the first day of every month \_07' of
March, June, September, and December, in every year]
account for and transmit to the principals all moneys, bills,
and securities for money reed by him during the preceding
month [or three months], in respect of all goods sold by him
as such agent as afsd.

6. The agent shall not, without the consent in writing of
the principals, act as agent for any other person for the sale
of goods of a nature similar to those manufactured [and
supplied to him] by the principals.

7. The agent shall, in conducting the agency, ia all
respects conform to such instructions as he shall rece from
the principals, and ia the absence of special instructions

AGREEMENTS. 231

shall act iu such manner as lie shall judge to be most
conducive to their interests.

[8. The agent shall not sell the goods reed by him from
the principals in his own name, and shall cause the words
'• Agent for A. Bros., of ShefSeld," to be placed, and shall
keep the same during the agency iu a prominent position
(alter his own name) upon the front of his principal place of
business, and the same words shall be conspicuously printed
at the head of every memorandum, invoice, and other similar
document which shall be used by the agent in connection
with the agency, and all letters, bills, and other documents
relating to the goods of the principal, or to the agency
written or signed by the agent shall be signed by him as
such agent as afsd.]

9. The principals shall pay to the agent a common of
£10 per cent, on the nett proceeds of all goods sold by him
for them as such agent as afsd [and such common shall be
allowed in account, and may be deducted by the agent
from the amounts payable monthly [or quarterly] by him
under clause 5 hrf.]

[10. The agent shall not be answerable for any loss or
damage which may happen to any goods before they shall
come to his hands, or within his custody, nor for any loss or
damage which may happen to any which have actually come
to his hands, unless such loss or damage shall happen through
his own wilful default or neglect.]

11. The principals appoint the agent their attorney for
them, and in their names to sue for, recover, and receive all
gums of money owing on account of any goods sold by him
as such agent as afsd, and to give receipts (which shall be
sufiBcient discharges) for the same.

12. The agency may be terminated by either party upon
giving six calr months previous notice in writing, and upon
the expiration of such six months shall accordingly deter-
mine.

13. If the agent shall become insolvent, or commit any
act of bankruptcy, the agency shall thereupon forthwith
determine, and if the agent shall do anything contrary to

232 PEECEDENTS.

any of the stipulations or provisions herein contained, it
shall be lawful for the principals forthwith by notice in
writing to determine the agency, and if the agency shall be
determined under the provisions of this clause, or clause 12
brof, the accounts between the parties shall be adjusted and
settled as if the sd term of five years had expired by lapse
of time.

[14. All goods supplied to the agent by the principals
shall remain their property until bond fide sold by him as
their agent, and at the end or sooner determination of the
sd term (from whatever cause), all such goods which shall
remain then unsold, or be in his custody, shall be delivered
up to the principals.]

15. If any dispute, question, or difference shall arise
between the persons parties hereto, or their respive exs, ads, or
assns, touching these presents, or any clause herein contained,
or the construction hrof, or any matter in any way connected
with these presents, or the operation hrof, or the rights,
duties, or liabilities of either party in connection with the
pros, then and in every or any such case the matter in
difference shall be referred to two arbitrators or their umpire,
pursuant to, and so as with regard to the mode and con-
sequences of the reference, and in all otber respects to
conform to the provisions in that behalf contained in the
Common Law Procedure Act, 1854, or any then subsisting
statutory modification thof.

In Witness, &c.

XXIV.

Agreement between a Patentee of Railway
Buffers and his Agent.

An Agkeet made the &c., between A. of &c., of the first
part, and B., of &c., of the second part : —

1. The sd B. shall for the term of three years from the
date hrof be employed by and act for the sd A. as agent for
the sale of bis patent rly buffers, manufactured by X. to the

AGREEMENTS. 233

several Ky Cos (or depts of Ey Cos as the case may be)
specified in the first colm of the schedule hrto, upon the
terms and condons herein contained, and shall use his best
endeavours to procure the exclusive adoption by the sd Cos
or depts resply of the sd buffers.

2. For every set of the sd buffers which shall be supplied
by the sd X. during the continuance of these presents to any
of the sd several Cos or depts, the sd A. shall, subject to
clauses 3, 4, and 5 hrof, pay to the said B. a common of the
amount set opposite the name of such Co or dept in the
second colm of the sd schedule, whether the orders for the
sd buffers shall be received direct from such Co or dept, or
through the sd B.

3. As regards the supply to each of the said Cos and
depts no common shall be payable to the sd B. during the
first year of such supply, unless the number of complete sets
of four buffers so supplied thereto during such year shall
amount to the number set opposite to the name of such Co
or dept in the third colm of the sd schedule ; nor in any
subsequent year in which the number of complete sets so
supplied shall be less than the number set opposite to such
name in the fourth col of the said schedule.

4. If any of the said Cos or depts, after having used or
adopted the sd buffers, shall (from whatever cause) either
cease to use the same, or adopt any other description of
buffer not previously used by such Co or dept (as the case
may be), either in substitution for or concurrently with the
sd patent buffers ; or shall for the space of six calr months
give no orders for the sd patent buffers to the said X., then
the sd A. may thrpon give to the sd B. three calr months'
notice in writing to determine this agreet as regards such
Co or dept only ; and shall be at liberty at any time after
the expiration of such notice to supply such Co or dept with
the sd patent buffers either directly or through any agent or
agents without the intervention of, or payment of any
common to the sd B.

5. Notwithstanding anything hrn contd, the sd A. shall
be at liberty to enter into any arrangements upon such

234 PRECEDENTS.

terms as he may think fit, for the manufacture of his sd
patent buffers by the Z. Ry Co., at their works at S., for
their own use, and in the event of any such arrangement
beiug carried out, the sd A. shall pay to B. a common or
royalty of 2s. 6d. for every complete set of the sd patent
buffers which sliall be manufactured in pursce thereof, and
any such arrangement shall be without prejudice to the
rights of the sd B. under these presents in respect of buffers
supplied to the Z. Ry Co by the sd X.

6. The sd B. shall not during the sd term act as agent
for the sale of or solicit orders for any rly buffers of any
description whatsoever other than those patented by the sd
A., and manufactured by the sd X., and if there shall be any
breach of this clause these presents shall immediately thrpon
determine without prejudice to the riglits of the parties in
respect of any of their past transactions.

The Schedule above referred to.
In Witness, &c.

XXV.

Agreement appointing Consulting Engineer of
Colliery.

An a greet made, &c., between A. B. of &c., of the one part,
and C. D. of &c., of tlie other part : —

1. The sd A. B hrby appoints the said C. D. to be con-
sulting engineer of the X. colliery at Y. afsd.

2. The sd C. D. shall act as such consulting engineer as
afsd from the [date] until [date].

3. The sd C. D. during the continuance of this agreet
shall reside at or near Y., and shall spend on an average
at least three working days in each week at the sd colliery.

4. The sd C. D. shall devote the whole of such three
working days in each week tow^ards learning the workings
and advising to the best of his ability as to the safe efficient
working and development of the sd colliery, including any
mines or working of ironstone or ore, brick, fire, or other

AGREEMENTS. 235

clays, or other minerals, and towards tlie general business
and trade of the colliery and fire-clay works, including the
advising as to the best and cheapest methods of purchasing
materials, tools, and plant, and as to the prices to be charged
for coals and bricks, &c., giving his best attention to the
duties undertaken by him by this agreet.

5. The sd C. D. shall once at least in every month
thoroughly and carefully inspect the sd colliery, mines, and
workings to the utmost of his skill and knowledge, and during
or immediately after every such inspection, shall give such
directions and instructions to the resident manager as he
shall consider necessary or desirable for the thorough and
efficient working and development of the sd colliery, in con-
formity with the provisions of the Coal Mines Eegulation
Act, 1872, or any statutory modifications throf, or any sub-
stituted enactments which may from time to time be in
force, and with the special rules of the colliery, established
pursuant to the sd Act, and shall also within seven days after
every such inspection furnish to the sd A. B., or as he shall
direct, a detailed report in writing of the result of such in-
spection and of the directions and instructions then given by
him to the resident manager as afsd, together with such
additional remarks, recommendations, and advice as shall be
necessary or desirable with reference as well to the further
development as to the actual working of the sd colliery,
mines and minerals, and he shall answer all such questions
and give all such explanations relating to such inspection,
and report on the subject-matter throf, as the sd A. B. shall
require ; and the sd reports of the sd 0. D. shall give details
as to the condon of the colliery as regards gas, water, and
the general safety of the mine, and also as to its capabilities
with regard to the daily output.

6. It shall also be the duty of the sd C. D., once at least
in every three calendar months, to see that the manager of
the mine duly and accurately plots on a draft plan to be
kept at the office of the colliery the directions and nature of
the workings then existing or intended to be carried on, and
for such purpose to make an accurate survey of the under-

236 PRECEDENTS.

ground workings. The sd C. D. shall furnish to the sd A. B.
free of charge, all tracings of plans made by the said C. D.
which the sd A. B. shall from time to time require.

7. The sd A. B. shall pay to the sd C. D., the annual

salary of £ , by equal quarterly payments of £ on

the usual quarter days in every year. The sd 0. D. is not to
be entitled to any travelling expenses to or from the colliery.

8. Nothing hrin contd shall be deemed to authorize the
sd C. D. to give any order for the execution or erection of
any works, buildings, or machinery, or other outlay, without
the consent in writing of the sd A. B., unless such shall be
necessary to comply with the Coal Mines Regulation Act, or
such further enactment as afsd.

9. [Same as Clause 10 in No. XXIL]

XXVI.

Agreement appointmg Certificated Resident
Manager of a Colliery.
An Ageeet made &c., between A. B. of &c., of the one part
and C. D. of &c., of the other part : —

1. The sd C. D. is hrby nominated and shall be employed
by the sd A. B., and shall act as resident certified manager
of the X. Collieries, at Y. afsd, as from the [date], until this
agreet shall be determined as hrnftr mentd.

2. The sd C. D. shall during the continuance of this
agreet take the entire management and responsibility of the
working of the afsd colliery, including all mines and work-
ings of ironstone, brick and other clays, and other minerals,
together with all machinery thereon, but shall not interfere
in any respect with the mercantile business throf.

3. It shall also be the duty of the sd C. D. to attend the
consulting engineer on his visits, and also once in every three
calendar months, duly and accurately to plot upon a draft
plan (to be kept at the office of the colliery as part of the
ppty of the sd A. B.), the directions and nature of the
workings then existing or intended to be carried on, and to
furnish to the sd A. B. free of charge all tracings that he

AGREEMENTS. 237

may require of any [ilans which the sd C. D, shall from time
to time make or procure to be made or possess of the sd
colliery and workings, or of any bldgs or machinery in
connexion thrwth

4. [Same as Clause 3 in Form XX. p. 222.]

5. [Same as Clause 4 in Form XX, substituting " coals "
for "hricJcs"

6. [Same as Clause 5 in Form XX.]

7. [Same as Clause 6 in Form XX.]

8. [Same as Clause 7 in Form XX]

9. [Same as Clause 8 in Form XX, down to "within which
it is to be executed," and then p-oceed as follows : — ] and
shall keep the sd A. B., or any pson authorized by him
in that behalf, fully informed of the state and condon of the
sd mine, and shall keep a report book shewing such state
and condon, and shall faithfully, honestly and diligently
perform all the duties usually required of a resident certi-
ficated manager of a colliery, whether under the Coal Mines
Kegulation Act, 1872, or orwise, to the utmost of his skill
and knowledge, and shall keep or cause to be kept all such
books of account, registers, plans, and records of workings
and other documents as shall be necessary for the proper and
lawful working of the sd colliery, and shall duly and punc-
tually make all such returns relating thereto as are or shall
be required by the sd Act or any modification thof or sub-
stituted enactments, which may from time to time be in
force, and shall generally work and manage the sd colliery
with a due regard to the rights of adjoining owners, and in
such manner as shall be consistent with the provons of the sd
Act, or such modification or substituted enactment as afsd,
and of the special Rules of the sd colliery, and subject to
such rights and provons shall work and manage the same in
such manner as shall render the same as productive as pos-
sible and best promote the interest of the sd A. B., and
shall not do or permit to be done upon the sd colliery any
act or thing in contravention of any provision of the sd Act
or such enactment as afsd apj)licable to the sd colliery, nor
omit to do any act or thing which it may be his duty to do

238 PEECEDENTS.

as such certificated manager as afsd, in conformity with such
Act or euactmeut, and shall employ himself exclusively for
the benefit of the sd A. B. at the sd colliery.

10. The sd 0. D. shall bear the expense of all fines, costs,
and charges to which he or the sd A. B. shall be put in the
course of any proceedings under the sd Act or such enact-
ment as afsd, through or by reason of any negligence or
wilful default of the sd C. D.

11. Tbis agreet may be terminated at any time by eir
party giving to or leaving at the last known place of resi-
dence in England of the other three calr months previous
notice in writing of his intention to terminate the same, or
by eir party paying to the other the amount of three months'
salary in lieu of such notice, and if the certificate of the sd
C. D. shall be cancelled or suspended, this agreet shall
thereupon ipso facto, and without notice or payment of salary
in lieu of notice, immediately determine.

XXVII.

Agreement bdzvceyi a Mineral Water Company
and a Provincial del credere Agent.

An Agreet made &c., Between the A. Co.. of &c. (hrnftr
called " the Co "), of the one part, and C. B. of &c., of the
other part : —

1. The sd 0. B. is hrby appointed and will act as sole
wholesale del credere agent for the sale in the town of X.
and within a radius of ten miles as the crow flies from the
X. Town Hall (which town and radius are hrnftr called "the
agency district "), of the natural mineral water imported by
the Co, and known as " The A. Natural Mineral Water,"
from the date hrof until such agency shall be determined as
hrnftr mentioned.

2. The sd C. B. (hrnftr called " the agent ") will use his
best endeavours to sell the said water within the agency dis-
trict at prices not exceeding those specified in the 1st sche-
dule hrto for transactions with the trade, and not exceedino^

aCtREEments. 239

those specified in the 2i)d schedule hrto for transactions with
private individuals, and will at his own expense cart from
the X, Eailway, Station, warehouse, and deliver such water
to the respive pchers throf in carts or vans having the words
"A. Water" conspicuously painted on one side throf, the
carriage from London to X. being paid by the Co.

3. The Co may supply the sd water direct to any person
in the agency district, but in every such case a memorandum
of the water so supplied shall forthwith be sent by the Co
to the agent, and all water so supplied shall be deemed to
be supplied to or through the agent.

4. The agent shall during the agency occupy the Go's
leasehold shop and office situate at X., afsd, rent free, but
shall himself pay all rates and other outgoings in respect
throf. The agent may sell on such prems artificial mineral
waters of his own manufacture only, but shall not during the
agency sell either there or elsewhere any natural mineral
water except that supplied to him by the Co, and shall not
act as agent for the sale of any mineral water whatsoever
for any person or corporation except the Co, and shall
publicly announce his appointment as agent to the Co by
such advertisements, show-cards, invoices, and other printed
stationery as the Co shall from time to time furnish him with.

5. The agent shall keep proper books of account and shall
make therein plain and correct entries of all water received
from the Co, and of all water sold by him as such agent as
afsd, and of all orders reced and other transactions relatiue:
to the agency, and shall on the first day of every month
transmit to the Co a full, clear, and correct written state-
ment, copied from such books, of all water so reced and sold,
and of all such orders and transactions during the then
preceding calr month.

6. The agent shall be responsible to the Co for the
amount of the invoice price of all water supplied by the Co
to the agent or to any pson in the agency district. All water
shall be invoiced to the agent at the prices specified in the
1st schedule hrto. The agent shall, on the first day of every
month during the agency, account for and transmit to the

240 PKECEDENTS.

Co the amount of the invoice price of all water supph'ed by
the Co to the agent or to any other pson within the agency
district during the then preceding calr month.

7. The Co. shall in the first instance pay the rent of the
sd shop and offices at X. afsd, and shall pay to the agent by
equal quarterly payments the sum of £50 per annum for
storage, cartage, and delivery of goods within the agency
district, and a commission of 10 per cent, shall be calculated
upon the wholesale prices (as specified in the 1st schedule
hrto) of all water supplied by the Co to the agent or to any
other pson within the agency district, and shall be paid or
applied as follows (namely), if such commission shall exceed
£120 per ann, the sum of £120 part throf shall be re-
tained by the Co in repayment of the rent of the sd shop
and office, and the balance throf shall be paid to the sd B.,
but if such commission shall not exceed £120 per ann the
whole throf shall be retained by the Co in respect of such
rent as afsd. Any commission payable to the agent under
this clause shall be paid quarterly.

9. The Co J^hall not be answerable for any loss or damage
which may happen to any goods consigned to the agent or
any pson within the agency district after such goods have
left the London warehouse of the Co.

10. The agency may be terminated at any time by either
party upon giving to the other three months previous notice
in writing to that effect.

11. If the agent shall become insolvent or commit any
act of bankruptcy, the agency shall i2)S0 facto determine,
and if he shall break any stipulation hrin contained, the Co
may forthwith, by notice in writing, determine the agency
as from the date of such notice.

12. If the agency shall be determined upon any day other
than the first day of any month, the accounts between the
parties shall be adjusted from the then last monthly settle-
ment.

As WITNESS, &c.

The 1st Schedule above referred to.
The 2nd Schedule above referred to.

AGREEMENTS. 241

xxviir.

Articles ^Clerkship.

An Agreet made, &c., between A. B. of &c , a solicitor
of the Supreme Court of the one part and and C. D., of &c.,
[father of the clerk], and E. D. of &c., of the other part,
WITNESSETH that the sd E. D. of his own free will and with
the consent and approbation of the sd C. I), doth hby place
and bind himself clerk to the sd A. B. to serve him from
the day of the date hrf during the term of five years, and
the sd C. D. doth hby covt with the sd A. B. that the sd
E. D. will faithfully and diligently serve the sd A. B. as his
clerk in the profession of a solor of the Supreme Court
during the sd term of five years, And will not at any time
during such term cancel, obliterate, spoil, destroy, waste,
embezzle, spend, or make away with any of the books,
papers, writings, moneys, stamps, chattels, or other ppty of
the sd A. B. or of any of his clients or employers, which shall
be deposited in his hands, or which shall come or be en-
trusted to his care, custody, or posson, and that in case the
sd E. D. shall act contrary to the last ment covt, or if the sd
A. B. shall sustain or suffer any loss, damage, or prejudice,
by the misbehaviour, neglect, or improper conduct of the sd
E. D., the sd C. D. shall indemnify the sd A. B. and make
good and reimburse to him the amount or value thereof,
And further that the sd E. D. will keep the secrets of the
sd A. B., and readily and cheerfully obey and execute his
lawful and reasonable commands, and shall not absent him-
self from the service or employ of the sd A. B. at any time
during the sd term without his consent first obtained, but
shall at all times during the sd term conduct himself with
all due diligence, honesty, and propriety. [And that the sd
C. D. will during the sd term, at his own cost, find and pro-
vide the sd E. D. with food, lodging, suitable apparel, and
other necessaries.] And the sd E. D. doth hby covt with
the sd A. B. that lie will well and faithfully serve the sd

242 PEECEDENTS.

A, B. at all times during the sd term as a clerk ought to do
in all things whatsoever. In consideration whof and of
the sum of £200 by the sd C. D. to the sd A. B. paid at or
before the exeou of these presents (the receipt whof the
sd A. B. doth hby acknowledge), the sd A. B. doth hby
covt with the sd C. D. that he the sd A. B. will accept and
take the sd E. D. as his clerk, and will by the best means
he can, and to the utmost of his skill and knowledge, teach
and instruct, or cause to be taught and instructed, the sd
C. D. in the practice or profession of a solor. And also will
at the expiron of the sd term use his best means and en-
deavours, at the request and cost of the sd C. D., and E. D.,
or eir of them, to cause and procure the sd E. D. to be
admitted and sworn a solor of the sd Supreme Court, pro-
vided the sd E. D. sliall have well and faithfully served his
said intended clerkship, and shall have successfully passed all
such examinations as articled clerks are by law or custom
bound to submit to before being admitted to pra^-tise as a
Solor. In witness, &c.

XXIX.

Indenture ^Apprenticeship.

This Indee witnesseth, that A. B. doth put himself appren-
tice to C. D. to learn his art, and with him (after the manner
of an apprentice) to serve from the date hrof until the end
of five years thence next following, during which term the
sd apprentice his sd master faithfully shall serve ; his secrets
keep; his lawful demands everywhere gladly do. He shall
do no damage to his sd master, nor see it done by others,
but shall forthwith give warning to his sd master of the
same. He shall not waste the goods of his sd master, nor
lend them unlawfully to any ; nor contract matrimony within
the sd term ; nor buy nor sell without license of his sd
master ; nor haunt taverns or playhouses ; nor absent himself
from his sd master's service unlawfully ; but in all things as

AGREEMENTS. 24

a faithful apprentice he shall behave himself towards his
master, and all his, during the sd term. He shall give a
true and just account of his sd master's goods, chattels, and
money committed to his charge, or which shall come to his
hands, whenever required so to do. And the sd master by
the best means that he can, shall teach and instruct, or cause
to be taught and instructed, his sd apprentice in the art of
[specify the trade] : finding him sufficient meat, drink, lodg-
ing, and all other necessaries during the sd term.

Peovided always, and it is hrby agreed between the sd
parties, that in case the sd apprentice shall at any time be
wilfully guilty of disobedience or misconduct towards his sd
master or any of his family or servants, it shall be lawful for
his sd master immediately wholly to discharge such appren-
tice from his sd service, and it shall be lawful for him
thenceforth, during the residue of the sd term, wholly to
refuse to maintain, instruct, or receive his sd apprentice,
[and he shall not be required to return any part of the
sd premium.] ^

In witness, &c.

* The last fourteen words will of course, be omitted where no premium
is paid.

K 2

244 PEECEDENTS.

APPOINTMENTS.

XXX.

Appointment of a Share of Residuary Estate.

To ALL TO WHOM THESE PRESENTS shall come, I, A. B.of &c.,
widow, send greeting :

Whas C. B. of &e., duly made his will, dated &c., and
thby gave all his real and psnl este to E. S. and T. W. upon
certain trusts thru mentd, being in effect trusts for conver-
sion and pmt of his debts, funeral and testamentary exps,
and for the investment of the residue thof. And he thby
directed the sd R. S. and T. W. to stand possd of such
residue and the investments thof in trust to pay the income
thof to me for my separate use for life, and after my death to
hold the same residue and investments in trust for such one
or more of his issue by me the sd A. B. and in such manner
and form in every respect as I should so long as I shd remain
his widow by deed or will or codicil appt. And whas the
sd C. B. died on \date\ and his will was duly proved by the
sd R. S. and T. W., the exors thru named. And whas the
sd R. S. and T. W. duly converted the real and psnl este of
the sd 0. B. and paid thereout his funeral and testamentary
exps, and the residue of his sd este is now represented by
the sum of £20,000 Bank £3 per cent. Consolidated Annies
standing in the names of the sd R. S. and T. W. in the books
of the Governor & Co. of the Bank of England. And whas
there was issue of the sd C. B. and myself five children, of
whom one, namely, D. B., has recently attained the age of
[twenty-four years, and is about to commence business on
his own account], and I am desirous of making such appt as
hrnltr contd.

Now KNOW YE and these presents witness, that I the sd
A. B. in exercise of the power for this ppse given to me by

APPOINTMENTS. 245

the sd will of the sd C. B. deed and of ail other powers (if
any) enabling me in this behalf, do hereby appoint that the
sd R. S. and T. VV. shall stand possd of one equal tenth part
of the sd sum of £20,000 Bank £3 per cent. Consold
annies in trust for the sd D. B. his exors ads and ass
absolutely.

In witness, &c.

XXXI.

Appointment o/Ne\y Trustee o/a Will of
Freeholds.

This Indre, made &c., between A. B., of &c., and C. D., of
&c , of the one part, and E. F., of &c., of the other part :
Whas G. H., late of &c., deceased, by his will dated &c.,
devised all \set out parcels from the ivill] unto I. K. and the
sd A. B. and C. D., their heirs and assns, upon the trusts
thrin mentd. And he thrby declared, that if any of the
trees apptd by his sd will should die, or decline [recite in the
jpast tense the power to appoint new trustees as set out in the
will, shewing: that the power to appoint a netv trustee is vested in
A. B. ayid C. B. as surviving trustees'] : And whas the sd G. H.
died without having revoked or altered his said will, which
was duly proved by the exors thru named : And whas the
said I. K. died on the [date] : Now this Indre witnesseth,
that, in exercise of the power given to them by the hrnbfre
recited will of the sd G. H. and of every other power enabling
them in this behalf, the sd A. B. and C. D. do hereby
appoint the sd E. F. to be a tree of the sd will in the place
of the sd I. K. : And this Indre also witnesseth, that, in
conson of the prems, the sd A. B. and C. D. do hrby grant
unto the sd E. F. and his heirs all the freehold hdts com-
prised in and devised by the sd will of the sd G. H., which
are now vested in the sd A. B. and C. D., together with the
appurtenances to the sd hdts belonging, To hold the same
unto the sd E. F. and his hrs, to the use of the sd A. B.,
C. D,, and E. F., their hrs and assns, upon, with, and subject

246 PEECEDENTS.

to such of the trusts, powers, provos and decloas concerning
the same declared by the sd will of the sd G. H. as are now
subsisting and capable of taking effect.

And each of them the sd A. B. and C. D. [covenant against
incumbs, as in Form XXXII. below. ^

XXXIL

Appointment 0/ New Trustee 0/ a Settlement by
Indorsement under the Statutory Pozver zvhere
the Settlement contains no Power to appoint.

This Indre, made &c., between the within-named A. B. and
the within- named C. D. of the one part, and G. H., of &c.,
of the other part : Whas the within-named E. F. died on
\date'\ : Now this Indre witnesseth, that the sd A. B. and
0. D,, in execution of the power in this behalf given to
them by the Act 23 & 24 Vict. c. 145, and of all other
powers enabling them in this behalf, do hrby appt the sd
G. H. to be a tree of the within-written Indre in the place of
the sd E. F. : And this Indre also witnesseth that, in
conson of the prems, the said A. B. and C. D. do hrby grant
unto the sd G. H. and his hrs the hdts comprised in and
assured by the within-written indre, and which are now
vested in the sd A. B. and C. D., to hold the same unto the
sd G. H. and his hrs, to the use of the sd A. B., C. D., and
G. H. their hrs and assns, upon, with, and subject to such of
the trusts, powers, provons, and declons of the within-written
indre as are now subsisting and capable of taking effect :^ And
each of them, the sd A. B. and C. D. doth hrby for himself,

^ Where a new trustee is appointed in the place of a retiring bankrupt
trustee the following proviso may be useful : —

Provided always, and it is hrby expressly agreed and declared, that
nothing herein contd shall operate to release the sd A. B. or his estate, or
tree in liquon or bkcy, or any pson or psons from any liability which
he, it, or they may have incurred, or may be under or from any claim
which he, it, or they, may be liable to in respect of any breaches of trust
committed by, or any misconduct of the sd A. B. as such tree as afsd or
orwise nr any other pson or psons.

APPOINTMENTS. 247

bis hrs, exors, and admors, covt with the sd G. H., his hrs
and assns, that they the sd covtors resply have not done,
executed, or knowingly suffered any act, deed, or thing
whby the sd hdts are or can be in any manner incumbered
[charged, or affected in title or orwise howsoever, or whby
they are in anywise hindered from assuring the same in
manner afsd.^]

XXXIII.

Appointment of Gamekeeper.

Know all Men by these presents, that I, A. B., of &c.,
do hereby appoint C. D., of &c,, to be my gamekeeper for
my manor ol X., to look after, take care of, and preserve
the game therein, with full power to take and kill any hare,
pheasant, partridge, or other game in and upon my sd manor
[for his own use] : And also to seize all such guns, dogs,
ferrets, nets, and engines for killing and taking conies, hares,
pheasants, partridges, grouse, or other game, as within the
precincts of my sd manor shall be used by any person or
persons who by law is or are prohibited to keep or use the
same : And also to do all other things belonging to the office
of a gamekeeper, according to the several Acts of Parliament
now or hrftr during his apptmt in force.

In -witness, &c.

1 Tbc words within brackets, though usual, arc unncccssar3^

248 PEECEDENTS.

BONDS.

XXXIV.

Common Money Bond.

Know all men by these presents, that we A. B., of &e., and
C. D. of &c., are bound to E. F., of &c., in the penal sum of
£209, to be paid to the sd E. F., or his exors, admrs, or assus,
for which payment we bind ourselves and each of us, our and
each of our hrs, exors, and admors, jointly and severally by
these presents. Sealed with our seals. Dated, &c.

The coudon of the above written bond is such, that if the
above-bounden A. B. and C. D., or eir of them, their or eir
of their hrs, exors, or admors shall, on demand, pay to the
sd E. F., his exors, admors or assns, the sura of £100 sterling,
with interest for the same after the rate of £5 per cent,
per ann, then the above-written bond shall be void, otherwise
shall be in full force.

Signed, sealed, and delivered
in the presence of

XXXV.

BoND/r^w the Manager of a Brewery and his

Sttreties.^

Know all men by these presents that we A. B., of &c.,
C. D., of &c., and E. F., of &c., are jointly and severally
bound unto G. H., of &c., brewer, in the penal sum of £ ,
to be paid to the sd G. H., his exors, admors, or assns [or his
or their attorney or attorneys] for which payment we bind
ourselves jointly and each of us bindeth himself severally,

• 1 This bond is supposed to be given by the manager appointed by
Form XXI. p. 225, supra.

BONDS. 249

and our and each of our lirs, exors, and admors, and every
of them, by these presents. Sealed with our respective
seals. Dated, &c.

Whas the above-named G. H. has taken the above-named
A. B. into his employment as manager of his business of a
brewer, and as receiver of tlie rents and profits of his messes,
cottages, lands, and hdts in the county of X., and the above-
bounden C. D. and E. F. have agreed to join with the sd
A. B. in the above-written bond for his fidelity in the sd
employ : Now the condon of the above-written bond is such
that if the sd A. B. shall, so long as he shall be in the em-
ployment of the said G. H., faithfully account for, pay over,
and deliver unto the sd G. H., his exors, admors, partners or
assns [or to such other person or persons as he or they shall
direct] all sums of money, books, papers, matters, and things
belonging to the sd G. H. which shall from time to time be
received by or come to the hands of the sd A. B., and also
shall act and conduct himself at all times with fidelity,
integrity and punctuality in and concerning the matters and
things which may be reposed in or entrusted to him as such
manager and receiver as afsd, and shall return and make
good any such moneys, books, papers, matters or things as
he may embezzle, take, or misemploy within the space of
seven days after he shall have been justly accused thof, or
in default thereof, if the sd 0. D. and E. F., or eir of them,
shall within fourteen days after he or they shall have had
notice in writing from the sd G. H. of any such default,
make due and sufficient repayment, restitution, or compensa-
tion for the loss or damage which the said G. H. shall have
thereby sustained, then the above- written bond shall be void,
otherwise the same shall remain in full effect.

Signed, sealed and delivered by the above-named A. B.,
C. D., and E. F.
in the presence of

250 PRECEDENTS.

XXXVI.

BoND_/^r replacing a Sum of Stock, and the Payment
of Annual Sums in lieu of Dividends.

Know all men, &c. [as in Form XXX LV., binding A. B.
to 0. D. in penal sum of £5000].

Whas the above-bounden A. B. has requested the sd C. D.
to lend him the sum of £2,300 stock of Consolidated £3 per
Cent. Bank Annuities, the sd C. D. hath sold the same and
paid the proceeds thof, amounting to the sura of £2500, to
the above-bounden A. B. (which he doth hrby acknowledge) :
Now the condition of the above-written bond is such, that if
the above-bounden A. B., his hrs, exors, or admors, or any or
eir of them, shall on or before the [(Za^ej, purchase the sum
of £2300 stock of Consolidated £3 per Cent. Bank Annuities,
and transfer the same into the name of the sd C. D., or of
his exors, admors or assns [or into the name or names of such
other person or persons as he or they shall direct or appoint]
and pay to the sd C. D., his exors, admors or assns, in lieu of
the divds thof, such sums of moy as the sd C. D., his exors,
admors or assns would have been entitled to receive as the
dividends of the said sum of £2300 stock, in case the same
had continued standing in his name, at such time as the sd
divds would have been payable in case the same had not
been sold in manner afsd, then the above-written bond is to
be void and of no effect, otherwise to be in full force.

Signed, &c.

( 251 )

CERTIFICATE OF ACKNOWLEDGMENT.

XXXVII.

Acknowledgment to be mdorsed on Deed to which a
Married Woman is a Party.

Memoeandum, that on the \date\^ this deed was duly acknow-
ledged before me at X., in the county of Y., by A. B., therein
named, to be her deed, previous to >Yhich acknowledgment
the sd A. B. was examined by us separately and apart from
her husband, touching her knowledge of the contents of the
said deed and her consent thereto, and declared the same to
be freely and voluntarily executed by ber.

r D f At r Perpetual Commissioners to take the
' '' „ o ' I Acknowledgments of Married Women
E.F.,of&c. I in the county of Y.

252 PEECEDENTS.

CONDITIONS OF SALE.

XXXVIII.

Conditions of Sale of a Freehold House m Mid
dlesex or Yorkshire {with possession) in 07ie Lot
with Special Stipulations.

I. No person is to advance less than £10 at each bidding
or to retract a bidding. The highest bidder (subject to a
right which is hereby reserved for the vendors to bid by
themselves or their agents) shall be the purchaser, and if
any dispute shall arise concerning a bidding the property
shall be put up again and re-sold.

II. The purchaser is immediately after the sale to pay a
deposit of £10 per cent, of his purchase-money into the
hands of the auctioneers and to sign the subjoined agree-
ment.

III. The vendors are to deliver to the purchaser or his
solicitor an abstract of the title to the property subject to
the stipulations contained in these conditions.

IV. The purchaser is within twenty-one days from the
actual delivery of the abstract, to deliver at the oflBce of
[Mr. A. C, No. 7, F. I., E.G.], a statement in writing of his
objections and requisitions (if any) in respect of the title, or
the form of or the parties to the conveyance, and upon the
expiration of such period of twenty-one days the title is to
be considered as approved of and accepted by the purchaser
subject only to such objections and requisitions (if any) ; and
a similar statement is to be delivered within fourteen days
after the delivery of answers to any previous statement
(whether such answers do or do not include any supple-
mental abstract) the title being considered as approved of
and accepted except as appearing by such similar statement ;
and every objection or requisition not so delivered shall be

CONDITIONS OF SALE. 253

considered as absolutely waived notwitlistanding any sub-
sequent negotiation or litigation, and time shall in these
respects be considered as of the essence of the contract and
for the purpose of any objection or requisition an abstract
shall be deemed to be perfect if it supply the information
suggesting the same although otherwise deftctive ; and if
the purchaser shall insist on any objection or requisition
which the vendors shall consider themselves unable or on
the ground of expense or for any other reason shall decline
to remove or comply with, the vendors shall, notwithstanding
any intermediate negotiation or litigation, and although they
may have insisted that such objections or requisitions are
untenable, be at liberty by notice in writing signed by their
solicitor to rescind the contract, and shall thereupon return
to the purchaser his deposit but without any interest, cost
of investigating the title, or other compensation or payment
whatever.

V. The abstract of title shall commence [as to a portion of
the property with an indenture dated, &c., and made between
G. H. J. L. of the first part, M. A. D. of the second part,
and J. R. H. of the third part ; as to another portion, with an
indenture dated, &c., made between J. S. D. of the one part,
and T. C. of the other part ; and as to the remainder, with
an indenture dated, &c., and made between T. C. of the one
part and F. W. S. of the other part.]

VI. The purchaser shall not be at liberty to require,
investigate, or object to any title or evidence of title or any
other matter whatsoever prior to the respective commence-
ments, notwithstanding any reference to or notice of any
prior documents ; and every abstracted document of title
dated more than [15] years prior to the day of sale shall
be accepted as conclusive evidence of the facts, matters, and
conclusions of law recited, stated, assumed, or implied therein,
and also of the material contents and due execution of all
instruments therein recited or noticed, and of which the
vendors have neither the original nor attested copies,
whether the vendors have covenants for the production
thereof or not ; and no objection or requisition .shall be

254 PKECEDENTS.

made in respect of the non-production of the original or an
attested or other copy of any instrument so recited or noticed
or of any instrument enrolled for safe custody and accessible
to the purchaser, or of any instrument of which the vendors
shall produce what purports to be an attested copy ; and no
abstract in chief shall be required of any documents so
recited or noticed and of which the vendors have neither
the originals nor a copy ; and no objection or requisition
shall be made on the ground of the absence or imperfection
of any covenants for title or covenants for the production of
muniment of title.

[VII. As respects any securities given to or released, re-
conveyed or transferred by persons acting or described in the
deeds of mortgage, release, or transfer, or any receipt indorsed
on any mortgage or transfer and intended to operate as a
release or re-conveyance as trustees of any benefit building
society, it shall be assumed that such persons were the duly
appointed and only trustees for the time being of a duly
constituted benefit building society as therein referred to,
and had full power to accept, release, re-convey, or transfer
(as the case may be) the said securities respectively. And the
rules of any such society, or any documents or proceedings
relating to the constitution of the same or the appointment
of the trustees thereof shall not be called for.]

[VIII. The purchaser shall assume that every former
owner of any part of the property whose wife or widow
(if any) might be entitled to dower and is not mentioned in
the title was unmarried at the time when he died or ceased
to be the owner of the estate conferring the right to dower.]

IX. As respects any deed, will, or other document which
may not have been registered or properly registered in the
county register, the same shall (if required and practicable)
be registered or re-registered at the expense of the purchaser,
who shall not make any other objection or requisition in
respect thereof, nor shall the completion of the purchase be
delayed with a view to such registration or re-registration.

X. The property is believed and shall be taken to be
correctly described as to quantity and otherwise, and is sold

CONDITIONS OF SALE. 255

subject to all chief and other rents, rights of way and water
and other easements (if any) charged or subsisting thereon,
and if any error, mis statement, or omission in the particulars
be discovered the same shall not annul the sale nor shall any
compensation be allowed by the vendors or purchaser in
respect thereof.

XI. The purchaser shall admit the identity of the pro-
perty with that comprised in the muniments offered by the
vendors as the title to such property upon the evidence
afforded by a comparison of the descriptions in the particu-
lars and the muniments. And the vendors shall not be
required to account for the discrepancy (if any such exists)
between present measurements and those given in the
abstracted muniments of title.

[XII. The purchaser shall, within twenty-four hours after
the sale, give notice in writing at the oiSce aforesaid, whether
he elects to take any (and if so, what part) of the fittings
mentioned in the particulars or not ; and if he elects to take
the same or any portion thereof, he shall pay for the same as
hereinafter provided, and shall assume that the vendor has
power to sell the same, and to give an effectual receipt for
the purchase-money thereof.

XIII. The valuation referred to in the particulars is to be
made in the following manner (that is to say) : each party
(vendor and purchaser, or their respective solicitors) is,
within twenty-four hours after the sale, to appoint by writing
one valuer, and give notice in writing to the other party of
such appointment, and the valuers so appointed are to make
such valuation ; but before they commence their valuation
they are to appoint an umpire by writing, and the decision of
such valuers if they agree, and of such umpire if they dis-
agree, is to be final ; and in case the purchaser shall neglect
or refuse to appoint a valuer, and give notice thereof in the
manner and within the time hereby specified, the valuation
is to be made by the valuer appointed by the vendor alone,
and his valuation is to be final]

XIV. If the purchaser may consistently with these con-
ditions require and shall require an abstract or the production

256 PRECEDENTS.

of any deed or document not in the possession of the vendors,
or any office, attested, or other copy of or extracts from any
deed, will, or other document, whether in their possession or
not, and whether for the purpose of verifying the abstract or
of accompanying or completing the title or otherwise, or any
affidavit, statutory declaration, certificate, or other evidence
not in the possession of the vendors as to seisin, identity of
parcels, or any other matter, or any information not in the
vendors' possession or knowledge, the expense of complying
or attempting to comply with any and every such requisition
shall be borne by the purchaser, who shall also bear the
expense of tracing and getting in all outstanding legal
estates (if any) and of stamping or re-stamping any unstamped
or insufficiently stamped muniments of title should any such
there be (which, however, is not known or believed to be the
case) and of all searches, inquiries, and journies, for the
above purposes or any of them. The purchaser shall not
require any incumbrances to be discharged otherwise than
by the incumbrancers joining in such purchaser's conveyance,
or make any claim for costs in respect thereto.

XV. The purchaser shall pay the remainder of the pur-
chase-money, [and the value of the said fixture, in case he
shall elect to buy them,] on the [twelfth day of August] next,
at the office aforesaid to the vendors, or as they shall direct,
and upon such payment the vendors will execute, or procure
to be executed, by all necessary parties, a proper assurance
to the purchaser of the property purchased by him, but such
assurance and every other assurance and act (if any) which
shall be required by the purchaser for getting-in, surrendering
or releasing any outstanding estate, right, title, or interest,
or for completing or perfecting the vendor's title, or for any
other purpose, shall be prepared, made, and done, by and at
the expense of the purchaser, and every such assurance shall
be left not less than ten clear days before the said [twelfth
day of August] next, at the office aforesaid, and the expenses
of the perusal on behalf of, and execution and acknowledg-
ment by all parties (if any) other than the vendors of all such
assurances shall be borne by the purchaser.

CONDITIONS OF SALE. 25 <

XVI. Possession will be retained and the outgoings dis-
charged by the vendors up to the said [twelfth day of August]
next ; and as from that day the outgoings shall be discharged
and the possession taken by the purchaser, and such out-
goings shall (if necessary) be apportioned between the vendors
and purchasers for the purpose of this condition.

XVII. If from any cause whatever (other than the wilful
default of the vendors) the purchase shall not be completed
on the said [twelfth day of August] next, the purchaser shall
pay interest on the remainder of the purchase-money at the
rate of £5 per cent, per annum from that day until the
purchase shall be completed.

XVII I. Such of the deeds and muniments of title in the
possession of the vendors as relate exclusively to the property,
will, upon completion of the sale, be delivered over to the
purchaser ; as respects such deeds and muniments as do not
relate exclusively to the property the vendors will retain the
same, and will at the purchaser's expense enter into covenants
with him for their production, such covenants to be so framed
as to bind, as far as may be practicable, such deeds and
muniments in the hands of the actual owners for the time
being, but not so as to subject any covenantor or his repre-
sentative to liability except in respect of his or their indivi-
dual acts and defaults, during such time as he or they shall
be in the actual possession of, or entitled to, the custody of
such deeds and muniments respectively.

Lastly. — If the purchaser shall fail to comply with the
above conditions his deposit shall be forfeited, and the vendors
shall be at liberty to re-sell the property at such time, in
such manner, and subject to such conditions as the vendors
may think fit, and any deficiency in price which may happen
upon, and all expenses attending the re-sale, shall immediately
afterwards be paid by the purchaser to the vendor.-^, and ia
case of non-payment shall be recoverable by the vendors as
liquidated damages.

CONTRACT.

It is hereby agreed and declared that of

has tliis day purchased by public auction of the vendors

258 PRECEDENTS.

{insert names of vendors) ^ the property described in the

within particulars, for the sum of £ under and subject

to the conditions of sale within specified, and has paid down

the sum of £ as a deposit and in part payment of the

said purchase-money ; and that the said purchase shall be
completed and the remainder of the purchase-money paid
according to the terms of the said particulars and conditions.^

As witness the hands of the respective parties this
day of 1878.

Purchase-money £ ., „ Purchaser.

Deposit paid £ „ „ Vendor's Agent.

Balance £ ,,

XXXIX.

Conditions of Sale of Freeholds in tzvo Lots.

I. No person is to advance less than £10 at each bidding,
or to retract a bidding. The highest bidder (subject to a
right which is hereby reserved for the vendors to bid by
themselves or their agents) shall be the purchaser, and if
any dispute shall arise concerning a bidding, the property
shall be put up again and re-sold.

II. Each purchaser shall, immediately after the sale, pay
a deposit of £10 per cent, of his purchase-money into the
hands of the auctioneers, and sign the subjoined agreement.

^ It is always advisable to insert the names of the vendors, unless they
are named in the conditions.

^ Where property put up for sale is in mortgage, and not sold by the
mortgagee under his power of sale, it is necessary in some part of the
particulars or conditions of sale to give notice to the purchaser of the
property being in mortgage ; otherwise he could require the vendor either
to get in the mortgage by a separate deed, or to pay any costs occasioned
by the extra length of his conveyance consequent upon the necessity of the
recital of the mortgage in the conveyance, and of making the mortgagees
parties to it.

CONDITIONS OP SALE. 259

III. The vendors will deliver to each purchaser, or his
solicitor, an abstract of the title to the property purchased
by him, subject to the stipulations contained in these con-
ditions. No purchaser of two lots held wholly or partially
under the same title shall be entitled to more than one
general abstract, except at his own expense.

IV. Each purchaser is, within fourteen days from the
actual delivery of the abstract to deliver at the offices of B.
at &c., a statement in writing of his objections and requisi-
tions (if any) in respect of the title, or the form of, or the
parties to the conveyance, and upon the expiration of such
period of fourteen days the title is to be considered as
approved of, and accepted by such purchaser, subject only
to such objections and requisitions (if any), and a similar
statement is to be delivered within seven days after the
delivery of answers to any previous statement (whether such
answers do or do not include any supplemental abstract) the
title being considered as approved of and afcepted, except
as appearing by such similar statement ; and every objection
or requisition not so delivered shall be considered as abso-
lutely waived, notwithstanding any subsequent negotiation
or litigation, and time shall, in these respects, be considered
as of the essence of the contract; and for the purpose of any
objection or requisition, an abstract shall be deemed perfect
if it supply the information suggesting the same, although
otherwise defective, and if any purchaser shall insist on any
objection or requisition, which the vendors shall consider
themselves unable or, on the ground of expense, or for any
other reason, shall decline to remove or comply with, the
vendors shall (notwithstanding any intermediate negotiation
or litigation, and although they may have insisted that such
objections or requisitions are untenable) be at liberty by
notice in writing signed by their solicitor, to rescind the
contract, and shall thereupon return to the purchaser his
deposit, but without any interest, costs of investigating the
title, or other compensation or payment whatever.

[V. The property was formerly part of the estate of the

s 2

260 PKECEDENTS.

See of Winchester, and the title shall commence with the last
lease thereof for lives dated, &c,, granted by the late bishop
[name], and with a conveyance dated &c., of the reversion in
fee simple expectant on such lease to trustees for the bishop,
with the concurrence of the Church Estates Commissioners.]
VI. No purchaser shall be at liberty to require, investigate,
or object to any title, or evidence of title, or any other matter
whatsoever (either in respect of the fee or of any lease on the
determination of which the aforesaid lease appears to have
been granted) prior to such respective commencements, not-
withstanding any reference to or notice of any prior docu-
ments, and every abstracted document of title dated more
than [twelve] years prior to the day of sale shall be accepted
as conclusive evidence of all facts, matters, and conclusions of
law recited, stated, assumed, or implied therein, and also of
the material contents and due execution of all instruments
therein recited, of which the vendors have neither the ori-
ginals nor attested copies, whether they have covenants for
the production thereof or not, and no objection shall be made
in respect of the non-production of the original, or an attested,
or other copy of any instrument so recited, or of any instru-
ment inrolled for safe custody and accessible to the purchaser,
or of which the vendors shall produce what purports to be
an attested copy, and no abstract in chief shall be required
of any document so recited, and of which the vendors have
neither the original nor a copy, and no objection or requisi-
tion shall be made on the ground of the absence or imper-
fection of any covenants for title or for the production of
muniments of title.

[VII. The vendors are trustees selling under a power of
sale in the will of the late J. N., Esq. On the [date] an
action (V. v. N., 187 -, N. No. 98), was commenced in the
Chancery Division of the High Court of Justice, to obtain
the sanction of the Court to a compromise relating to certain
real estate of the testator not comprised in the present sale,
and the plaintiffs claimed in the alternative a declaration of
the rights of the plaintiffs and defendants in such real estate
and also administration of the testator's real and personal

CONDITIONS OF SALE. 261

estate, if and so far as necessary for the purposes aforesaid.
An order was made sanctioning such compromise. No pur-
chaser shall be entitled to require the sanction of the Court
to be obtained to the present sale, or to make any objection
or requisition in respect thereof, or in respect of such action
or any of the proceedings therein, or the effect thereof, nor
to require the concurrence in his conveyance of any of the
persons beneficially interested. The vendors will only enter
into the usual trustees' covenants against incumbrances.]

[VIII. The whole of the property is sold and is believed
to be free from land tax, but no evidence thereof shall be
required beyond that furnished by the reservation in the
above-mentioned lease of rent in respect of redeemed land
tax.]

IX. Each purchaser shall admit the identity of the pro-
perty purchased by him with that comprised in the muni-
ments offered by the vendors as the title to such property,
upon the evidence afforded by a comparison of the descrip-
tions in the particular and muniments. And the vendors
shall not be required to account for any discrepancy between
present measurements and those given in any of the abstracted
muniments of title.

X. The property is believed and shall be taken to be
correctly described as to quantity and otherwise, and each
lot is sold subject to all rights of way, and water, and other
easements (if any) subsisting thereon, and to the leases
mentioned in the particular ; and if any error, mis-statement,
or omission in the particular be discovered, the same shall
not annul the sale, nor shall any compensation be allowed in
respect thereof. [Che part of Lot 2 called " C. Alley," was
formerly called by that name, and was subject to a public
right of way, said to have been closed long since by the
Commissioners of the Clink Pavement. It was also subject
to a private right of way, but this is believed to have ceased.
The use only of the alley was granted by the said lease of
the [date], but the site was conveyed by the said indenture
of the [date], and it shall be admitted that the fee simple of
the said alley passed by such conveyance, and the same is

262 PKECEDENTS.

sold and shall be conveyed subject to all existing rights
of way, whether public or private, over the same if any
there be.]

XI. The counterpart, or a copy of each of the leases
mentioned in the particular will (if required) be produced
at the sale, and each purchaser shall therefore be deemed to
buy with full notice of the contents and effect thereof re-
spectively, and as regards each lot the purchaser shall also
be deemed to buy with full notice of the lessees' rights
(if any) to fixtures and otherwise, and of the state of the
property as respects repairs, insurance, and all other matters.
Xir. If any purchaser may, consistently with these con-
ditions, require and shall require an abstract, or the pro-
duction of any deed or document not in the possession of
the vendors, or any office, attested, or other copy of or
extracts from any deed, will, or other document, whether in
their possession or not, and whether for the purpose of
verifying the abstract or of accompanying or completing the
title or otherwise, or any affidavit, statutory declaration,
certificate, or other evidence not in the possession of the
vendors, as to seisin, identity of parcels or any other matter,
or any information not in the vendors' possession or know-
ledge, the expense of complying or attempting to comply
with any and every such requisition shall be borne by the
purchaser requiring the same, who shall also bear the expense
of tracing and getting in all outstanding legal estates (if
any) and of stamping or re-stamping any unstamped or
insufficiently stamped muniments of title, should any such
there be (which, however, is not known or believed to be the
case), and of all searches, inquiries, and journeys for the
above purposes, or any of them.

XIII. Each purchaser shall pay the remainder of his
purchase-money on the [date] at the offices aforesaid, to the
vendors, or as they shall direct, and upon such payment the
vendors will execute, or procure to be executed by all neces-
sary parties, a proper assurance to each purchaser of the
property purchased by him, but such assurance, and every
other assurance and act (if any) which shall be required by

CONDITIONS OF SALE. 2(33

any purchaser for getting in, surrendering, or releasing any-
outstanding estate, right, title, or interest, or for completing
or perfecting the vendors' title, or for any other purpose,
shall be prepared, made, and done by and at the expense of
such purchaser, and every such assurance shall be left not
less than seven clear days before the said [date] next at the
offices aforesaid, and the expense of the perusal on behalf
of and execution and acknowledgment by all parties (if any)
other than the vendors of all such assurance?, shall be borne
by the purchaser.

XIV. The rents will be received and the outgoings dis-
charged by the vendors up to the said [24th of June] next, and
as from that day the outgoings shall be discharged and the
rents taken by the respective purchasers, and such rents and
outgoings, shall (if necessary), be apportioned between the
vendors and purchasers for the purpose of this condition.
If from any cause whatever (other than the wilful default of
the vendors) the purchase of either lot shall not be completed
on the said [24th of June] next, the purchaser of such lot
shall pay interest on the remainder of his purchase-money, at
the rate of £6 per cent, per annum, from that day until
the purchase shall be completed.

XV. The purchaser of the larger part in value of pro-
perty held under the same title, shall be entitled, after the
completion of the sale of all such property, to the custody of
the muniments of title relating thereto, and shall, at the
expense of the other purchaser, enter into usual covenants
with him for the production and furnishing copies of such
muniments. If either lot shall not be sold at this sale, the
vendors shall retain the said muniments until both lots shall
be sold, and the purchaser of the lot sold shall in the
meantime be entitled at his own expense to the production
of such muniments and to copies ot them, but the vendors
will not enter into any covenant in relation thereto.

Lastly. If either purchaser shall fail to comply with the
above conditions his deposit shall thereupon be forfeited,
and the vendors shall be at liberty to re-sell the property
bought by such purchaser, at such time, in such manner,

264 PRECEDENTS.

and subject to such conditions as the vendors shall think fit,
and any deficiency in price which may happen on, and all
expenses attending the re-sale, shall immediately afterwards
be paid by the defaulter to the vendors, and in case of non-
payment shall be recoverable by the vendors as liquidated
damages.

[The contract will be the same as iu the last preceding form.]

XL.

Conditions of Sale^^ Leasehold House {with
possession) in one Lot.

I. -)

yy j > These will he the same as in Form XXXVill., p. 252.

IV. J

V. The abstract of title shall commence with the lease
under which the property is held (the same being an under-
lease) dated the 27th of March, 1841, the lessor being Mr.
William Woods ; and the purchaser shall not be entitled to
investigate, object to, or require the production of the title
of the lessor, or any title prior to or other than the said lease,
whether such lessor's or prior or other title appear by recital,
statement, or otherwise, or do not appear at all, and the said
lease shall be deemed valid and well granted.

VI. Inasmuch as the original or a copy of the said lease
will be produced and may be seen at any time prior to the
day of sale at the office aforesaid, the purchaser shall be
deemed to have full notice of the contents thereof. And
the production of the receipt for the rent which last accrued
due under the said lease, or satisfactory evidence of the pay-
ment thereof, shall be accepted as conclusive evidence that
all covenants and conditions of such lease, as well as of any
prior or superior lease, have been fulfilled, or all breaches
(if any) of such covenants or conditions or any of them,
whether appearing by the abstract or otherwise, or not, have

CONDITIONS OF SALE. 2 65

been eflectually waived down to the time of completion of
the purchase, including the interval between the contract for
sale and such completion, and that such lease is then valid
and subsisting, and no evidence shall be required of the fact
of the persons receiving such rent being entitled so to receive
the same, and no objection or requisition shall be made in
respect of the fact (should it be one) of such superior lease
having comprised other property under a joint liability to
rent and covenants.

[VII. The property was assigned by the original lessee to
Mr. W. S. H., in 1842, by a deed-poll which contains the
usual covenants for title on the part of the assignor. No re-
quisition or objection shall be made in respect of such
assignment not having been made by indenture.]

[VIII. The property was formerly known as No. 4, A.
Terrace, and was changed to No. 5 in 1841 or 1842. The
statement of this fact in the last-mentioned deed shall be
accepted as conclusive evidence thereof. The property is
now known as No. 7, and the purchaser shall be satisfied
with such evidence of the change from No. 5 to No. 7 as the
vendors may be able to adduce.]

IX. Every abstracted document of title dated more than
15 years prior to the day of sale shall be accepted as suffi-
cient evidence of the facts, matters, and conclusions of law
recited, stated, assumed or implied therein, and also of the
material contents and due execution of all instruments therein
recited or noticed, and of which the vendors have neither the
original nor attested copies, whether the vendors have cove-
nants for the production thereof or not, and no objection or
requisition shall be made in respect of the non-production of
the original, or an attested or other copy of any instrument
so recited or noticed, or of any instrument enrolled for safe
custody and accessible to the purchaser ; or of any instru-
ments of which the vendors shall produce what purports to
be an attested copy, and no abstract in chief shall be re-
quired of any documents so recited or noticed and of which
the vendors have neither the original nor a copy ; and no
objection or requisition shall be made on the ground of the

266 PKECEDENTS.

absence or imperfection of any covenants for title or cove-
nants for the production of muniments of title.

X. As respects any deed, will, or other document which
may not have been registered or properly registered in the
county register, the same shall (if required and practicable)
be registered or re-registered at the expense of the purchaser ;
but the purchaser shall not make any other objection or re-
quisition founded on the fact of such non-registration or insuf-
ficient registration, nor shall the completion of the purchase
be delayed with a view to such registration or re-registration.

XI. The purchaser shall admit the identity of the pro-
perty with that comprised in the muniments offered by the
vendors as the title to such property upon the evidence
afforded by a comparison of the descriptions in the parti-
cular and the muniments, and of a declaration to be made
(if required) at the purchaser's expense that the property has
been enjoyed according to the title from the date of the
stipulated commencement. And the vendors shall not be
required to account for the discrepancy (if any such exists)
between present measurements and those given in the ab-
stracted muniments of title.

XII. The property is believed to be and shall be taken to
be correctly described as to quantity and otherwise, and is
sold subject to all rights of way and water and other ease-
ments (if any) charged or subsisting thereon ; and if any
error, misstatement, or omission in the particular be dis-
covered the same shall not annul the sale, nor shall any
compensation be allowed by the vendors or purchaser in
respect thereof.

XIII. If the purchaser may, consistently with these con-
ditions, require and shall require an abstract or the produc-
tion of any deed or document not in the possession of the
vendors, or any office, attested, or other copy of or extracts
from any deed, will, or other document, whether in their
possession or not, and whether for the purpose of verifying
the abstract or of accompanying or completing the title or
otherwise, or any affidavit, statutory declaration, certificate,
or other evidence not in the vendor's possession as to any

CONDITIONS OF SALE. 207

matter whatever, or any information not in the vendor's pos-
session or knowledge, the expense of complying with or
attempting to comply with any such requisition shall be
borne by the purchaser, who shall also bear the expense of
tracing and of getting in all outstanding legal estates (if any),
and of stamping or re-stamping any unstamped or insufS-
ciently stamped muniments of title should any such there
be (which however is not known or believed to be the case),
and of all searches, inquiries, and journeys for the above
purposes or any of them.

XIV. The purchaser shall pay the remainder of his pur-
chase-money on the 1st day of August next, at the oflSce
aforesaid, to the vendors, or as they shall direct ; and upon
such payment the vendors will execute or procure to be exe-
cuted by all necessary parties a proper assurance of the pro-
perty to the purchaser, or as he shall direct ; but such
assurance and every other assurance and act (if any) which
shall be required by the purchaser, for getting in, surrender-
ing, or releasing any outstanding estate, right, title, or interest,
or for completing or perfecting the vendors' title, or for any
other purpose, shall be prepared, made and done by and at
the expense of the purchaser ; and every such assurance shall
be left, not less than 10 clear days before the said 1st day of
August, at the office aforesaid, and the expenses of the
perusal on behalf of and execution by all parties, other than
the vendors, of all such assurances shall be borne by the
purchaser.

XV. The sale being made under powers of sale contained
in two mortgage deeds, the purchaser shall not require the
concurrence of any person interested in the equity of re-
demption, and shall not require any other covenants to be
entered into than the usual covenant against incumbrances.

XVI. The possession will be retained and the outgoings
discharged by the vendors up to the said 1st of August next,
and as from that day the outgoings shall be discharged and
the possession taken by the purchaser, and such rents and
outgoings shall (if necessary) be apportioned between the
vendors and purchaser for the purpose of this condition.

268 PEECEDENTS.

XVII. If from any cause whatever (other than the vvilfal
default of the vendors) the purchase shall not be completed
on the said 1st of August next, the purchaser shall pay
interest on the remainder of the purchase-money at the rate
of £5 per cent, per annum from that day until the purchase
shall be completed.

XVIII. Such of the deeds and muniments of title in the
possession of the vendors as relate exclusively to the pro-
perty will, upon completion of the sale, be delivered over to
the purchaser. As respects such deeds and muniments as
do not relate exclusively to the property, the vendors will
retain the same, and will, at the purchaser's expense, enter
into covenants with him for their production. Such cove-
nants to be so framed as to bind, as ftir as may be practicable,
such deeds and muniments in the hands of the actual owners
for the time being, but not so as to subject any covenantor
or his representatives to liability, except in respect of his or
their individual acts and defaults during such time as he or
they shall be in the actual possession of or entitled to the
custody of such deeds and muniments respectively.

Lastly. If the purchaser shall fail to comply with the
above conditions his deposit shall be forfeited, and the
vendors shall be at liberty to resell the property, at such
time, in such manner, and subject to such conditions as they
may think fit, and any deficiency in price which may happen
upon and all expenses attending the resale, shall, immediately
afterwards, be paid by the purchaser to the vendors, and in
case of non-payment shall be recoverable by the vendors as
liquidated damages.

[The contract may be in the same form as in the two previous forms.]

CONDITIONS OF SALE. 269

XLI.

Short Form of Conditions of Sale of Leasehold
Property in Lots.

These conditions )nay he taken from Form XXXIX.,
supra, p. 258.

IV. The title to lot 1 shall commence with an indenture
of lease dated, &c., and that to lot 2 with an indenture of
lease dated, &c., and the purchaser of such lots respectively
shall not be entitled to call for the production of, or to inves-
tigate, or make any objection to or requisition in respect of
the title of the lessors respectively, or their right to grant
such leases respectively ; and it shall not be a ground of
objection that the property comprised in lot 1 is held by the
vendor under a derivative lease ; and the production of a
receipt for the last payment of rent accrued on each of the
said lots respectively, previously to the completion of the
purchase, shall be conclusive evidence that all the covenants
and conditions in the said leases respectively have been
respectively performed and observed up to the completion of
the purchase of the said lots respectively.

Y. The purchaser of each lot shall, within ten days after
the delivery of the abstract of title, give the vendor, or his
solicitor, a statement in writing of the objections or requisi-
tions (if any) not precluded by these conditions to or on the
title of the lot purchased by him, and every objection not
taken and so communicated within such period shall be
deemed waived, the title shall be deemed absolutely accepted
and the purchaser precluded from objecting thereto. And if
any purchaser shall insist on any objection or requisition
made within the time limited, which the vendor shall be
unable or unwilling to remove or comply with, the vendor
may, by notice in writing, to be given to such purchaser or
his solicitor, at any time, notwithstanding any negotiation in
respect of any objection or requisition, annul the sale, and
the auctioneer shall thereupon return to such purchaser his

270 PRECEDENTS.

deposit, but without any interest, costs or compensation
whatever.

VI. The leases of the property will be produced for inspec-
tion on the day of sale, and the purchaser or purchasers shall
not afterwards refuse to perform his, her or their coutract
or contracts, on the ground of any covenants, stipulations,
restrictions, conditions, matters or things therein respectively
contained.

VII. No purchaser shall be entitled to call for the pro-
duction of, or make any objection on account of the non-
production of, any deeds or muniments of title of which the
vendor shall produce attested copies.

VIII. All extracts, attested, official, or other copies of
deeds, wills, or other instruments, and all certificates, statutory
or other declarations, and other documents which may be
required either for the purpose of verifying the abstract,
identifying property, or persons, or otherwise, are to be
procured, made, furnished, and obtained at the expense of
the purchaser requiring the same.

IX. Upon payment of the remainder of the purchase-
money, at the office aforesaid on the [(^a^ej, the vendor will
execute a proper assurance to the purchaser, such assurance
to be tendered or left at the offices aforesaid for execution
by the vendor ten days at least before the said [tZa^e].

X. In case both lots shall be sold, the purchaser of the
larger lot in value shall be entitled to the custody and
possession of such of the title deeds as have reference to and
include both of the said lots, and shall enter into a covenant
for their production to the jDurchaser of the other lot ; but in
case either lot shall remain unsold, such deed shall remain in
the custody of the vendor, who in that case shall enter into
the usual defeasible covenant for the production of the same ;
and such covenant, and all substituted deeds of covenant
and all other deeds required for the assignment of the re-
spective lots, shall be prepared by and at the expense of the
purchasers.

; Lastly. If any purchaser shall fail to comply with the
above conditions, his deposit shall thereupon be forfeited to

CONDITIONS OF SALE. 271

the vendor, and the vendor shall be at liberty to re-sell the
lot bought by such purchaser, either by public auction or
private contract, at such time and generally in such manner
as the vendor shall think fit ; and the deficiency in price (if
any) which may happen on such second sale, and all costs
and expenses attending the same, shall immediately after
such second sale be made good and paid to the vendor by
such defaulter at this present sale, and in case of non-
payment, the whole or such part of the deficiency and
expenses as shall not be paid shall be recoverable by the
vendor, as and for liquidated damages ; [and it shall not be
necessary for the vendor to tender any assignment to the
purchaser,] and any profit at such second sale shall belong
to the vendor.

[The purchase contract may be taken from Form XXXVII [., p. 258.]

XLII.

Conditions of Sale of Freehold Ground Rents.

I. ^.

II. f Them will he the same as in Form XXXIX., p. 258,

III. [ supra.

IV. J

V. The title of the vendor to the several lots sold shall
commence with a conveyance from [A.B., dated, &c.] The
purchaser shall not require the production of, or be entitled
to investigate or object to, the prior title, notwithstanding
there is a covenant for the production of title-deeds of prior
date.

VI. No evidence shall be required for identifying any of
the lots with the description, either general or particular, in
any of the abstracted deeds or other documents, or in the
printed particular. Any certificate or statutory declaration
that may be required for making out or evidencing the
vendor's title, and the obtaining all information relating
thereto, are to be procured at the expense of the purchaser
requiring the same.

272 PRECEDP^NTS.

VII. If any error, misstatement, or omission in the parti-
cular shall be discovered, compensation shall be allowed or
given by the vendor or purchaser, as the case may require ;
and such compensation shall be settled, regard being had to
the amount ot the purchase- money, by the auctioneer at the
present sale.

VIII. On payment of the remainder of the purchase-money,
the vendor will execute a proper conveyance to the purchaser
of the lot or lots sold, subject to the existing lease or leases
thereof, such conveyance to be prepared by the purchaser's
solicitor at his expense, and the engrossment thereof with
the draft to be left at the office of the vendor's solicitor three
days prior to the day named for completion. The vendor
will retain the above-mentioned conveyance of the [date],
and the conveyance to the purchaser shall contain a covenant
on the part of the vendor to produce the same indenture to
the purchaser, his heirs and assigns, such covenant to be
determinable on the vendor parting with the said indenture,
and procuring the person or persons to whom it shall be
delivered to enter into at the purchaser's expense a like
covenant with the person or persons who may then be entitled
to the benefit of the vendor's covenant.

Lastly. If any purchaser neglect or refuse to observe or
comply with these conditions, the deposit-money is to belong
absolutely to the vendor, who may re-sell the property with-
out previously tendering a conveyance of the lot or lots sold,
or giving any notice to such purchaser, and either by public
auction or private contract, and subject to these or any altered
particulars or conditions, as the vendor may think fit ; and
any deficiency on such re-sale, with all expenses attending
the same, are to be made good by the purchaser at this sale,
and recoverable by the vendor as liquidated damages witliout
relief in equity.

[The contract may bo taken from Form XXXVIII., p. 258 ]

CONDITIONS OF SALE. 273

XLIII.

Particulars and Conditions of Sale of a Rever-
sion in two Sums of Stock and a House by Trustee
in Bankruptcy.

PARTICULARS.

LOT 1-

THE EQUITABLE LIFE ESTATE

Of a Gentleman now aged 49, in ONE MOIETY
of the Income of a

SUM OF ^11,000

(Now invested in and consisting of £12,482 5s. 6c?. Consolidated Three per
Cent. Bank Annuities),

In Reversion expectant on the Death of a Lady now aged

69 Years ; and also in the OTHER MOIETY thereof in

Reversion expectant on the Death of the same Lady and a

Lady now aged 47 Years.

LOT 2.

THE EQUITABLE LIFE ESTATE

Of the same Gentleman in a

MESSUAGE OR DWELLING HOUSE,

GARDEN AND HEREDITAMENTS,

SITUATE AT

CLEVEDON, IN THE COUNTY OF SOMERSET,

AND ALSO IN A

SUM OP £1,000

CONSOLIDATED THREE PER CENT. BANK ANNUITIES,

Both expectant on the Death of a married Lady, of unsound
mind, now aged 49 Years.

274 PRECEDENTS.

Conditions of Sale.
' y Same as in Form XXXIX., p. 258.

III. The vendor (the trustee in bankruptcy of the person
entitled to the property) is to deliver to each purchaser or
his solicitor an abstract of the title to the property purchased
by him subject to the stipulations contained in these con-
ditions.

IV. [Same as IV. in Form XXXIX., p. 258].

V. The abstract shall commence, as to lot 1, with the will
of A. B., dated, &c., and inasmuch as a copy of such will will
be produced at the sale, and may be inspected for seven
davs prior to the sale at the office aforesaid, the purchaser
shall accept the same as a good root of title, and as contain-
ing a valid and effectual bequest of the life interest comprised
in lot 1, according to the description thereof contained in the
particulars of sale, and shall not require any further or other
title thereto, or make any objection or requisition whatsoever
in respect of the said will.

VI. The abstract shall commence, as to lot 2, with an
indentuie of settlement, dated the 31st day of July, 1852,
and made previous to the marriage of C. D. with E. D,, by
which the said messuage and the said sum of £1000 consols
was settled in trust after the death of the said E. D., for the
said C. D. for life. The said indenture shall be accepted as
conclusive evidence of all facts, matters, and conclusions of
law recited, stated, assumed, or implied therein.

VII. The vendor will produce a letter, dated, &c., written
by the solicitors of the present legal personal representa-
tives of the testator A. B., and the purchaser of lot 1 shall
accept such letter as conclusive evidence that the said
sum of £11,000 is now invested as stated in the particular,
in the names of such legal personal representatives. The
purchaser of lot 2 shall be satisfied with such evidence of the
present state of investment of the said sum of £1000 consols
as the vendor may be able to produce.

VIII. The vendor will produce certificates of baptism of

CONDITIONS OF SALE. 275

the persons referred to in the particular of sale, and a
certificate of the marriage of the persons mentioned in con-
dition 6, and such certificates shall be deemed conclusive
evidence of the ages of such persons respectively, and of the
solemnization of such marriage,

IX. No purchaser shall require any other covenant for
title than the usual covenant that the vendor has not
encumbered.

X. [Same as XII. in Form XXX IX., p. 262.]

XI. Each purchaser shall pay the remainder of his pur-
chase-money on the 2nd day of April next at the office
aforesaid, to the vendor, or as he shall direct, and upon such
payment the vendor will execute or cause to be executed
by all necessary parties a proper assurance to such purchaser
of the property purchased by him, but such assurance and
every assurance and act (if any) which shall be required by
any purchaser for getting in, surrendering, or releasing any
outstanding estate, right, title, or interest, or for completing
or perfecting the vendor's title, or for any other purpose,
shall be prepared, made, and done by and at the expense of
the purchaser, and every such assurance shall be left not less
than ten clear days before the said 2nd day of April, at the
office aforesaid, and the expense of the perusal on behalf of
and execution by all parties (if any) other than the vendor
and the bankrupt of all such assurances, shall be borne by the
purchaser.

XII. If from any cause whatever (other than the wilful
default of the vendor) any purchase shall not be completed
on the [date] next, the purchaser shall pay interest on the
remainder of his purchase-money at the rate of £5 per cent,
per annum, from that day until the purchase shall be com-
pleted.

Lastly. [Same as in ^previous forms.']

T 2

27 G PRECEDENTS.

XLIV.

Conditions of Sale of Leaseholds in Lots binder a
ytidgmcnt of the Chancery Division of the High
Cotirt of fitstice,

I. No person is to advance less than £5 at each bidding.

II. The sale is subject to a reserve bidding for each lot
which has been fixed by the Judge to whose Court this cause
is attached.

III. Each puj chaser is, at the time of the sale, to sub-
scribe his name and address to his bidding (in the bidding
paper) and the abstract of title, and all written notices and
communications and summonses are to be deemed duly-
delivered to and served upon the purchaser by being left for
him at such address unless or until he is represented by a
solicitor.

IV. Each purchaser is, at the time of sale, to pay a deposit
of £10 per cent, on the amount of his purchase-money to
Mr. A. B., the person appointed by the said Judge to receive
the same.

V. The Chief Clerk of the said Judge will after the sale
proceed to certify the result, and Monday, the [date], at
tv\elve of the clock at noon is appointed as the time at
which the purchasers may, if they think fit, attend by their
solicitors at the Chambers of the said Judge, No. 11, New
Square, Lincoln's Inn, in the county of Middlesex, to settle
such certificate. The certificate will then be settled and
will, in due course, be signed and filed and become binding
without further notice or expense to the purchasers.

VI. The vendors (the plaintiffs in the cause) are, within
ten days after such certificate has become binding, to deliver
to each purchaser, or his solicitor, an abstract of the title to
the premises purchased by him subject to the stipulations
contained in these conditions. No purchaser of two or more
lots, held wholly or partially under the same title, shall be
entitled to more than one general abstract except at his own
expense.

VIL Each purchaser is, within fourteen days after the

CONDITIONS OF SALE. 277

actual delivery of the abstract, whether the same be delivered
within the above-mentioned ten days or not, to deliver at the
office of Messrs.. F. & 8., No. 14, Gr. Street, in the city of
London, a statement in writing of his objections and requisi-
tions (if any) in respect of the title or the form of or parties
to the conveyance. And upon the expiration of such period
of fourteen days the title is to be considered as approved of
and accepted by such purchaser, subject only to such objec-
tions and requisitions (if any), and a similar statement is to be
delivered within fourteen days after the delivery of answers to
any previous statement (whether such answers do or do not
include any supplemental abstract) the title being considered
as approved of and accepted, except as appearing by such
similar statement, and every objection and requisition not so
delivered shall be considered as absolutely waived, notwith-
standing any subsequent negotiation or litigation, and time
shall, in these respects, be considered as of the essence of the
contract, and for the purpose of any objection or requisition
an abstract shall be deemed to be perfect if it supply the
information suggesting the same, although otherwise defective.
And if any purchaser shall insist on any objection or requi-
sition which the vendors shall consider themselves unable,
or, on the ground of expense or for any other reason which
the Judge shall consider sufficient, shall decline to remove or
comply with, the vendors, with the sanction of the said Judge
shall, notwithstanding any intermediate negotiation, be at
liberty, by notice in writing signed by their solicitor, to
rescind the contract upon such terms, in all respects, as the
said Judge shall be pleased to direct.

VIII. The abstracts of title shall commence with the leases
under which the premises respectively are held (the same
being underleases), dated respectively the 18th, 19th, 20th,
and 21st days of, &c., and the lessor being in each case
Mrs. M. A.

IX. The purchasers respectively shall not require the pro-
duction of, or investigate the title of the lessor, or any title
prior to or other than the leases under which the property
described in the particulars is held by the vendors, and all

278 PKECEDENTS.

such leases shall be deemed valid and well granted. And
inasmuch as the originals or copies of all the leases above
referred to will be produced and may be seen at any time
prior to the day of sale at the office aforesaid the purchaser
shall be deemed to have full notice of their respective con-
tents. And as respects each lot, the production of the receipt
for the rent which last accrued due under the lease thereof
above-mentioned or satisfactory evidence of the payment of
such rent shall be accepted as conclusive evidence that all
the covenants and conditions of such lease, as well as of any
prior or superior lease or leases, have been fulfilled, or all
breaches (if any) of such covenants and conditions or any of
them (whether appearing by the abstract, or otherwise, or
not) effectually waived down to the time of completion of the
purchase, including the int» rval between the contract for
sale and such completion, and that the said lease is then
valid and subsisting, and no evidence shall be required of
the fact of the parties receiving such rent being entitled so
to receive them. And no objection or requisition shall be
made in respect to the fact (should it be one) of such superior
leases or any of them having comprised other property under
a joint liability to rent and covenants.

X. All facts or matters admitted, proved, or proceeded on
in the above-mentioned suit of M. v. B., or certified by the
Chief Clerk of the Judge to whose Court that suit is attached
shall be deemed thereby conclusively evidenced, and no
objection or requisition shall be made on the ground of the
absence or imperfection of any covenants for title or cove-
nants for production of muniments of title.

XI. As respects any deed, will, or other document which
may not have been registered or properly registered in the
county register the same shall (if practicable) be registered
or re-registered at the expense of the purchaser requiring
the same, but no purchaser shall make any other requisi-
tion or objection founded on the fact of such non-registration,
or insufficient registration, nor shall the completion of the
purchase be delayed with a view to such registration or
re-registration.

CONDITIONS OF SALE. 279

Xn. Every purchaser shall admit the identity of tl'e pro-
perty purchased by him with that comprised in the muui-
ments offered by the vendors as the title to such property
upon the evidence afforded by a comparison of the descrip-
tions in the particulars and muniments, and of a declaration
to be made (if required) at the purchasers' expense that the
purchased property has been enjoyed according to the title
abstracted since the date of tbe lease above referred to under
which the same is held.

XIII. Every lot is believed and shall be taken to be cor-
rectly described as to quantity and otherwise and is sold
subject to all chief and other rents, rights of way and water,
and other easements (if any) charged or subsisting thereon,
and if any error, misstatement, or omission in the particular
be discovered, the same shall not annul the sale, nor shall any
(compensation be allowed by the vendors or purchaser in
respect thereof.

XIV. Lots 1 and 2 appear to have been mortgaged in
the year 1866 to persons who are described as trustees ior
the National Bank. These mort^^ages were paid off or dis-
charged in the year 1867. It shall be assumed (as is believed
to be the fact) that the parties receiving and giving dis-
charges for the mortgage moneys were competent so to do,
and no abstract, copy, or extract of or from any deed of settle-
ment or other documents of or relating to the said bank or
the constitution thereof or the appointment of the trustees
sliall be required.

XV. As respects those lots which are not in hand the pur-
chasers shall be satisfied with such evidence of the terms of
the tenancies as the vendors may be able to adduce. And
the expense of stamping or re-stamping any unstamped or
iusuflBciently stamped tenants' agreements or duplicate
thereof shall be borne by the purchaser requiring the same.
And the purchasers shall also be deemed to buy with full
notice of the tenants' rights (if any) to fixtures and of the
state of the different lots as respects repairs, insurance (if
any) and all other matters.

XVI. If any purchaser may, consistently with tliese con-

280 PRECEDENTS.

ditioDS, require and shall require an abstract or the produc-
tion of any document not in the possession of the vendors, or
any office, attested, or other copy of or extract from any docu-
ment whether in their possession or not, and whether for the
purpose of verifying the abstract or of accompanying or com-
pleting the title or otherwise, or any affidavit, statutory
declaration, certificate, or other evidence not in the vendors'
possession as to identity of parcels or any other matter, or
any further evidence or information as to the suit of M. v. B.
than a print of the bill and an abstract of the order for sale,
the expense of complying or endeavouring to comply with
any and every such requisition, including the expense of
obtaining a conveyance or vesting order of or as to any legal
estate and any administration shall be 'borne by the pur-
chaser, and the purchaser shall bear the expense of tracing
and getting in all outstanding legal estates (if any) and of
stamping or re-stamping any unstamped or insufficiently
stamped muniments of title should any such there be (which
however is not known or believed to be the case) and of all
searches, inquiries, and journeys for the above purposes or
any of them.

XVII. No purchaser shall require from any conveying
party any further or other covenant than a covenant that
such party has not incumbered, nor require for any purpose
the concurrence of any person in respect of any equitable or
beneficial interest bound by the order of sale, nor require the
production of any abstract or copy of any documents relating
solely or so far as the same only relate to any interests so
bound, whether such documents are or are not stated in the
said bill, nor require any decree or order^to be enrolled.

XVIII. Such of the deeds and muniments of title in the
possession of the vendors as relate exclusively to any of the
lots and have not already been covenanted to be produced
will, upon completion of the sale of the lot or lots to which
the same relate, be delivered over to the purchaser of the
lot, or as the case may be, the largest purchaser in value of
the luts to which the same relate, but every purchaser to
whom any deeds or muniments relating to other lots or

CONDITIONS OF SALE. 281

another lot shall be so delivered, shall, if required in that
behalf, enter into a covenant for the production of all or any
of the same deeds and muniments with the purchasers or
purchaser of such other lots or lot, any such covenant to be
determinable upon the deeds or muniments to which the
same relate being parted with to any person or persons
undertaking to enter into a like covenant with the person or
persons then entitled to the benefit of the original covenant,
and every such covenant, whether original or substituted, to
be prepared by and at the cost of the covenantee, who shall
also pay the expenses attending its perusal and execution by
and on behalf of the covenantor and all other necessary parties
(if any), and no purchase shall be delayed with a view to
giving or procuring such covenant. In the meantime the
vendors will retain such deeds and muniments and will pro-
duce the same, and also such deeds and muniments as do
not relate exclusively to the said lots or any of them, or
which have already been covenanted to be produced to any
other person by the vendors or any person through whom
they claim, to and at the expense of the several purchasers,
but will not enter into any covenant in relation thereto.
The vendors, however, reserve the right of making, with the
approval of the Judge, any substituted or other arrangement
in respect of the muniments of title or any of them.

XIX. Each purchaser is under an order to be obtained by
him, or in case of his neglect by the vendor, at the cost of
the purchaser, upon application at the Chambers of the said
Judge, to pay the amount of his purchase-money, after
deducting the amount paid as a deposit, into Couit to the
credit of the cause, M. v. B., 1879, M. 3, proceeds of mort-
gaged property, Nos. 5, 6, 7, and 8, D. V., on or before the
[date], and if the same is not so paid then the purchaser is
to pay interest on his purchase- money at the rate of £5 per
cent, per annum, from the said [date], to the day on which
the same is actually paid, deducting property tax. Upon
payment of purchase-money in manner aforesaid the pur-
chaser is to be entitled to obtain poseession or to the rents
and profits as from the said [date], down to which time all

282 rRFCEDENTS.

outgoings are to be paid by the vendors, and if necessary
such rent and outgoings shall be apportioned between the
vendors and purchasers.

Lastly. If the purchaser shall not pay his purchase-
money at the time above specified, or at any other time
which may be named in any order for that purpose, and in
all other respects perform these conditions, an order may be
made by the said Judge upon application at Chambers for
the resale of the lot purchased by such purchaser, and for
payment by the purchaser of the deficiency (if any), in the
price which may be obtained from such resale, and of all
costs and expenses occasioned by such default.

XLV.

Conditions of Sale incorporating the Common Form
Conditions of the Birmingham Law Society.

1. These condons shall be deemed to incorporate the
common form condons of the Birmingham Law Society,
a copy whof is hrto annexed, and the same shall be con-
strued together, and if there be any variance or incon-
sistency between the provons of these condons and the
common form condons, the provons of these condons shall
prevail. The expression " the vendor " and *• the purchaser "
shall apply as well to one pson (including a corporation) as
to several psons. The expressions "the auctioneer" and
" the vendor's solr " shall mean the pson or psons or firm
named in these condons as resply filling those offices. The
expression " the parlars " shall mean the parlars of sale,
and shall include the plan (if any). Words importing the
masculine gender shall be deemed to include the feminine,
and the singular shall be deemed to include the plural.

2. The auctioneers are, &c.

3. The vendor's solr is, &c.

4. The ppty is sold subject to all rights of way, water,
light, and other easements, including, &c.

CONDITIONS OF SALE. 283

5. The deposit shall be at the rate of £10 per cent, upon
the pche money.

6. The pche shall be completed on [date], at the office of
the vendor's solr, situate at, &c.

7. The abstract shall be delivered or sent by post to the
pcher or his solr on or before the [date].

8. Objections and requons on the title shall be sent within
fourteen days from the delivery of the abstract, and all
further objections and requons arising out of the replies to
any former requons shall be sent within seven days from the
delivery of such replies.

9. The draft assurance shall be sent to the vendor's solr
ten days, and the draft and engrossment three days, before
the day named for completion.

10. The title shall commence, &c.

[Here insert any special conditions that may he necessary.
Then willfoUoiv the

Common Form Conditions of the Biemingham Law

Society.^

1. The vendor reserves to himself the following rights,
viz. (1) A right to bid by himself or his agent; (2) A right
to withdraw the ppty from sale either in the event of a dis-
puted bidding or without offering the same for competition
or declaring the reserve price (if any) ; (3) A right to
arrange the ppty in other lots than those shewn in the
parlars, and to consolidate two or more lots into one.

2. The amount of each bidding shall from time to time
be prescribed by the auctioneer, and no bidding shall be
retracted ; subject to the rights hrinbefre reserved to the
vendor the highest bidder shall be the pcher, and if any
dispute shall arise concerning a bidding the auctioneer, whose
decision shall be iinal, shall determine the same.

3. The pcher shall immediately after the sale pay to the
vendor's solr, in the character of stakeholder for both parties,
a deposit of £10 per cent, upon the amount of his pche

^ These conditions are copyright, and are printed here by permiaaion of
the Committee of the Birmingham Law Society.

281 PEECEDENTS.

money, and also sign an agreement acknowledging himself
to be the pcher subject to the condons of sale, and under-
taking to complete the pche at the time and place named in
the Condons. The pche shall be completed at the time and
place named in the condons of sale, and if from any cause
whatever, other than the wilful default of the vendor or his
capricious refusal to deduce a title or assure the ppty, the
pcher fails to complete his pche at such time and place, he
shall pay to the vendor interest on the balance of the pche
money, and also on the value of the timber upon the ppty
purchased by him if by the condons of sale such timber is
to be taken at a separate price after the rate of £5 per cent.
per ann from that time until completion ; or if the delay iu
completion arise from the default of the vendor (not beiug
wilful on his part or a capricious refusal by him to deduce a
title or assure the ppty)uutil the pcher shall appropriate the
balance of his pche money for the purpose of completing the
purchase, and shall give notice in writing of such appropria-
tion to the vendor or his solicitor ; but this stipulation shall
not affect the provons of the 10th of these condons. Upon
completion of the pche the vendor and all other necessary
parties (if any) shall, by a proper assurance to be prepared
by and at the expense of the pcher, convey or assign the
ppty to the pcher or as he may direct, the draft of such
assurance being submitted to the vendor's solr for perusal
and approval, and the engrossment sent to him for exon on
or before the respive dates named in the condons of sale.
The rents or posson will be received or retained, and the
outgoings discharged by the vendor up to the time appointed
for completion, all current rents and current outgoings up to
that date being, for the purposes of this stipulation, appor-
tioned between the vendor and pcher, such apportionment iu
case of dispute being made by the auctioneer, whose decision
shall be final. As from the time appointed for completion
the rents or posson shall belong to the pcher, but (unless
orwise provided by the condons of sale) he shall not be let
into the actual posson or receipt of the rents until the com-
pletion of the pche.

CONDITIONS OF SALE. 285

4. A tree, incumbrancer, or other pson who sells or concurs
in any assurance merely iu a fiduciary capacity shall only be
required to enter into the usual covenant that he has not
incumbered.

5, The vendor shall, by the time named in the condons of
sale, deliver or send by post to the pcher or his solr an
abstract of his title to the ppty, and any limitation of the
title to be deduced by such abstract shall be named in the
condons of sale, but no pcher of two or more lots held wholly
or partially under the same title shall be entitled to more
than one abstract of the common title except at his own
expense. No earlier title than is named in the condons
of sale as the commencement of the title shall be required by
the pcher, nor shall he be entitled to make any objection
whatever in respect of any earlier title or in respect of any
deed or matter prior to the date of the deed forming the
stipulated commencement of the title, notwithstanding that
he may have notice of such earlier title, deed, or matter by
recital or orwise. No objection shall be made by the pcher
on the ground of any existing covenant for the prodon of
muniments of title not running with the land, or being in
cases of trees or incumbrancers covenanting personally bind-
ing upon them and their representatives so long only as they
liave the actual custody of the muniments of title covenanted
to be produced. Where the ppty sold is subject to any in-
cumbrance, the vendor shall not be obliged to pro<ure a
release thereof by a separate instrument, nor to make any
allowance to the pcher on account of the assurance being
increased in length or rendered complicated by the incum-
brancer joining therein. The pcher of two or more lots held
under a common title shall, if he so elect, be entitled to
several assurances of such lots. All recitals or statements iu
any abstracted muniment of title twenty years old and
upwards shall be considered conclusive evidence of the
matters or things stated, recited, or noticed therein or to be
implied thrfrom. The vendor shall, at his own expense,
verify the title by the prodon of all such muniments and
evidences of title as are in his pcsson or power, and give to

286 PEECEDENTS.

the pcher all such information relative thereto as is within the
knowledge of the vendor, the expense incurred by the pcher
with reference to the examination by him of any deed, will,
or muniment of title, whether in the posson of the vendor or
produced by any incumbrancer or under covenant for prodon
or orwise, and of all journeys for such purpose, as also the
expense of making and obtaining any official, attested, or
other copies of deeds, wills, or other muniments of title,
whether in the vendor's posson or not, whether required for
verification of the abstract or completion of the pche, shall
be borne by the pcher.

6. Where the ppty is of leasehold tenure the title of the
lessor named in the lease (whether original or derivative)
which by the condons of sale is made the root of title, shall
be considered as admitted without the same being deduced or
inquired into. The receipt for the last payment of ground
rent accrued previously to the completion of the pche shall
be accepted by the pcher as conclusive proof that the rent
reserved by, and the covts and condons contd in, as well
the original lease as the derivative lease (if any) under which
the ppty is held, have been paid and performed up to the
time of the completion of the pche, or that any breaches of
such covts and condons to that time have been waived, and
no evidence shall be required as to the right of the pson by
or on whose behalf such receipt was given to receive the rent
thrin expressed to be paid. The lease, whether original or
derivative, by the condons of sale made the root of the title,
or a copy throf, shall be produced, and may be examined at
the office of the vendor's solr at any time between the hours
of 10 A.M. and 4 p.m. on the three days immediately pre-
ceding the day of the sale, and shall also be produced at the
time of sale, and the pcher, whether he examines the same
or not, shall be deemed to have bought with notice of the
covts and condons thrin contd.

7. Such of the muniments of title as relate exclusively to
any two or more lots mentioned in the parlars if all such
lots be not sold, and also such of the muniments of title as
relate to any lot or lots mentioned in the parlars, and also

CONDITIONS OF SALE. 287

to other ppty belonging to the vendor, shall be retained by
him. Such of the muniments of title as relate exclusively
to any one lot shall be delivered to the pcher of that lot,
and such as relate exclusively to any two or more lots men-
tioned in the parlars, shall, on the completion of all the
pches to which the same relate, be delivered to the largest
pcher in value, whether he buy at the present sale or pre-
viously or subsequently thrto. Every pson having the cus-
tody of muniments of title under this condon shall enter into
the usual defeasible covt for the prodon thof to every pcher
of ppty comprised in such muniments of title who shall
require the same. Such covt shall be prepared by and at the
expense of the covenantee, but the covenantor shall bear the
expense of the perusal on his part and of the execution thruf
by him. Where a vendor or other pson being a tree or
incumbrancer, or orwise acting in a fiduciary capacity, enters
into such covts, the same shall be qualified so as to be person-
ally binding upon him and his representatives so long only
as he or they retain the actual custody of the muniments of
title comprised thrin.

8. Within the time limited by the condons of sale the
pcher shall send to the vendor's solr a statement in writing
specifying the objections and requons (if any) to or in
respect of the title or the evidence throf wch the pcher may
be entitled to make consistently with these condons and the
condons of sale, and in default of such objections or requons
(if none), and subject only to such (if any), he shall be
deemed to have accepted the title, and time shall in this
respect be considered as of the essence of the contract, and
for the purpose of any objection or requon an abstract shall
be deemed to be perfect if it supply the information suggest-
ing the same, although orwise defective. And if the pcher
shall insist on any objection or requon (not being a claim
for compensation falling within the 9th of these condons)
wch the vendor shall be unable, or on the ground of expense
shall decline to remove or comply with, the vendor shall,
notwithstdg any intermediate or pending negotiation, or any
litigation which the pcher may have commenced, or any

288 PRECEDENTS.

attempt to remove or comply with such objection or requon,
be at liberty, by notice in writing signed by him or his solr
and delivered to the pcher or his solr, to rescind the contract
with such pcher unless within ten days after delivery of such
notice the pcher shall, by notice in writing signed by him or
his solr, withdraw such objection or requon, and upon such
rescission the pcher shall be entitled to receive back his
deposit-money, but without interest, costs of and incident to
the investigation of the title, or other compensation, except
costs of suit allowed by the Court on any litigation.

9. If any error, misstatement, or omission in the description
of the ppty by the parlars be discovered, the same shall not
annul the sale, but if pointed out before the completion of
the pche, and not orwise, shall form the subject of compen-
sation, such compensation to be allowed by the vendor or
pcher as the case may require, and the amount throf to be
settled by the auctioneer, whose decision shall be final.

10. Should the pcher neglect or fail to comply with any
of the Condons of sale or of these condons,his deposit-money
shall be forfeited to the vendor, who without being obliged
previously to tender an assurance to the pcher, shall be at
liberty to resell the ppty bought by him either by public or
private sale, and with or without any special or other condons
as to title, evidence of title, expense, or orwise, and at such
time and generally in such manner as the vendor may think
fit, and the deficiency in price (if any) on such second sale,
together with all charges attending such second sale, shall
be made good by the pcher at this present sale, and shall be
recoverable from him by the vendor as and for liquidated
damages.

CONDITIONS OF SALE. 289

VARIOUS SPECIAL CONDITIONS.^

I. As /O AUCTIO-NEER JlXm£- Am02mt of hV)SIK^Q,E?>.

The auctioneer shall before commencing the sale of each lot
fix the advance to be made on each bidding in respect of
that lot, and no person shall retract a bid.^

1. As to Will being Root ^ Title.

The abstract of title shall commence as to lots 3 and 4
with a devise expressed in general terms (but with reference
to the locality) in the will dated, &c., and proved in the
following year, of A. B., the testator in the cause, whose
seisin in fee shall be presumed.

3. As to Commencement of Abstract of Freehold
and Leasehold Property, and a Freehold Rent-
charge.

The title to all the freehold property shall commence with
certain indentures of lease and release dated respectively,
&c. The title to lot 8 shall commence with the will of
A. B., dated tlie &c. (by which will the rent-charge was
created), and no earlier title shall be required ; and the title
to lot 4 shall commence with the lease under which it is held,
and the purcliaser of such lot shall not be entitled to the
production of, or to inquire into, or on any ground to object
to, the title of the lessors in such lease, whether appearing
thereby to be I'reeholders or only leaseholders, nor shall any
objection be taken, or any indemnity required, in consequence
of such lot being, together with other property, subject to
any superior or other ground rents or covenants ; and the

^ These conditions are intended for insertion among the forms of general
conditions previously given, in cases where they are resjDectively applicable.

^ Sometimes the conditions fix the amount of each advance ; but where
there are several lots of varying size and value this form of condition is
preferable.

290 PRECEDENTS.

production of the last receipt for the rent reserved by the
lease shall be deemed conclusive evidence of the satisfactory
performance and observance of all the lessee's covenants in
the leases np to the lime of the completion of the purchase
oi such lot, including the interval between the contract and
completion, and a waiver of all breaches of covenant (if
any), and of all right of entry consequent upon any such
breaches.

4. As to Root of Title of Land originally acquired
by a Parish.

In the year 1870 the vendor bought the property and now
sells it subject to the following condition, namely, that it
was acquired by the parish in or about the year 1856 in or
by way of exchange for other parish property near X , given
up by the parish. A statement of facts collected from the
entries in the vestry and other parochial minute books, and
from the court rolls of the manor of Y., relating to the pro-
perty, with a copy of the opinion of counsel thereon as to the
power of the parish to sell the premises, may be seen by the
purchaser before the sale, at the office of Messrs. A. B. & Co.
at &c. ; and a copy of such statement and opinion will be
furnished to the purchaser if required, at his or her expense,
but the purchaser must accept the title of the parish thereto
without further investigation, and without requiring the
vendor to give any further evidence or proof of title what-
ever, or proof of any statement contained in the case sub-
mitted to counsel as aforesaid ; and the abstract of title to
be furnished by the vendor shall commence with a convey-
ance from the guardians, churchwardens and overseers of the
parish of X., dated &c , and such shall be accepted as suffi-
cient root of title to the premises, without it being incumbent
on the vendor to abstract, produce, or verify any earlier
muniments or facts of title, whether recited or otherwise
noticed or not in the abstracted documents, the purchaser
being bound not to investigate or object to the earlier title.

CONDITIONS OF SALE. 291

5. As to Evidence of Intestacy and Heirship.

The purchaser shall accept as sufficient evidence that A. B.
(who in [date] sold and couveyed the premises to a purchaser
in fee) was heir-at-law of C. B. (letters of administration to
whose effects were granted in [_date] to X. Y. and the said
A. B.) a dof'ument in the vendor's possession, purporting to
be an affidavit of X. Y. (therein noticed to be the half-
brother of the said A. B.), sworn before a master extraordi-
nary in Chancery in or about the same year; and every
recital or statement in a deed, will, or other document of
title, dated twenty years or upwards prior to the day of sale,
shall be sufficient evidence of the instrument or matter
recited or stated ; and neither the production nor a covenant
for the production of any such instrument shall be required.
The purchaser shall not require any further or other evi-
dence relating to the suit of A. v. B. than a short statement,
to be contained in the abstract, of the decree, certificate,
and order of sale, and shall assume that such order is in
all respects regular and binding.

6. As to Accepting Vendor's Title.

The pcher of lot 3 shall take it with the title under which
it is now held by the vendors. An abstract of this title will
be produced, and may be seen at the office afsd at any time
prior to the day of sale.

7. As to Title being considered not marketable.

If the counsel for the purchaser shall, on the examination
of the title, be of opinion that a good title and conveyance
cannot be made of the purchased premises within the time
limited by these conditions, in that case these conditions
shall be at an end, and the purchaser shall be entitled to a
return of the deposit, without interest or costs.

U 2

292 PKECEDENTS.

8. As to Short Abstracts for small Lots.

As respects any lot the pche-money of wch will not exceed
£100, the pcher, except at his own expense, shall be entitled
only to a short abstract commencing with the will of the tes-
tator [in tlie cause] : but such pcher may, at his own expense,
have an abstract of such prior title (if any) as he would be
entitled to an abstract of in case his pche-money exceeded
£100. The vendor, however, will furnish to the pcher of any
lot the pche-money of which is not more than £100 a con-
veyance of such lot in a short form settled by [the Judge in
Chambers and] at a cost of £2 2s. for each conveyance ex-
clusive of the stamp duty, [and also exclusive of the costs
of obtaining tlie order for the pa}ment into Court of the
pche-money by the pcher].

In every case where, under the previous condons, the pcher
may, if he pleases, have an abstract of the prior title at his
own expense, such option, if exercised by liim, shall be so
exercised by his leaving a notice in writing to that effect at
the office afsd within seven days after the delivery of such
abstract as under these condns he is entith^d to at the vendor's
expense ; such notice to be signed by the pcher, and to contain
an undertaking to receive such abstract of prior title and to
pay on delivery for the same.

9. As to Loss of Mesne Assurance.

An indre whrby A. B., one of the original lessees, is believed
to have released his interest in the property to Ids co-lessees,
C. D. and E. F., cannot now be found, and the vendors have
no office, attested, or other copy of such deed. The vendors
will (if required) make or obtain a statutory declon that for
upwards of twenty years prior to the day of sale the rents of
the ppty have been received by the vendors or the psons
through whom they claim, and the pcher shall presume that
the interest of the said A. B. was duly assured to the said
C. D. and E. F., and that the legal estate in the property
was on the \daie?\ vested in the said E. F. {the survivor) alone.

CONDITIONS OF SALE. 293

lo. As to Surrender of Old Lease.

The purchaser shall not be entitled to require the vendors to
procure the surrender of a lease for twenty-one years from
October, 1858, of certain part of the property, but shall be
satisfied with the produntion of the original lease and an
agreement (which was confirmed by the Court of Chancery)
for the assignment of such lease.

II. As to Age of Cestui que vie.

The lease of the 12th of February, 1877, is determinable on
the death of the lessor or of a lady now aged eiglity-two, and
the whole of the property will, after the death of such lady,
be held under the lease of the 22nd of March, 1877. The
statement of the age of such lady in the first-mentioned lease
shall be conclusive evidence of her a^e.

12. As to Original Lease comprising Other
Property.

The property now offered for sale is subject, along with other
tenements, to the rent and covenants reserved and contained
in the original demise of the entire premises, dated &g.,
granted by A. B to C. D. and others, but the purchaser shall
not require any evidence of the discbarge of the premises
hereby offered for sale from the said rent and covenants, nor
make any requisition or objection as to the same not being
sufficiently secured by the other part of the premises charged
therewith, neither shall the purchaser require any indemnity
in respect of such rent and covenants, nor be entitled to any
evidence as to whether the covenants comprised in sucii
original lease have been observed and performed.

13. As to Underlease taking effect as Assignment.

In tlie years 1865 and 1860 respectively the testor pur[)ortod
by four several indres to demise a portion of lot 4, and the

294 PKECEDENTS.

whole of lot 5, for the whole residues of the terms for which
he held the same resply at the rents stated in the parlars. It
is apprehended that such indres operated as assignments, but
it is believed that the rents thrby resply reserved have been
duly paid since the dates of the said indres resply, and the
purchasers of these lots sliall not make any objection or
requon in respect of the matters afsd.

14. As ^0 Underlease operating as Assignment.

The original lease comprised the adjoining hdts hrinbefre
referred to at an entire rent of £ per annum, under a

joint liability to rent and covts.

By an indre dated &c. (and which was probably intended
to take effect as an underlease) A. B., in whom the entire
property comprised in the original lease was then vested,
demised such adjoining hdts to W. X. at the rent of £30 per
annum, and for a term which (as is supposed) was intended
to terminate ten days prior to the determination of the ori-
ginal lease, but which in fact will not terminate by effluxion
of time until nearly three months after that date.

It is considered that such indre operated as an assignment
of the said adjoining property for the residue of the said term
granted by the original lease, and at a rent of £30 per annum
secured by the covt of the said W. X., but without any re-
version being left in the said A. B. The purchaser shall be
entitled to an assignment of such rent, with the benefit of
such remedies for the recovery of the same as the vendors are
able to confer, and shall not make any objection or requisition
in respect of any of the matters referred to in this condition.

15. As to Breach ^Covenant to Assign without
Licence.

The lease contains restrictions against alienation without
licence of the wardens and keepers of London Bridge and
the clerk comptroller of the works and revenues of the same

CONDITIONS OF SALE. 295

bridge first bad and obtained, and also requires that all deeds
of alienation should be prepared by the comptroller. Some
of the original lessees have released or assigned their interests
in the ppty to their co-lessees, and certain tenancy agreements
relating to the ppty have from time to time been executed.
No licences in respect of such instruments have, in fact, been
obtained. The pcher shall not make any objection or requon
on account of such licences not having been obtained, nor in
consequence of any instruments relating to the ppty not ap-
pearing to have been prepared by the comptroller. It is
believed that a licence will not be refused in the case of a
sale to a pcher of known respectability. Should it, however,
be refused in the case of the pcher at the present sale, the
vendors shall be at liberty to rescind the sale upon payment
to the pcher of his deposit, but without interest, costs, or
compensation of any kind.

1 6. As to Mortgage to Trustees for a Bank.

Lots 1 and 2 appear to have been mortgaged in the year
1866 to persons who are described as trees for the X. bank.
These mortgages were paid off or discharged in the year
1872. It shall be assumed (as is believed to be the fact),
that the parties receiving and giving discharge for the
mortgage moneys were competent so to do, and no abstract,
copy, or extract of or from any deed of settlement or other
documents of or relating to the said bank or the constitution
thereof or the appointment of the trees shall be required.

17. As to Rents y^r Easement.

The Co has recently opened certain windows through a wall
on the nortli-west side of the property (which wall belongs
to the owners of the adjoining ppty), and have also passed
certain bolts and supports for a boring machine through the
same wall. The conveyance to the Co contains a reservation
of a rent of 20s. per annum in respect of these matters, and

296 PRECEDENTS.

a reservation of a right for the adjoining O'vners to interfere
with the access of light to such windows, and also certain
covts relating to the user of the sd wall by the Co, The
pcher shall not be entitled to make any objections orrequons
in respect of these matters, and inasmuch as the originals or
copies of the conveyance above referred to [and of the above-
mentd lease of [date], and of the lease by which the ground
rents referred to in the parlars are reserved], will be produced
and may be seen at any time prior to the day of sale at the
office afsd, the pcher shall be deemed to have fall notice of
their respive contents.

1 8. As to Identity and Change of Name.

The purchaser shall admit the identity of the property with
that comprised in the muniments offered by the vendors as
the title to such property upon the evidence afforded by a
comparison of the descriptions in the particulars and muni-
ments and of a declon to be made (if required) at the pcher's
expense that the property has been enjoyed according to the
title for twenty years prior to the day of sale. The ppty
was formerly known as No. 5 A. Koad, and is now known as
No. 115 0. Road, and the pcher shall be satisfied with such
evidence of the change of name as the vendors may be able
to adduce.

19. As to Tenancies.

The purchaser shall be satisfied witii such evidence of the
terms of the tenancies as the vendors may be able to adduce,
and shall be deemed to buy with full notice of the tenants'
rights (if any) as to fixtures and of the state of the property
as respects repairs, insurance (if any), and all other matters.

20. As to the Mortgagee not joining in Leases.

No objection shall be made by any purchaser of that part of
tlie property now sold, which may be subject to leases or

CONDITIONS OF SALE. 297

agreements granted or made by the vendor's testator, on
account of such leases or agreements, or any of them, being
liable to be defeated by reason of the mortgagee not having
joined in the granting snch leases or agreements, all of which
will be delivered to the purchasers.

21. As ^0 Cost o/ Certificates and other Evidence.
(Short Form,)

The purchaser shall bear the expense of procuring all certi-
ficates of birtlis, deaths, and marriages, and all declarations
and other evidence which he may require for the purpose of
verifying the title the abstract or otherwise, and of all
searches, inquiries, and journeys for the above purposes or
any of them.

22. As to Copyholds being distingtdshed from
Freeholds.

The purchaser of lot 1 shall assume that the copyholds
comprised in the admittance of \djaie\ form part of that lot;
and he shall make no objection founded on any want of
apparent identity, nor require the vendors to shew which
portion of such lot is the freehold or copyhold portion
resply.

298 PRECEDENTS.

CONVEYANCES AND ASSIGNMENTS.

(a) COMPLETE FORMS.

XLVI.

Conveyance of a Plot ^Freehold Land by Owner
IN Fee — Concise Form.

This Indre made &c., between A. B., of &e., of the one part
and C. D., of &c., of the other part, WITNESSETH, that in con-
son of £50 to the sd A. B. paid by the sd C. D. (the receipt
whof is hrby acknldgd), the sd A. B. grants to the sd C. D.
and his hrs the hdts described in the schedule hereto and
delineated on the plan drawn hereon [Together with all
rights, easements, and appurts thereto in fact or by reputa-
tion belonging. And all the estate and interest of the said
A. B. thru.],^ to hold the prems unto and to the use of the sd
C. D., his hrs and assns ; And the sd A. B. covts with the
sd C. D., his hrs and assns, that [notwithstanding any thing
by tlie sd A. B., done, omitted or knowingly suffered, he has
power to grant the prems to the use afsd. And tliat] ^ the
same shall henceforth be quietly enjoyed accordingly free
from incumbrances and interruptions by the sd A. B.
And that the sd A. B. and every person claiming through
or in trust for him will, at all times, at the cost of the pson
requiring the same, execute and do every such further assce
and act for better assuring the prems to the use of the sd
C. D,, his hrs and assns, as by him or them shall be reason-
ably required.^

In Witness whof the parties hereto have hereto set their
hands and seals the day and year first above written.

^ The words in brackets may be omitted where extreme brevity is
desired.

^ Add covenant fur production of deeds if necessary, see p. 305.

CONVEYANCES AND ASSIGNMENTS. 299

The Schedule above referred to.^

A piece of land situate at the corner of High Road and
King's Lane in the parish of X., in the county of Y., con-
taining 100 square yards or thereabouts.

XLVII.

Conveyance of Freehold Cottage with Right to use
Ptimp — Very concise Form.

This Indee made &c. between A. B., of &c., of the one part
and C. D., of &c., of the other part :

Whas^ the sd A. B. (hrnftr called "the vendor") is seised
in fee free from incumbs of the hdts hereby granted and has
agreed to sell the same to the sd C. D. (hrinftr called " the
purchaser"), for the sum of £50.

Now THIS Indre WITNESSETH that in conson of £50 pd
by the pchr to the vendor (the receipt whereof is hrby
ackgd), the vendor hrby grants unto the pchr, his hrs and
asss, ALL THAT piece of land with the messe thron situate and
being No. 5, on the south side of X. Street, Y., in the county
of Z., contug in width fronting the sd street 18 feet, and
in the rear throf 22 feet, and in depth on each side throf
41 feet, ToGEE with all rights, easements, and appurts thrto
in fact or by reputation belonging [and in particular the
right to use the well and pump on the piece of land ad-
joining the said hdts on the west side throf, in common
with such other psons as are entitled to the use tbrof
subject to the pmnt of a fair proportion of the expense of
keeping the sd well and pump, and the machinery and
tackle throf in repair.] And all the este and interest of the
vendor in the preras To hold the prems hby granted unto
and to the use of the pchr, his hrs and assns.

* On the plan should be marked the dimensions of the property.

^ This recital is inserted in order that ihe conveyance maybe couclusive
evidence of the vendor's seisin after twenty years have expired, under
sect. 2 of the Vendor and Purchaser Act, 1874.

300 PRECEDENTS.

And the Vendor covts with the pchr, liis hrs and assns,
that notwithstanding anything by the ven lor done, omitted, or
knowingly suffered, the vendor has power to grant all the sd
prems to the use afsd.^ And that the same shall be quietly
enjoyed accordingly free from incumbs [and interruptions],
by the vendor. And that the vendor and every person
clainiino: through or in trust for him will at all times at the
cost of the pchr, his hrs or assns, execute and do all such
assces and acts for further assuring the prems or any part
throf to the use afsd as by him or them shall be reasonably
required.

In Witness, &c.

XLVIII.

Conveyance of Freeholds by Indorsement^ — Very

CONCISE Form.

This Indee made, &c., between the within-named A. 1>. of
the one part and C. L). of &c., of the other part,

WITNESSETH that iu conson of £60 pd by the sd C. D. to
the sd A. B. (hby ackngd) the sd A. B. grants unto the sd
C. D, and his hiv, all and singular the prems comprised in
and assured by the within-written indre. To hold the same
unto and to the use of the sd C. D., his heirs and assns.
And the ^-d A. B. [covenants for title as in Form l^hNll.,

^ The covenant for power to convey, although usually inserted, is of
very little (if any) practical value, and may be omitted where brevity is
an object.

"^ Freeholds are seldom (if ever) conveyed by an indorsed deed, although
leaseholds often are. In simple cases, especially where the same solicitor
acts for both parties, and therefore has the conveyance to the vendor in his
{losscssion, there seems no reason why this course should not be adopted.

CONVEYANCES AND ASSIGNMENTS. 301

XLIX.

Conveyance in Fee of Part of a Freehold Farm, a
'L^?>s'EE joining to Merge his Tei^ni — Full Form/

This Indee made, &c., between A. B., of &c., of the first part,
and C. D , of &c., of tlie second part, and E. F., of tl^c, of the
third part :

Whas the sd A. B. has agreed with the sd E F., for the
sale to him of the hdts hrinafr described, and the inhance
tlirof in fee simple in jjosson free from incumbs, at the price
of £3500.

And whas the sd hdts are part of a farm of which the sd
C. D. is tenant, under a lease dated &c., for a term which
will expire on the [date] and the sd C. D., at the request of
the sd A. B., has agreed to concur in these presents for tiie
ppse and in manner hrinafr appearing.

Now THIS Indee witnesseth that in pursce of the sd agreet
in this belialf and in eonson of the sum of £3500 upon the
exon of these presents paid by the sd E. F. to the sd A. B.,
with the privity and approbon of the sd C. D. (the receipt
&c.). He the said A. B. doth lirby grant and convey, and
at his request the S'i C. D., for the purpose of merging the
residue of the sd term in the hdts hrnafr described, doth
hrby assign and surrender unto the sd E. F., bis hrs and
assns.

All those fiells [sJwrt descri'ptioTh].

All which said fields or closes of land, are more particu-
larly described with their dimensions in the schedule hereto
and are delineated with the abuttals throf in the map drawn
in the margin of these presents and therein coloured pink,
the numlers in the said schedule referring to corresponding
numbers on the said map, togethee with all buildings,
erections, fixtures, commons, mines, minerals, hedges, ditciies,
fences, ways, waters, watercourses, liberties, privileges, ease-

^ This conveyance contains the full forms of general words and covenants
for title nsually inserted in conveyances of large i)ropcrties. 'I'hey are
considerably longer than there is any necessity for. Compare the two
previous forms.

302 PRECEDENTS.

ments, advantages, and appurts whatsoever to the said hdts
or any of them appertaining, or with the same or any of
them now or heretofore demised, occupied, or enjoyed, or re-
puted or known as part or parcel of them or any of them, or
appurtenant thereto, xlnd all the estate, right, title, interest,
property, claim, and demand whatsoever of them thesd A. B.
and C. D., and each of them, into and out of the same prms
and every part throf. [And particularly with full liberty for
the said E. R, his hrs and assns, and his and their agents and
tenants, and the owners and occupiers for the time being of
the hdts hby assured, and the servants and workpeople of him
and them resply, from time to time and at all times, for all
purposes, to go, return, pass and repass, with and without
horses, carts, waggons and other carriages, laden or unladen,
and also to drive cattle and other beasts in, through, along,
and over a certain road or way of four yards wide at the
least, to be forthwith laid out, levelled and formed by the sd
A. B., across the land of the sd A. B., in the course and direc-
tion shewn in the said plan, and thrn coloured brown].

To HAVE AND TO HOLD the Said fields or closes of land and
hdts, and all and singular other the prems hereby assured
unto the sd E. F. and his hrs, freed and discharged from the
residue of the said term of years,

To the use of the sd E. F., his hrs and assns, for ever.
And the sd A. B. doth hereby for himself, his hrs, exors,
and ads, covt with the sd E. F., his hrs and assns, that
notwithstanding an) thing by him the sd A. B., or any
pson through whom he derives title orwise than by way
of pche for valuable conson, done or knowingly suffered, the
sd A. B. and C. D. now have full power to assure all and
singular the sd pres by them hrby assured, to the uses hrin-
befre decld ; and that the same pres shall at all times remain
and be to the uses hrinbefre decld, and be quietly entered
into and upon, and held and enjoyed, and the rents and profits
thof reced by the sd E. F., his hrs and assns accordingly,
without any lav\ful interruption or disturbance by the
sd A. B., or any pson claiming or to claim through or in
trust for him, or through or in trust for any pson through

CONVEYANCES AND ASSIGNMENTS. 303

whom he derives title orwise than as afsd. And that free
and discharged from or orwise by the sd A. B., his hrs, exs,
or ads, snffly indemnified against all estates, incumbs, claims,
and demands created, occasioned, or made by the sd A. B.,
or any pson or psons through whom he derives title other-
wise than as afsd, or any pson claimiug through or in trust
for him, them, or any of them.

And further, that the said A. B., and every pson claiming
any estate, right, title, or interest in or to the said prems, or
any of them, through or in trust for the sd A. B., or through
or in trust for any pson through whom he derives title orwise
than as afsd, will at all times, at the cost of the sd E. F.,
his hrs or assns, execute and do every such lawful assurance
and thing for the further or more perfectly assuring all or
any of the sd pres to the uses hrinbefre deck! as by him or
them shall be reasonably required.

[And that the sd A. B., his hrs, exors, admors, or assns,
will at his and their own cost forthwith lay out, level, and
form, and afterwards at all times maintain and keep in repair
in a good, substantial and workmanlike manner, a road or
way of four yards wide at the least for the whole length
thof over and acioss the land of the sd A. B., in the course
and direction shewn and delineated in the sd plan, and thru
coloured brown.]

And he, the sd C. D., so far as relates to his own acts and
deeds, doth hrby for himself, his hrs, exors, and ads, covenant
with the said E. F., his hrs and assns, that he the sd C. D. has
not executed or done, or knowingly suffered, or been party
or privy to any deed or thing whrby or by reason or means
whrof the pres hrinbefre assured, or any of them, or any part
throf, are, is, or may be impeached, charged, affected, or in-
cumbered in title, estate, or orwise howsoever, or whrby
or by reason or means whrof he the sd C. D. is in anywise
hindered from assuring the same pres or any of them, or
any part throf in manner afsd.

Jn witness, &c.

304 PRECEDENTS.

Co-NVEYA^CEo/ Free/io/ds by Appointment ^;2rtf Grant,
with Covenant to produce Deeds — Concise Form.

This Indee, made &c., between A. B. {}\ie vendor) of &c., of
the one part, and C. D. {the purchaser) of &c., of the other
part : Whas by an indre dated &e., and made between Y. Z.
of the first part, the sd A. B. of the second part, and W. X.
of the third part, the hdts hrinftr described were assured
unto the sd A. B. and his hrs, to such uses as the sd A. B.
should appoint ; and in default of apptmt to the use of the
sd A. B. and his assns for lifn, with remr to the use of the
sd W. X. his exors and admors during the life of the sd
A. B., in trust for the sd A. B. and his assns, with remr to
the use of the sd A. B., his hrs and assns : And wlias the sd
A. B. has agreed with the sd C. D. for the sale to him of the
sd hdts, and the inhance thof in fee in posson, free from
iucumbs, at the price of [£500]. And whas the documents
specified in the schedule hereto relate as well to the hdts
hrnftr described as to other hdts of the sd A. B. Now this
Indee WITNESSETH, that, in conson of the sum of [£500] to
the sd A. B. paid by the sd C. D. on [or before] the exon
hrof (the rect whof the sd A. B. doth hrby aclmge), he the
sd A. B., in exercise of all powers enabling him in this behalf,
doth hrby appt that all and singular the hdts hrnftr described
shall henceforth go, remain, and be to the uses hriuftr
declared concerning the same : And this Indee also WIT-
NESSETH, that, for the consons afrsd, the sd A. B. doth hrby
grant and confirm unto the sd C. D. [purchaser] and his hrs,
all, &c. [parcels], together with all rights, easements, and
apprts thrto in fact or by reputation belonging, To hold
the sd hdts unto and to the use of the sd C. D., his hrs and
assus [And the sd C. D. doth hrby declare that no widow
whom he may leave shall be entitled to dower out of the sd
hdts] ;^ And the sd A. B. doth hrby for himself, his hrs,

1 This bars the wife's right to dower as against the heir of the purchaser
in the event of the latter dying intestate. It is a liarsh clause and its
insertion cannot be recommended.

CONVEYANCES AND ASSIGNMENTS. 305

exors, and ads, covt with the sd C. D., his his and assns,
that notwithstanding anything by the sd A. B. done, omitted,
or knowingly suffered, he the sd A. B. now hath full power
to assure the sd hdts in manner afsd [Covenant for quiet
enjoyment from Form XLVII. should he inserted here], free
from incumbs ; And that the sd A. B,, and every person
claiming [any estate or interest in the said hereditaments]
through or in trust for him will from time to time, at the
request and cost of the sd C. D., his hrs or assns, execute
and do every such further assurance and thing for better
assuring the sd hdts in manner afsd, as he or they shall
reasonably require : aud also will (unless prevented by fire
or other inevitable accident), at all times, upon the like
request and cost, produce and shew in England, as occa-
sion may require, the deeds and writings specified in the
schedule hereto, for the proof of the title of the sd 0. D.,
his hrs or assns, to the sd hdts ; and will, upon the like
request and cost, from time to time furnish to the sd C D.,
his hrs or assns, attested or other copies, abstracts, or ex-
tracts of or from the same ; and will, in the meantime, keep
the same safe, whole, and uncancelled.

Provided that in case the sd A. B., his hrs or assns, shall
deliver the sd deeds, evidences, and writings to any pchr
of the hdts to which the same relate, or any part throf,
and shall, at his or their expense, procure such pcher to
enter into a similar covt with the sd C. D., his hrs and assns,
to that lastly hrin-before contd, then the sd covt lastly
hinbfre contd shall cease and be void.^

In witness, &c.

^ This proviso cannot be insisted upon by the vendor without express
stipulation.

300 PRECEDENTS.

LI.

Conveyance in Fee by Mortgagor and Mortgagees
of Freeholds in the City of London in Mortgage
to the Trustees of a Loan Society.

This Indre, made &c., between A. B. of &c'. (hrnftr called
" the vendor ") of the first part, C. D. of &c., and E. F.
of &c. [mortffaffees], (trustees of the X. society established
and inrolled under the Friendly Societies Acts, and herein-
after called " the trees ") of the second part, and Gr. H.
of &c., of the third part: Whas the vendor being seised in
fee of the hdts hrinftr described, did by an indre dated &c.,
and made between the vendor of the one part and the trees
of the other part, in consideration of £1500 advanced by
them to him, demise to the trees, their successors and assigns,
the sd hdts [and which in the indre now in recital were by
mistake called No. 4, instead of No. 5, Y. Street] with the
appurts, to hold the same unto the trees, their succors, and
assns, for the term of 500 years, subject to a proviso for
redemption on payment by the vendor to the trees, their
succors, or assns, of £1500 : together with interest thon at
£5 per cent, per ann. as thru mentd : And whas the sd
G. H. has agreed with the vendor for the purchase of the sd
hdts, and the inheritance thereof in fee simple in possession,
free from incumbrances, for the sum of £3000 : And whas
there is now due to the trees under the hrnbfre-recited indre
the sum of £1000, all interest for the same having been
paid up to the date hrof ; and it has been agreed that the sd
sum of £1000 shall be pd to the trees out of the sd sum of
£3000: Now this Indre witnesseth, that, in conson of
£3000 upon the exon hrof by the sd G. H. pd, as to £1000
part thof, to the trees by the diron of the vendor (the receipt
whof the trees hereby acknowledge), and as to £2000 residue
thof to the vendor (the receipt whereof the vendor doth hrby
ackndge), he the said vendor doth hrby grant, and the sd
trees, by the diron of the vendor, do and each of them doth
hrby assign unto the sd G. H., his hrs and assns, all that

CONVEYANCES AND ASSIGNMENTS. 307

messge or tenement situate and being No. 5, X. Street, in
the City of London, together with all rights, easements, and
appurtes thereto in fact or by reputation belonging, or used,
occupied or enjoyed therewith, To hold the sd preras unto
and to the use of the sd G. H., his hrs and assns. And the
vendor doth hrby for himself, his heirs, exors, and admors,
covt with the sd G. H., his hrs and assns, that notwithstanding
anything by the vendor or the trustees [or any person through
whom the vendor derives title orwise than by way of pche
for valuable cons(m]^ done, omitted, or knowingly suffered,
the vendor and trees, or some of them, have or one of them now
has, power to assure the prems unto and to the use of the sd
G. H., his hrs and assns. And that the same prems shall
accordingly be quietly enjoyed by the sd G. H., his hrs or
assns, without interruption from the vendor [or any person
through whom he derives title orwise than as a purchaser for
valuable conson] ^ or any person claiming through or in
trust for him [or any such person as last afsd],^ free from
incumbrances ; and that the vendor and every person claim-
ing through or in trust for him [or through or in trust for
any such person as afsd],^ will from time to time, and at all
times hrftr, upon the request and at the cost of the sd G. H.,
his heirs or assigns, do and execute every such further assce
and thing for further or more perfectly assuring the prems
to the use of the sd G. H., his heirs and assigns, as by him
or them shall be reasonably required. And each of them
the trees doth hrby for himself, his hrs, exors, and admors,
covt with the sd G. H., his hrs and assns, that they the trees
resply have not done, or omitted, or been party or privy to
any act or deed, whby or by means whof the said heredita-
ments can or may be in any manner incumbered or prejudi-
cially affected, or whby or by means whof they are in anywise
hindered from assuring the same in manner afsd.
In witness, &c.

^ These words must be inserted where the vendor claims under a will or
settlement.

X 2

308 PRECEDENTS.

LII.

Conveyance Ui Fee by a Mortgagee under his
Power of Sale.

This Indee, made &c., between C. D. of &c., of the one
part, and C. K. of &c., of the other part : Whas by an indre
dated &c., and made between A. B. of the one part and
C. D. of the other part, in consideration of £ paid by the
sd C. D. to the sd A. B., the sd A. B. granted unto the sd
C. D. and his hrs the hdits hrnftr described [and intended
to be hrby granted], To hold unto and to the use of the sd
C. D., his hrs and assns, subject to a provo for reconveyance
of the sd hdts on payment by the sd A. B., his hrs, exors, or
adors, unto the sd C. D., his exors, adors, or assns of the sd
sum of £ with interest thron, on the [cZa^e]. And it was
thrby declared \^et out thepoiver of sale and receipt clause, and
clause protecting the purchaser from the necessity of inquiring,
&c., as in Form XCVIL, p. 895, i7ifra]. And whas the sd sum
of £ was not paid on the sd [date], and the same still
remains due to the sd C. D., together with an arrear of in-
terest thron : And whas the sd C. D. has agreed with the sd
C. K. for the sale to him of the hdts comprised in the sd
indre of mtge, and the inhance thof in fee simple in posses-
sion, free from incumbrs, for the sum of £ : Now this
Indee witnesseth, that, in condon of £ to the sd C. D.
paid by the sd C. K. on the exon hereof (the receipt whof
the sd C. D. doth hrby acknge), the si C. D. doth hrby grant
unto the sd C. K. and his hrs, all [parcels, general loords,
and " all the estate " clause]. To hold the sd hdts and prems
unto the sd C. K. and his hrs (freed and discharged from the
sd sum of £ and all interest due in respect of the same, and
all moneys secured by the hrinbfre-recited indre of mtge),
To THE USE of the sd C. K., his hrs and assns : And the sd
C. D. doth hrby for himself, his hrs, exors and adors, covt
with the sd C. K., his hrs and assns, that the sd C. D. has
not done, omitted, or knowingly suffered any thing whby or
by reason or means whof the sd hdts or any part thof are, is.

CONVEYANCES AND ASSIGNMENTS. 309

or can be in any manner incumbered or prejudicially affected,
or whby or by reason or means whof he is in anywise
hindered from granting the same in manner afsd.
In witness, &c.

LIII.

Conveyance in Fee by Tenants in Common of Undi-
vided Shares in Freehold Property zvith Covenant
that an Infant shall convey his presumptive Share
on attaining Majority.

This Indre, made &c., Between A. B. of &c., of the first part,
C. B. of &c., of the second part, and E. F. of &c., of the third
part :

Whas X. B. died on [date], seised in fee of the hdts hrnftr
described, having duly made his will dated &c., whrby he
devised all his real este in the county of Y. unto and to the
use of such one or more of his children as being male shd
attain the age of twenty-one years, and being female shd
attain that age or marry, and if more than one in equal shares.
And whas the sd X. B. had three children and no more,
namely, the sd A. B. and C. B,, who have both attained the
age of twenty- one years, and D, B. who attained the age of
nineteen years on the [date] last. And whas the sd A. B.
and C. B. have agreed with the sd E, F. for the sale to him
of the hdts hrnftr described for the sum of £3000, And whas
purst to an agreet in that behalf the sum of £1000, being
the pche-moy for the expectant undivided third part of the
sd D. B. of and in the sd hdts, has been invested in the joint
names of the sd A. B., C. B., and E, F. [specify the invest-
ment] and the sd A. B, and C, B. have agreed to enter into
the covts hrnftr contd.

Now THIS Indee witnth that in pur.sce of the sd agreet
in this behalf, and in conson of the sums of £1000 and £1000
now pd by the sd E. F, to the sd A, B, and C. B. resply, and
the sd sum of £1000 invested as hrnbfre recited (the rect

310 PKECEDENTS.

and investment of which sums of £1000, £1000 and £1000,
making togetlier the sd pche-moy of £3000, the sd A. B. and

C. B. hby ackuge), They the sd A. B. and C. B. do, and
each of them doth, hby grant and convey to the sd E. F. and
his hrs All those the two undivided third parts or shares
and all other the parts or shares, whether vested or contin-
gent, of them the sd A. B. and C. B. and each of them, of
and in All that [parcels, describing the property] Together
WITH [general ivorclsfrom Form XL VI. or XLIX.]

To HAVE AND TO HOLD the same prems unto and to the use
of the sd E. F., his hrs and assns.

And they the sd A. B. and C. B. do hby for themselves,
their hrs, exors, and ads ^ [covenants for title as in Form
XLVII or XLIX]

And also that the sd D. B. will, at the request and cost of
the sd E. F., his hrs or assns, when and so soon as the sd

D. B. shall have attained the age of twenty-one years, or at
any time thereafter, within twelve calendar months after
being thereunto required, execute and deliver to the sd E. F.,
his hrs or assns, a proper assce to him or them of the un-
divided third part or share of the sd D. B. of and in the sd
prems ; and also, that in case the sd D. B. shall die without
having attained the age of twenty-one years, or without
having signed, sealed, and delivered such assce as afsd, the
sd A. B. and C. B., their hrs or assns, will at any time after
such decease of the sd D. E. as afsd, and whenever thereunto
required by the sd E. F., his hrs or assns, and at the cost of
the pson requiring the same, execute such further assees for
better assuring the sd prems to the use of the sd E. F., his
hrs and assns, as by him or them shall be reasonably required.

And the sd E. F. doth hby for himself, his hrs, exors, adors,
and assns, covt with the sd A. B. and C. B., their hrs and
assns, that if the sd D. B. shall attain the age of twenty-one
years and execute such assce to the sd E. F. as afsd, the sd

E. F. will, upon the exon of such assc--^, concur with the sd

^ In an ordinary conveyance by tenants in common they would only
covenant as to tlieir respective undivided shares ; but in a case like the
present, each ought to covenant as to the entirety.

CONVEYANCES AND ASSIGNMENTS. 311

A. B. and C. B. in transferring the sd sum of £1000 so in-
vested as afsd into the name of the sd D. B., and that if the
sd D. B. shall die under the age of twenty-one years, and the
sd A. B. and C. B. shall thereupon execute such further
assce of the prems to the sd E. F, as by him shall be reason-
ably required, the sd E. F. will, upon the exon of such
further assce, transfer the said sum of £1000 into the names
of the sd A. B. and C. B. only.'

In witness, &c.

LIV.

Conveyance in Fee of Freeholds by Clerk of the
Peace to Trustees of a Settlement.

This Indre, made, &c., between A. B., of &c., in the county
of Y., the clerk of the peace for the said county of Y., of the
first part ; Sir C. D., of &c., knight, of the second part ;
and E. F., of &c., and G. H., of &c., of the third part:
Whas by an indre dated, &c., and made between X. Y. of
the first part, the mayor, aldermen and burgesses of the
borough of Z. afsd of the second part, and the sd A. B. of
the third part, the hdts hrnftr described and assured were
(with other hdts) assured unto and to the use of the sd
A. B., as such clerk of the peace afsd, his succors and assns,
in trust for the justices of the peace for the county of Y. for
the ppses of the sd county ; and whas the sd hdts are not
required fur tlie ppses of the sd county. And whas by
an indre of stlmt dated, &c., and made between O. D., since

^ It is only very rarely that a conveyance in this form is required. An
ordinary purchaser would not accept a title depending upon the contingency
of an infant attaining his majority ; but the writer has known cases where
special circumstances have induced a willing and friendly purchaser to do
so. Nor is it often that vendors who are sui juris would enter into such a
covenant as the above ; for if the infant on attaining twenty-one refused to
concur in conveying his undivided share, the purchaser could recover
damages for breach of covenant against the other vendors. Having regard
to the Infants Relief Act (37 & 38 Vict, c 62) the infant is not made .'^
party to the conveyance.

312 PRECEDENTS.

deceased (the late father of the sd C. D.), and the sd Sir
C. D. of the first part, L. M. and the sd G. H. of the second
part, certain hdts now stand limited to the use of the sd
C. D. for life ; and it was thby declared, that it should be
lawful for the sd C. D. and L. M., or other the trees of the
sd indre of stlmt at any time thftr, at the request of the
person who should for the time beinf^ be entitled under the
indre now in recital to the first estate of freehold in the
hdts thby settled, every such request to be signified by deed,
to sell and dispose of the hdts thby settled or any part
thof, and that the sd trees should with the like consent
apply the moneys to arise from any such sale (among other
ppses) in the purchase of freehold hdts situate in England or
Wales or orwise as thru mentd, to be settled to the same
uses, upon the same trusts and subject to the same powers
and provisoes as were in and by the sd indre of stlmt ex-
pressed concerning the hdts thby settled in strict stlmt, or
as near thto as the deaths of parties and other circes would
admit ; And whas the sd L. M. died on [date], and by an
indre dated, &c., and made between the sd Sir C. D. of the
first part, the sd E. F. of the second part, and the sd G. H.
of the third part, the sd G. H. was (pursuant to a power for
that ppse in the sd indre of stlmt contd) appointed a tree of
the same indre, in the place of the sd L. M. ; and all the
hdts then subject thrto were duly vested in the sd E. F. and
G. H. upon the trusts thof then subsisting ; And whas sales
have been made by the sd trees of portions of the sd settled
hdts pursuant to the powers contd in the sd indre of stlmt ;
And whas the sd E. F. and G. H., as trees of the sd indre of
stlmt, have, at the request of the sd Sir C. D. (testified by
his executing these presents), agreed with the sd A. B., as
such clerk of the peace for the county of Y., for the purchase
of the piece of land hrnftr described and the inhance thof in
fee simple in possession, at the price of £I7U0 : And whas
the sd contract was at the Michaelmas Quarter Sessions, 1880,
for the said county of Y., duly confirmed by the justices of
the peace for the sd county : Now this Indre witnesseth,
that in conson of the sum of £1700 upon the exon of these

CONVEYANCES AND ASSIGNMENTS. 313

presents pd to the sd A. B. by the sd E. F. and G. H. out of
moneys in their hands which have arisen from such sales a
afsd, with the consent of the said Sir C. D. (the receipt whof
the sd A. B. doth hby ackdge), he the sd A. B., in pursce of
the power given to him by the statute 21 & 22 Vict. c. 92,
doth hrby grant unto the sd B. F. and G. H. and their hrs,
ALL THAT, &c. [purcels, general uords, and all the estate clause],
To HOLD the same unto the sd E. F. and G. H. and their hrs,
To such uses, upon such trusts and subject to such powers
and provons as are in and by the sd indre of sltmt declared
of and concerning the freehold hdts thby limited, or as
near thto as the deaths of parties and other circes will
now admit. And the sd A. B. doth hrby for himself, his hrs,
executors, and administrators, covt with the sd E. F. and
G. H. their hrs and ass [covt against incwnhs as in Form LIL]
In witness, &c.

A certified copy of the justices' confirmation and approval of tlie sale
should be obtained and annexed to the conveyance.

LV.

Conveyance in Fee 0/ a Plot of Land s^ibject to
a Yearly Rent - Charge a^id Reservation of
Minerals.

This Indre, made &c., between A. B., of &c. [grantor] of
the one part, C. D., of &c. [grantee] of the other part,
WITNESSETH, that, in conson of the rent hrinftr limited,
and of the covts and agreets hrinftr contained on the part
of the sd C. D., his hrs, exors, admors, and assns, the sd
A. B. doth hrby grant unto the sd C. D. and his heirs,
ALL THAT plot of land situate at &c., and which said plot
of land contains in the whole 280 superficial square yards
of land or thrbts, and is, with the boundaries and dimen-
sions thof, more fully delineated in the plan drawn in
the margin of these presents, and therein coloured red, and
also all and singular the dwelling-house and other bldgs

314 PEECEDENTS.

already erected by the sd C. D. on the said plot of land, or
any part thereof, with the appurtes to the sd plot of land
belonging (save and except out of these presents all mines,
minerals, and materials lying within or under the said plot
of land, with liberty to get and dispose of the same, as well
as the mines lying under any other lands, leaving sufiScient
pillars to support the surface of the same plot and any erec-
tions now erected or hereafter to be erected thron). To hold
the prems hrby granted unto the sd C. D. and his hrs, to
the several uses and upon the trusts hrinftr limited and
declared concerning the same (that is to say), to the use
that the sd A. B., his hrs and assns, may out of the sd
premises for ever hrftr receive and take one clear rent of
£10 sterling, to be issuing and payable throut by two equal
half-yearly payments, on the [dates] in every year, free from
all deductions, the first half-yearly payment whof will be-
come due on [date]. And to the further use, that if the sd
yrly rent-charge or any part throf shall be in arrear and
unpaid for the space of twenty days after the same shall
become due, then it shall be lawful for the sd A. B., his hrs
and assns, to enter into and upon the sd prems, and to distrain
for tlie sd rent iu arrear, and the distress or distresses so
taken to sell and dispose of according to law as landlords are
authorized to do in respect of distresses for arrears of rent
upon leases for years, so tliat the sd A. B., his hrs or assns,
may be paid and satisfied the sd yearly rent, or so much
throf as shall then remain due and unpaid, and all costs and
expenses occasioned by the nonpmt thof : And to the further
use, that in case the sd yrly rent charge or any part thof
shall be in arrear and unpaid for the space of forty days
next after the same shall become due, then (although no
legal demand shall have been made thof) it shall be lawful
for the sd A. B., his hrs and assns, into and upon the said
prems to enter, and rece and take the rents thof for his
and their own use, until not only all arrears of the sd yearly
rent but also all such rent as shall accrue during such posson,
and all exps incurred on account of such entry or entries
and rect of rents shall be fully paid, and such posson when

CONVEYANCES AND ASSIGNMENTS. ol5

taken shall be without impehmt of waste : [And to this
iurther use, that if it shall happen that the sd yearly rent
or any part thereof shall be behind or unpaid for the space
of two years next after any of the sd days or times of
payment on which the same ought to be paid as afsd, and no
sufficient distress or distresses can or may be found in or
upon the sd prems, it may be lawful for the sd A. B , his
hrs or assns, into and upon the sd prems, or any part thof in
the name of the whole, to re-enter and the same to have
again, re-possess and enjoy, and receive and take the rents
and profits for his and their own benefit as in his or their
first and former estate] ; and subject to and charged with
the sd yearly rent and the remedies hrby provided for
recovery thof, and to the several limons afsd to the use of
the sd C. D., his hrs and assns: And the sd C. D. for
himself, his hrs, exors, and admors, doth hi'by covt with the
sd A. B., his hrs and assns, that he the sd C. D., his hrs and
assns, will yearly for ever hrftr pay unto the sd A. B,, his
hrs and assns, the sd yearly rent of £10, by equal half-yearly
payments, upon the days and in manner afsd, without any
deduction (the property tax in respect of the sd yearly rent
only excepted), And the sd A. B. doth hrby for himself, his
hrs, exors, and admors, covt with tlie sd C. D., his hrs and
assns, that, notwithstanding anything by him done, omitted,
or knowingly suffered, he A. B. now hath full power to grant
the sd prems to the uses and in manner alsd, And that
the same may be quietly entered into and enjoyed by the
sd C. D. his hrs and assns, free from incumbs by the sd A. B.
his hrs and assns ; and that the sd A. B., and every person
claiming through or in trust for him, will at all times hrftr,
at the cost of the pson requiring the same, do and execute all
such acts and assurances for more effectually assuring the
sd prems to the uses afsd (subject, nevertheless, as hrin
mentd), as by the sd C. D. his hrs or assns shall bo rea-
sonably required.
In witness, &c.

316 PRECEDENTS.

LVI.

Conveyance ^Life Interest in Real Estate.

This Indre, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part : Whas J. S., late of
&c., deceased, by his will dated &c., devised the hdts hrnftr
described unto the sd A, B. for his life with remainder over ;
and whas the said J. S. died on &c. without having revoked
or altered his said will, which was on [date] duly proved by
the exors thrn named : And whas the sd A. B. has agreed to
sell to the sd C. D. for the sum of £735 his life estate in the
sd hdts ; Now this Indee witnesseth, that, in conson of
£735 on or before the exon hrof paid to the sd A. B. by the
sd C. D. (the receipt whof the sd A. B. doth hrby acknge),
the sd A. B. doth hrby grant unto the sd C. D., his hrs and
assns, All that piece of land containing 20a. 3r. 16p. or
thereabouts, situate at X,, in the county of Y., on the east
and south of a messe belonging to the sd C. D. and now in
his occupon, as the same with the abuttals thrf is delineated
in the plan drawn in the margin hrof and thrn cold pink.
To hold the prems hby assured unto and to the use of the
sd C. D., his hrs and assns, during the remainder of the life
of the sd A. B. And the sd A. B. doth hby covt with the
sd C. D., his hrs and assns, that notwithstanding anything by
the sd A. B. done, omitted, or knowingly suffered, the sd
A. B. has power to grant all the prems to the use of the sd
C. D. during the life of the sd A. B. And that the same
may be quietly enjoyed accordingly during the life of the
sd A. B, free from interruption or incumbs by him. And
that the sd A. B. and every pson claiming through or in
trust for him will, at all times, at the cost of the sd C D.,
his hrs and assns, execute and do all such assces, acts for
further assuring the prems, or any part thrf, to the sd C. D.,
his hrs and assns, during the life of the sd A. B. as by
him or them shall be reasonably required.
In witness, &c.

CONVEYANCES AND ASSIGNMENTS. 317

LVII.

Conveyance of Land for Burial Ground under
43 Geo. 3, c. io8.

This Indre, made &c., between [c^owor] of the first part,
[ordinarij] of the second part, aud [iv'car] of the third part :
Whas the sd \donor] is seised iu fee of the piece of land
hrnftr described and granted, with the appurts ; And wlias
the churchyard of the vicarage of X. and diocese of K. is too
small for the burial of the parishioners of the sd vicarage ;
And whas the sd piece of land adjoins to the churchyard of
the sd vicarage, and is convenient to be added thereto, and
the sd \_donor\ is desirous and, with the consent and appro-
bation of the sd [ordinari/], as the ordinary of the sd
vicarage, intends to give and vest in the sd vicar and his
succors the sd. piece of land to be applied for the enlarge-
ment of the sd churchyard, and for ever hrftr to be used as
a burial ground for the parishioners of X. afsd, pursuant to
the statute passed in the forty-third year of the reign of his
late Majesty King George the Third, intituled " An Act to
promote the building, repairing, or otherwise providing of
Churches and Chapels, and of Houses for the Residence
of Ministers, and the providing of Churchyards and Glebes :"
Now THIS Indee witneth, that, in conson of the prems, he
the said \_donor\, in pursce of tlie power given by the sd
statute, and of every other power enabling him in this
behalf, and with the consent and approbation of the sd
[ordinaryl (testified by his being a party hereto), doth hby
grant to and vest in the sd [vicar] and his succors, vicars of
X. afsd, ALL that piece of land, part of a close called
the churchyard piece, adjoining the churchyard, of the sd
vicarage of X., and delineated on the map in the margin
hrof, and thru coloured blue. To hold the sd piece of land
unto the sd [vicar] and his succors, vicars of X. af^d, for
ever, as and for additional burial ground, and to be added to
the churchyard of the afsd vicarage for ever for the inter-
ment of the inhabitants of the afsd parish of X, : And the

318 PRECEDENTS.

sd [donor'] doth hby for himself, his hrs, exors, and ad mors,
covt with the sd [vicar] and his succors, vicars of X. afsd,
that he the sd [donor], and every person claitniug through or
in trust for him, will at all times, at the cost of the pson
requiring the same, execute and do such further assces and
acts for more satisfactorily conveying the sd piece of land
unto and to the use of the sd [vicar] and his succors, vicars
of X. afsd, for ever, for the ppse afsd, as by him or them
shall be lawfully required. In witness whereof to these
presents the sd [donor] and [vicar] have set their hands
and seals, and the sd [ordinary] has set his hand and caused
his episcopal seal to be affixed, the day and year first above
written.

[In the maryin of the deed insert the folloiving : — Taken and acknow-
ledged by the said [donor] at W, in the county of Y. this day of ,
1880, who desired that the same might be enrolled in the Chancery Divi-
sion of the High Court of Justice.

Before me E. F., a commissioner to administer
oaths in the Supreme Court of Judicature
in England.]

LVIII.

Surrender of Copyhold Hereditaments.

Manor of J^E IT EEMEMBEEED, that out of court on [<?a^e],
X- ) A. B., of &c., a copyhold tenant of this manor, and
M. B. his wife came before Y. Z., steward of the sd manor,
and in consideration of £700 to the sd A. B. pd by C. D. of
&e,, on the passing of this surrender (the receipt whof the sd
A. B. doth hereby acknowledge), they the sd A. B. and M. B.
his wife (the said M. B. joining herein, for the purpose of
passing all her right or title to dower, and being first
examined by the sd steward, apart from her sd husband,
according to the custom of the sd manor) did surrender into
the hands of the lord of the sd manor, by the hands and
acceptance of the sd steward, by the rod, according to the
custom of the sd manor, all that ['parcels] (all of which sd
hdts and prems are holden of the sd manor of X., and are

CONVEYANCES AND ASSIGNMENTS. 319

situate at W., in the parish of V., in the county of Middlesex)
together with the easements and appurces to the sd hdts
belonging, to the use of the sd C. D., his heirs and assigns
for ever, at the will of the lord, according to the custom of
the sd manor, by and under the suit and services, rents, fines
and heriots therefor due and of right accustomed.
Taken, together with the separate examination
of the sd M. B., the day and year afsd, by me,

Y. Z., Steward.

LIX.

Deed of Covenants /t'/' Ti^lc to accompany
Surrender of Copyholds.

This Indre, made, &c., between A. B. of &c., of the one part,
and C. D. of &c., of the other part : Whas the sd A. B. agreed
with the sd C. D. for the sale to him of the hdts hrnftr
described, with their appurts and the inhance thof in posson,
according to the custom of the manor of which the same are
holden free from ineumbs, except the rents, fines, heriots,
suits, and services therefor due and of right accustomed, for
the sum of £700 and upon the treaty for the sd sale it was
agreed that the sd A. B. should enter into such covts as are
hrnftr contd ; And whas, in pursce of the sd agreet, the sd
A. B. and M. B. his wife did out of court, immediately before
the exon hrof, surrender into the hands of the lord of the
manor of X. by his steward, and according to the custom of
the sd manor, all that \_'parcels from surrender], (all which
sd hdts and prems are holden of the manor of X., in the
county of Middlesex, and are situate at W., in the parish of
v., in the sd county), together with the appurs, to the use of
the sd 0. D., his hrs and assns, according to the custom of
the sd manor, and by and under the suits and services, rents,
fines and heriots therefor due and of right accustomed : Now
THIS INDRE WITNESSETH, that, in conson of the sd sum of
£700 pd to the sd A. B. by the sd C. D. on the exon of the
sd surrender, he the sd A. B. doth hby for himself, his hrs,
exors, and admors, covt with the sd C. D.. his hrs and assns

320 PRECEDENTS.

that, notwithstanding any thing by the sd A. B. done, omitted,
or knowingly suffered, the sd A. B. and M. B. had at the
time of making the sd surrender or one of them had full
power to surrender the sd hdts to the use of the sd C. D., his
hrs and assns, according to the custom of the sd manor and
free from incumbs, but under and subject to the rents, fines,
heriots, suits, and services therefor due and of right accus-
tomed and that the same prems may henceforth be quietly
enjoyed by the sd C D. his hrs and assns, free from inter-
ruptions and incumbs by the sd A. B. and M. B. or eir of
them or by any person claiming througli or in trust for them
or eir of them. And that the sd A. B. and M. B. and every
such person as afsd will at all times, upon every reasonable
request, by and at the cost of the sd C. D., his hrs or assns,
do and execute such acts and assces for more perfectly sur-
rendering and assuring thesd hdts to the use afsd, as by him
or them shall be reasonably required.
Jn witness, &c.

LX.

Deed of Enfranchisement 0/ Copyholds with Grant
of Rights of Common.

This Indee, made, &c., between A. B., of &c., lord of the
manor of X., of the one part, and C. D., of &c., a copyhold
tenant of the sd manor, of the other part : Whas the sd A. B.
is seised of the sd manor of X., for an estate of inhance in fee
simple in posson free from incumbs ; And whas the sd C. D.
is seised to him and his hrs, according to the custom of the
sd manor, of the hdts hrnftr described, being part of the copy-
hold hdts of the sd manor ; And whas the sd C. D. has agreed
with the sd A. B. for the enfranchisement of the sd hdts for
the sum of £ : Now this Indre witnesseth, that, in
conson of £ to the sd A. B. pd by the sd C. D. on the
excon hof (the rect whof the sd A. B. doth hby acknge), the
sd A. B. doth hby grant unto the sd C. D, and his hrs all
[parcels], together with [general words, and estate clause,
p. 298, supra]. To hold the sd hdts unto the sd 0. D. and his

CONYEYAXCES AND ASSIGNMENTS. 321

brs, to the use of the sd C. D., his hrs and assns, freed,
enfranchised, and discharged from all and all manner of
customary and other rents, fines, heriots, fealty, suit of court,
forfeitures, duties, services or customs whatsoever, which
according to the custom of the sd manor of X. the sd hdts
hrnbfre grantd are or have been subject or liable to or charged
with, or which would but for these presents be paayble or to
be done and performed in respect of the same hdts or any of
them, or any part thof : [A.ND this Indre also WITNESSETH,^
that for the consons afsd, and in order to preserve to the sd
C. D., his hrs and assns, all such rights of common in, upon,
and over the waste lands of the sd manor of X. as he the sd
C. D., or any of his predecessors in title, have at any time
hrtfre used or enjoyed as belonging or appurtenant to the
hdts and prems hrnbfre described, notwithstanding the en-
franchisement of the same respve prems, he the sd A. B.
doth hby grant unto the sd C. D., his hrs and assns, all such
commonage and right of common of what nature or kind
soever, in, upon, or over all or any of the wastes, commons,
and commonable lands of or belonging to the sd manor of X.
as he the sd C. D. immediately before the excon of these
presents or as any of his predecessors in title at any time
hrnbfre held, possessed, or enjoyed in respect of and as appur-
tenant or belonging to the sd hdts and prems hby granted,
and the freehold and inhance of all such commonable rights
as afsd, in as large, ample, and beneficial a manner to all
intents and purposes as he the sd C. D., or any of his sd
predecessors, have hrtfre used and exercised all or any of
the sd rights or privileges, or as he or his customary hrs
could or might have used and exercised the same if these
presents had not been executed.] [Add covenants hy the lord
oj the manor for title as in a conveyance of freeholds.]
In witness, &c.^

^ If there are do common rights in the manor, or if it is not intended to
reserve common rights to the copyholder after the enfranchisement, the
grant of common rights will of course be omitted.

2 A covenant on the part of the lord of the manor for production of
title-deeds should be added or taken by a seiiarate document,

322 PEECEDENTS.

LXI.

Surrender of Copyholds to the Trustees of a
Settlement.

Manor of ) Be IT REMEMBERED, that out of coui't on the \daie\
X. ) A. B., of &c., a cyhold tenant of this manor came
before T. W., steward of the sd manor, and in pursce of a
covt coutd in a certain iudre, dated &c., made between &c.
(being a settlement executed in conplon of the marre of the
sd A. B. with the sd C. B.), did surrender into the hands of
the lord of the sd manor by the hands and acceptance of
the sd steward by the rod, according to the custom of the
sd manor, all [|)arce?s] (which sd hdts are holden of the
manor of X. in the county of Y.), togr with the easements
and appurts to the sd hdts belonging or appurtenant, to the
use of the sd E. F. and G. H., their hrs and asns, at the will
of the lord, according to the custom of the sd manor, by and
under the suit and services, rents, fines and heriots therefor
due and of right accustomed [upon the trusts and subject to
the pi'ovisious contained in and declared by the sd iudre of
the \_date\r^ ^

Lxn.

Conveyance of Freeholds and Covenant to
surrender Copyholds.

This Indee, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part : Witnesseth, that,
in conson of the sum of £800, paid by the sd C. D. to the sd
A. B. on the exon hrof (the rect whof he doth ackdge) the
sd A, B. doth hby grant unto the sd C. D. and his hrs, all
&c. [2^arcels of freehold lancT] together with all appurts to
the sd lidts in fact, or by reputation, belonging. To hold
the same unto and to the use of the sd C. D., his hrs and

1 If the steward does not object to the words within brackets, they had
better be inserted ; but some stewards will not allow a reference to any
trusts to appear on the court rolls.

CONVEYANCES AND ASSIGNMENTS. 323

assus: And this Indre also witnesseth, that, iu con-
sideration of the sum of £50 pd by the sd C. D. to the sd
A. B. on the execution hrof (the rect whof he doth ackndge)
the sd A. B. doth hby for himself, his hrs, exors, and admors,
Govt with the sd C. D. and his hrs, that he, the sd A. B.
will forthwith surrender into the hands of tlie lord of the
manor of O. in the county of Y. all, &c., [^mrcels of coinjliold
land] [to which hdts the sd A. B. was on tlie [date] admitted
tenant in fee simple in possession] to the use of the sd C. D.,
his hrs and assns, at the will of the lord according to the
custom of the sd manor, subject to the rents, suits, and ser-
vices therefor due and of right accustomed: And the sd
A. B. doth hby for himself, his hrs, exors, and admors,
covenant with the sd C. D., his hrs and assns, that he, the
sd A. B., novv has power to convey and surrender the sd free-
hold and copyhold hdts resply, in the manner and to the
uses afsd. And that the same resply shall henceforth be
quietly enjoyed by the sd C. D., his hrs and assns, free from
incumbrances and interruptions by the sd A. B., his hrs or
assns, and also that the sd A. B., and all persons claiming
through or in trust for hira, will at all times, at the request
and cost of the sd C. D., his hrs or assns, execute and do all
such deeds and things for more effectually assuring the sd
hdts and every part thereof to the uses aforesaid, as he or
they shall reasonably require.
In witness, &c/

^ The better course is to sun'ender the copyholds before the deed is
executed, and if this be done the deed should be thus varied. Recite the
contract for sale and the apportionment of the purchase-money, viz., £800
for the freeholds and £50 for the copyholds, and then proceed thus : — " And
whas the sd A. B. has this day surrendered into the hands of the lord of
the manor of 0. in the county of Y., all [fjive a short descri/ption of the
cni-iyhol'h'] to the use of the sd C. D., his hrs and assns." Then resume
with '' Now THIS Indre witnesseth," and continue to the end of the
habendum of the freeholds : omit the covenant to surrender the copyholds ;
proceed with the covenants for title, making the vendor covenant that he
" has power to convey the sd freehold hdts, and ac the time of surrender-
ing the sd copyhold hdts had power to surrender the same to the uses afsd,
accoiding to the intent hereof and of the sd surrender resply, free from all

Y 2

324 PEECEDENTS.

LXIII.

Assignment of Leaseholds by Independent Deed.

This Indke, made &c., between A. B. of &o., of the one
part, and C. D. of ho., of the other part: Whas by an
indre dated &c., and made between X. Y. of the one part,
and T. W, of the other part, all \]iere copy the parcels
from the lease verbatini], with their appurts, were demised
to the sd A. B., his exors, admors, and assigns, from
[Michaelmas-day then last] for the term of [ninety-nine]
years, at a yearly rent of £[150] and subject to the
lessee's covenants thrin contd : And whas by virtue of divers
mesne assmts and acts in the law, and ultimately by an
indre dated &c., and made between S. Z, of the one part,
and the sd A. B. of the other part, the prems comprised in
and demised by the sd indre of lease are now vested in the
sd A. B. for the residue of the said terra : And whas the sd
A. B. has agreed with the sd C. D. for the sale to him of the sd
prems for the residue of the sd term at the price of £ :

Now THIS Indke witnth^ that in conson of £ now pd to

the sd A. B. by the sd C. D. (the recpt whrof the sd A. B.
doth hby ackdge) the sd A. B. doth hby assign unto the sd
C. D., his exors, admors, and assns, all the prems comprised
in and demised by the hrinbfre-recited lease. To hold the
sd prems unto the sd C. D., his exors, admors, and assns, for
the residue of the sd term, subject to the payment of the
rent and the performance of the lessee's covts therein re-
served and contd resply : And the sd A. B, for himself, his
hrs, exors, and admors, covts with the sd C. D., his exors,
admors, and assns, that (notwithstanding anything by him
done, omitted, or knowingly suffered) the rent reserved by
and the lessee's covts contained in the sd indre have been

incumbrances," and then resume with the covenant for quiet enjoyment
and go to the end as before.

The deed conveying the freeholds will only require an ad valorem stamp
on the apportioned amount of purchase-money, and the surrender will
require nn ad v^dorem stamp on the residue of the purchase-money.

CONVEYANCES AND ASSIGNMENTS. 325

paid, observed, and performed up to the date href, and that,
notwithstanding any such thing as afsd, the sd A. B. now has
power to assign the prems for the term and in manner afsd ;
and also that the same may be quietly enjoyed by the sd
C. D., his exors, admors, and assns, for the residue of the sd
term free from incumbrances and interruptions by the sd
A. B., or any pson claiming through or in trust for him. And
that the sd A. B., and any such person as afsd, will at all
times during the sd term, at the request and cost of the
pson requiring the same, execute and do all such acts and
asces for further assuring the prems unto the sd C. D., his
exors, adms, and assns, for the term afsd, as he or they shall
reasonably require : And the sd C. D. doth hby for himself,
his hrs, exors, or assns, eovt with the sd A. B., his exors,
and admors, that the said C. D., his exors, admors, or assns,
will henceforth pay and perform the rent reserved by and
lessee's covnts contained in the sd indre of lease ; and in-
demnify the sd A. B., his hrs, exors, and admors, against all
consequences of the non-payment and non-performance thof
resply.

In witness, &c.

LXIV.

AssiG'^MEi^T 0/ Lease Aolds by Indorsement.

This Indre made, &c., between the within-named A. B,, of
the one part, and C. D., of &c., of the other part, witnesseth,
that, in conson of £ now paid by the sd C. D. to the sd
A. B. (the receipt whof the sd A. B. doth hby acknge), the
sd A. B. hby assigns unto the sd C. D., his exors, admors, and
assns, all the premises comprised in and demised by the within-
written indre. To hold the same unto the said C. D., his
exors, admors, and assns, henceforth for the residue of the term
of [ninety-nine] years by the within-written indre demised,
subject to the rent and lessee's covts and condons thn conted :
And the sd A. B. for himself, his hrs, exors, and admors, hby
covts with the sd C. D., his exors, admors, and assns, that,

326 PRECEDENTS.

notwithstanding anything by him done or knowingly suffered,
the rent reserved by and the lessee's covts and condons in
and by the within-written indre resply reserved and contd
have been paid, observed, and performed up to the date hrof,
and that, notwithstanding any such thing as afsd, the sd
A. B. now has power to assign the prems unto the sd C. D.,
his exors, admors, and assns in manner afsd, and that the
prems may be quietly enjoyed by the sd C. D. during the
sd term free from incumbs and interruptions by the sd C. D.,
or any pson claiming through or in trust for him. And that
the sd A. B,, and all such persons as last afsd, will, at all
times during the sd term, execute and do all such further
assurances and things for more perfectly assigning the prems
unto the sd C. D., his exors, admors, and assns, for the residue
of the sd term, as by him or them shall be reasonably re-
quired : And the sd C. D. doth hby for himself, his hrs,
exors, and admors, covt with the sd A. B. his exors and admors,
that the sd C. D., his exors, admors, or assns, will henceforth
pay the rent reserved by and perform the lessee's covts
contained in the within-written indenture, and indemnify
the sd A. B., his hrs, exors, and admors, against all conse-
quences of the non-payment and non-performance of the
same resply.
In witness, &t\

LXV.

Assignment of Leaseholds by Mortgagor and
Mortgagee.

This Indke, made &c., between A. B., of &c., of the first
part, C. D. of &c., of the second part, and E. F., of &c., of
the third part : Whas by an indre, dated, &c. [recite lease for
ninety-nine years to A. B. as in Form LXIII. p. 324, supra,
setting out parcels verbatim] : And whas by an indre dated,
&c., and made between the sd A. B. of the one part, and the
sd C. D. of the other part, in couRon of £ paid by the sd

C. D. to the sd A. B., the sd A. B. assigned the prems demised

CONVEYANCES AND ASSIGNMENTS. 327

by the sd indre of lease, together with the two several messes
then built thereon, and which are now known as No?. 2 and 4,
X. Street afsd, to the sd C. D., his exors, admors, and assns,
for the then residue of the sd term of ninety-nine years,
subject to a proviso for re-assignment thof on payment by
the sd A. B,, his exors, admors, or assns, to the sd C. D., his
exors, admors, or assns, of £ with interest as thrn

mentd. And whas the said A. B. has agreed with the sd
\j)urchaser^ E, F. for the sale to him of the prems hrnbfe
described for the residue of the sd term for the sum of
£ : And whas [recite amount due to mtgee and Ms

agreement to concur, as in Form LI., p. 306, supra] : Now
THIS Indre witnesseth, that in consideration of £ to

the sd A. B., and of £ to the sd C. I), now pd by the

sd E. F. (the receipt of which several sums of £
and £ , making together £ , the sd A. B. and

C. D. hby resply acknge), the sd C. D. at the request of
the sd A. B, doth hby assign, and the sd A. B. doth hby
assign and confirm unto the said E. F., his exors, admors, and
assns, all and singular the prems comprised in and demised
by the sd indre of lease. Together with the sd two messes
now built thereon, and all rights, easements, and appurts
thereto in fact or by reputation belonging, And all the
estate and interest of the sd A. B. and 0. D. thrn, To
hold the prems unto the sd E, F., his exors, admors, and
assns, for the residue of the sd term, subject to the rent
reserved by, and the lessee's covenants and condons contd
in the sd indre of lease: And the sd A. B. doth hby for
himself, his hrs, exors, and admors, covt with the sd E. F,,
his exors, admors, and assns, that (notwithstanding any-
thing by the sd A. B. and the sd C. D., or either of them
done or knowingly omitted), the rent reserved by and the
lessee's covenants contained in the sd , indro of lease have
been paid and performed up to the date lirof; and that
notwithstanding any such thing as afsd the sd A. B. and C. D.,
or one of them, now has power to assure the prems for the
term and in manner afsd ; and that the same may hence-
forth during the sd term be quietly enjoyed by the sd E. F.,

328 PKECBDENTS.

his exors, admors, and assns, free from interruption and
incumbs by the sd A. B. and C. D. or eir of them, or any
person claiming through or in trust for them or eir of them,
and that the said A. B. and C. D. and every such person
as last afsd, will at all times during the said term, at the
request and cost of the person requiring the same, execute
and do all such assces and things for better assuring the pre-
mises unto the sd E. F., his exors, admors, and assns, for the
term and in manner afsd, as he or they shall reasonably
require: And the said CD. [eovena^ii against incumbrances,
see p. 308, suiwa^ doth hby for himself, his hrs, exors,
admors, and assns, covt with the sd A. B., his exors, and
admors, that he [covenant to imy rent and perform eovts, as in
Form LXIIL]
In witness, &c.

LXVI.

Assignment of Leaseholds by a Mortgagee under
his Power of Sale.

This Indre, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part : Whas by an
indre dated the &c. [recite lease, as in Form LXIIL, p. 324.]
And whas by an indre dated [recite mortgage hg assign-
ment to A. B. as in Form LXV. p. 327, and continue as
follows : — ]

And by the same indre it was provided that if default
should be made in the payment of the sd sum of £ on

the sd [dfa^e], it should be lawful for the said A. B., his
exors, admors, or assns, at any time thftr, without any
further consent on the part of the sd [mortgagor], his exors,
admors, and assns, to sell the prems thby assigned, or any
part thof. eir togr or in parcels, and eir by public auction
or private contract, and subject to such condons of sale, and
generally in every respect as the said A. B., his exors,
admors, or assns, should deem fit, and upon such sale to
assign the prems sold to the purchaser or purchasers, or as

CONVEYANCES AND ASSIGNMENTS. 329

he or they might require : And by the sd iudre it was also
declared that every receipt which should be given by the sd
A. B., his exors, admors, or assns, for any moneys to be
derived from any such sale or sales or owise under the same
indre, should be an effectual discharge to the person or
persons to whom the same should be given : And whas, by a
memorandum dated &c., and indorsed on the last-recited
indre, the sd [mortgagor] aekuged to have received from the
sd A. B., on the secty created by the sd indre, the further
sum of £ , together with an arrear of interest thru : And
whas the sd A. B. agreed with the sd C. D. for the sale to
him of the prems comprised in the sd indre of lease, for the
residue of the sd term for £ : Now this Indre WIT-

NESSETH, that in consideration of £ sterling pd by the

sd C. D. to the sd A. B. (the rect whof is hrby acknged), he
the sd A. B. doth hby assign unto the sd C. D., his exors,
admors, and assns, all that parcel of land and all other the
prems comprised in and demised by the hrnbfre-recited
indre of lease, togr with [general words and " all the estate "
claitse as in Form XLVL, i:>. 298]. To hold the prems unto
the sd C. D., his exors, admors, and assns, for the residue of
the sd term of years granted by the hrnbfre-recited

indre of lease, freed from all claims and demands in respect
of the moneys secured by and from all right or equity of
redon under the hrnbfre-recited indre of the [date\ but
subject to the rent reserved by the lessee's covenants and
Condons contained in the hrnbfre-recited lease : And the sd
A. B. doth hby for himself, his hrs, exors, and admors.
Govt with the sd C. D., his exors, admors, and assns, that he
the sd A. B. has not done, omitted, or knowingly suffered,
or been party or privy to anything whereby or by reason or
means whrof the prems hby assigned, or any of them, or any
part thof, are, is, or may be in anywise charged, affected, or
incumbered in title, estate, or owise howsoever, or whereby
or by reason or means whof he is in anywise hindered from
assigning the same in manner afsd.
In Witness, &c.

330 PEECEDENTS.

LXVII.

Assignment of Leaseholds to be indorsed on a
Mortgage pursuant to Covenant for Further
Assurance/

This Tndee, made &c., between A. B. of &c., of the first
part, and C. D. of ko,., of the second part.

Whas the within recited indre of assmt to the mtgor (the
date of which is omitted, but which is in fact dated the 6th
day of March, 1875) of the hdts and prems comprised in the
within recited indre of lease, dated \date\ (and thby demised
to the within named X. Y.) had not been executed at the
date of the exon of the within written indre, and therefore it
is considered that no legal estate in the hdts and prems
demised by the sd indre of lease passed to the mtgee by
virtue of the within written indre.

And whas the sd indre of assmt as within recited has been
duly executed since the exon of the within written indre,
namely, on the 6th day of March, 1875, and the hdts and pres
comprised in the sd indre are now vested in the mtgor for the
residue now unexpired of the within mentioned term of ninety-
nine years subject as in the within written indre is mentd.

And whas the mtgor at the request of the mtgee and
in pursce of the covt for furr assce in the within written
indre contd has agreed to execute such assce to him of the
sd hdts and prems comprised in the sd indre of lease as is
hrnftr contd.

Now THIS Indee WITNESSETH that in purs'-e of the sd
agreet, and for the consons in the within written indre mentd

He, the sd A. B., doth hby demise unto the sd C. D., his
exors, ad mors, and assns,

' ^ A. B. mortgaged leaseholds in Surrey to C. D. by indre dated ilth
September, 1874, to secure £8000 and further advances. A. B. had pur-
chased these leaseholds from X., and they had all been assigned to him
before the 11th of September, 1874, except the portion comprised in this
demise, about the title of which there had been some diiEculty, and the
assignment by X. to A. B. of this jiortion was not executed till 1875,
though the assignment had been recited in the mortgage without a dale.

CONVEYANCES AND ASSIGNMENTS. 331

All that piece of land with the messuages, cottages, and
outbuildings, hdts, rights and easements, appurts, and prems
comprised in and demised by the sd indre of lease of the
[date],

To HAVE AND TO HOLD all and singular the sd hdts and
prems hby demised unto the said C. D., his exors, admors,
and assns, for the residue now to come of the sd term of
ninety-nine years granted by the sd indre of lease of the
[f?afe], except the last two days thof, subject to the provo
i'or redon thof in the witliin written indre contd.

To the intent that the hdts and prems hby demised may
form part of the security for the within mentd sum of
£ , and further advances in the same manner as if the
sd indre of assmt of the 6th day of March, 1875, had been
duly executed before the exon of the within written indre.

And THE SD A. B. doth hby for himself, his hrs, exors,
and ads, covenant with the mtgee [that lease is valid, &c.,
and for rigid to dewisej]

And also that all the covts for title and for payment of
rent and observance of lessees' covts, and all other the covts,
and all the powers (including the power of sale and powers
ancillary thto), proves, trusts, declons, agreets, and stipulons,
in the within written indre contd with regard to the hdts
and prems Ihby assured shall extend and be applicable to
the hdts and prems hby demised in as full a manner in all
respects as if the sd indre of assmt of the 6th day of March,
1875, had been duly executed before the 11th day of Septem-
ber, 1874, and the hdts and prems hby demised had been
actually comprised in and demised by the within written
indre as such security as a^sd.

In Witness, &g.

LXVIII.

Assignment of Debts.

This Indre, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part : Whas tlie sd A. B.
has for some time carried on the business of [specif >/ it] at X.

332

PRECEDENTS.

af'sd, and in the course of such business the several psons
whose names are mentd in the Schedule hereto have become
and are now indebted to him in the several sums of money
set opposite to their respive names in such schedule, and
he has agreed with the sd C. D. for the absolute sale of
the same debts for the sum of £ : Now this Indre

WITNESSETH, that, in conson of £ to the sd A. B. now paid

by the sd C. D. (the receipt whof is hby acknged), he the sd
A. B. doth hby assn unto the sd C. D., his exors, admors, and
assns, all and singular the debts and sums of moy specified in
the Schedule hereto. To have, receive and take the sd debts
and prems hby assigned unto and by the sd C. D., his exors,
admors, and assns, for his and their own absolute use and
benefit ; And the sd A. B, doth hby for himself, his hrs, exors,
and admors, covt with the sd C. D., his exors, admors, and
assns, that the sd several debts hby assigned are now due
and owing to him, and that he, his exors or admors, will at
all times, on the request and at the cost of the sd C. D., his
exors, admors or assns, do and execute all such further acts
and assurances for more effectually assuring unto the sd C. D.,
his exors, admors and assns, the sd several debts and prems,
and enabling him or them to recover and rece the same resply
as by him or them shall be reasonably required.^
In witness, &c.

The Schedule above referred to.

Name of Debtor.

Amount of Debt.

Name of Debtor.

Amount of Debt.

^ Before the Judicature Act, 1873, came into operatiou it would have
been necessary for A. B. to give C. D. a power of attorney to sue in his
name, and for C. D. to covenant to indemnify A. B. from costs, &c., in
respect of any action brought in his name. But now, a simple notice to
each of the scheduled debtors renders these clauses unnecessary, and they
arc therefore omitted.

CONVEYANCES AND ASSIGNMENTS. 333

LXIX.

Assignment of Reversionary Interest in a Sum
of Stock.

This Indee, made &c., between A. B. of &c., widow, of the
one part, and C. D. of ka., of the other part : Whas E. F.,
late of &c., deceased, made his will dated &c., and thereby-
bequeathed unto G. H. and K. L. (whom he appointed exors
thof), their exors, admors and assns, his personal estate upon
certain trusts, being in effect trusts for payment of debts
and funeral exps, and subject thereto for the benefit of his
wife M. r. during widowhood, and after the decease or second
marre of his sd wife he directed his trees to sell such part of
his residy psnal este as should not have been previously sold,
and he declared that his trees should stand possessed of the
moneys to be produced from such sales, and also the stocks
or funds in which any part of his residy psnl este, if sold
during the widowhood of his sd wife, should be invested, and
all other his trust moys, upon trust to pay, assn, and transfer
the same unto the three children of his sd wife by her former
husband in the proportions following (viz.), three equal
seventh parts thof to Y. Z., his exors or admors, three other
equal seventh parts thof to W. X. for her separate use, and the
remaining one equal seventh part thof to the sd A. B. for her
separate use ; or in case of her death during the widowhood
of his sd wife, to such pson or psons, and in such shares and
proportions as the sd A. B. should, notwithstanding coverture,
by deed or will appoint : And whas the sd E. F. died on the
\date\ without having altered or revoked his sd will, which
was duly proved by the sd exors in the Probate Division of
the High Court of Justice : And whas the testator's residy
psnal este has been sold and called in by the sd G. H. and
K, L , and the proceeds thof, after payment of his debts,
funeral and testy exps, have been invested, and the same now
consist of the sura of £1768 New £3 per Cent. Annies,
standing in the names of sJ G. H. and K. L. in the books of
the Governor and Company of the Bank of Englan 1 : And

334 PRECEDENTS.

whas the sd M. F. (the widow of the testator) is still living,
and is of the age of seventy years or thereabouts ; And whas
the sd A. B. caused the one seventh part or share to which
she is entitled in reversion expectant on the death of the sd
M. F., in the sd sum of £1768 New £3 per Cent. Annies, to
be offered for sale by public auction at the Auction Mart in
the city of London, on the [date] ; and at the sd sale the sd
C. D. was the highest bidder for, and declared to be the
purchaser of, the same for the sum of £ :^ Now this
Indre WITNESSETH, that in order to effectuate the sd sale,
and in conson of £ sterling to the sd A. B. pd by the sd
C. D. on the exon of these presents (the receipt of wch the sd
A. B. doth hby acknowledge), she the sd A. B. doth hby assn,
appoint and confirm unto the sd CD., his exors, admors, and
assn?, all that the one seventh part or share, and other the
part, share, and interest to wch she is entitled in reversion,
expectant upon the decease of the sd M. F., of and in the sd
sum of £1768 New £3 per Cent. Annies, and of and in all
and singular the stocks, funds or securities in or upon wch
the same or any part thof may from time to time be invested,
and all the divds, interest, and income thof from and after
the decease of the sd M. F., To have, receive, and take the
sd part or share hby assured of and in the sd sum of £1768,
New £3 per Cent. Annies, and other the moy and prems
hrnbfre mentd, unto and by the sd C. D., his exors, admors
and assns : And the sd A. B. doth hby for herself, her hrs,
exors, and admors, covt with the sd C. D. his exors, admors,
and assns, that notwithstanding any act, deed, or thing what-
soever by her or any pson through whom she claims orvvise
than as a pcher for valuable conson done, permitted, or know-
ingly suffered, she now has power to assure the sd part or
share and prems hby assured, in manner afsd free from
iucumbs ; and also that she the sd A. B., and every other pson

1 Unless there is some special reason for it, a sale by auction is seldom
recited in this form : it is usually suflicieut to recite it as an ordinary con-
tract for .sale ; but in the case of a reversion the fact that it was purchased
at a sale by public auction may properly appear in the assignment in order
to prevent any future question whether the sale was at an undervalue.

CONVEYANCES AND ASSIGNMENTS. 335

claiming through or in trust for her, or through or in trust
for auy such pson as afsd, will at all times upon the request,
and at the expense of the sd C. D., his exors, admors, or assns,
do and execute such acts and assces as may be necessary for
more effectually assuring the prems unto the sd C. D., his
exors, admors, or assns, or for enabling him or them to recover
and receive the same.
In witness, &c.^

LXX.

Assignment of a Reversionary Interest in Resi-
duary Estate and a Policy of Assurance by
Mortgagee under Power of Sale.

This Indre made &c., between A. B. of &c., of the one part,
and C. D. of &e., of the other part.

Whas [recital of will of Z. giving/ one-fifth of resichj este to
each of sons subject to life estate of Y.]

And whas [recite death and p'ohate~\.

And whas the testator had five children who survived him
or died in his lifetime leaving issue, and X. hrinafr men-
tioned is one of such children. And whas the sd Y. is still
living.

And whas by a policy of assce under the hands of three
of the directors of the Eoyal Assce Corporation, dated &c., and
numbd &c., the sum of £ is assured to be pd to the exors,

^ In the above instance the assignor was a widow. If her husband had
been li\ ing, he would not have been a necessary party to the deed, as the
share was bequeathed to the assignor for her separate use. If, however, in
such a case the husband be living and is willing to concur in the deed, it is
as well to procure his concurrence, in order that he may enter into the
usual covenants, a married woman not being able to bind herself by a
covenant except in equity, and then only so far as concerns lier separate
estate.

Notice of the deed should be given to the trustees immediately after its
execution. Such notice will complete the transfer of the legal estate to
the purchaser so as to render a power of attorney unnecessary, A Notice
in lieu of distringas should also be placed on the stock. See form of
Affidavit, p. 95, stipra, and of Notice to the Bank, p. 404, infra-

336 PRECEDENTS.

ads, or assns of the sd X., within three calendar months
after proof of his death, subject to the annual premium
of£

And whas by an indre of mtge dated &c., and made
between the sd X. of the one part, and the sd A. B. of
the other part, in conson of the sum of £ pd by the sd

A. B. to tie sd X., he the sd X. assigned to the sd
A. B., his exs, ads, and assns, First, All that one equal
eighth part or share or other the part and share, and all
other the estate and interest of the sd X. under or by
virtue of the will of the sd Z. deed (expectant on the
decease of the sd Y.) of and in all and singular the residuary
psonal estate and effects of the sd Z., deceased, and the
proceeds thof, and of and in the stocks, funds, and securities
by which the same or any part thereof might be represented,
howsoever the same resply might be invested or circum-
stanced, and the income and acculons throf resply : And
secondly, all the hrinbefre recited policy of assce and the
sd sum of £ thereby assured, and all other moneys to

become payable thrunder by way of bonus or othwise, sub-
ject to a prove in the indre now in recital contd for the redon
and reas.signment of the said pres thrby assigned on pay-
ment on the [date], by the sd X., his hrs, exs, ads, or
assns to the sd A. B., his exs, ads, or assns, of the sd sum
of £ , with int thron at the rate of £5 per cent, per
annum, computed from the date of the indre now in recital.
And it was by the indre now in recital provided and agreed
that in case \_powe7' of sale verbatim , including power to assure
to pcher']. And it was by the same indre agreed, and the
said X. did for himself, his exs and ads, direct that [j;c7ier
not to he liahle to see to application of pche-money, and that
receipts of A. B. should he good discharge].

And whas default was made in the payment of the sd
sum of £ and int, on the [date], &c., there is now due
and owing to the sd A. B. on the secy of the hrinbefre
recited indre of mtge for pel, int, and costs the sum of £

And whas the sd A. B. in exercise of the power in the
said indre of mtge contd, and of all other powers in anywise

CONVEYANCES AND ASSIGNMENTS. 337

enabling him has agreed with the sd C. D., for the sale to
him of the sd pres comprised in the sd indre of mtge for
the sd sum of £

Now THIS Indre witnesseth that in pursuance of the
sd agreement, and in conson of the sum of £ upon the

exon of these presents pd by the sd C. D. to the sd
A. B. (the receipt [&c.]) : He the sd A. B. doth hereby
assign unto the sd C. D., his exs, ads, and assns,

All those pres comprised in and described by the hrinbefre
recited indre of mtge, and the full benefit throf. And all
the right, title, interest, claim, and demand of the sd A. B. in
to and upon the same,

To HAVE AND TO HOLD all the sd pres hrinbefre des-
cribed and intended to be hrby assured unto the sd C. D.
his exs, ads, and assns,

Freed and discharged from all right and eqy of redon,
and from the sd mortgage debt of £ , and int, secured

by and from all claims and demands under the hrinbefre
recited indre of mtge, but subject as to the sd residuary
estate to the life interest of the sd Y. therein.

And the sd A. B. doth \covt against incumhs, see ]p. 329.]

In witness, &c.

LXXI.

Assignment of the Goodwill of the Business of a
Clock and Watch Maker, and the Clock Winding
connected tJierewith.

This Indee, made the &c., between A. B., of &e., watch
maker, of the one part, and 0. D., of &e., watch maker, of
the other part : Whas the sd A. B. has for some time past
carried on the trade or business of a clock and watch maker,
at X. Street aforesaid, and is now employed in winding the
clocks of the several persons whose names appear in the
Schedule hereto for the yearly remunerations set opposite
to their respective names in the same Schedule : and whas

338 PRECEDENTS.

the sd A. B. has agreed with the sd C. D. for the sale to
him of the goodwill of the sd business of a clock and watch
maker, and the clock winding connected therewith, for the
sum of £ : Now this Indee witnesseth, that in conson
of £ now paid by the sd C. D. to the sd A. B. (the
receipt whof the sd A. B. doth hby acknge), he the sd A. B.
doth hby assign unto the sd C. D., his exors, admors, and
assns, the goodwill of the sd business of a clock and watch
maker, as carried on by the sd A. B. at X. Street aforesaid,
together with the clock winding connected therewith, ex-
pressly including the winding of the clocks of the several
persons whose names appear in the schedule hereto, and all
the interest of the sd A. B. therein, To have hold and enjoy
the sd goodwill, custom and prems hby assigned unto the
sd C. D., his exors, admors, and assns absolutely : And the
sd A. B. doth hby for himself, his hrs, exors, and admors,
covt with the sd G. C, his exors, admors, and assns, that, he
the sd A. B. has good right to assign the sd goodwill and
prems in manner afsd, and that the same shall be enjoyed
by the sd C. D., his exors, admors, and assns, free from any
interruption or incumbrance by the sd A. B. or any pson
claiming through or in trust for him, and that the sd A. B.
his exors and admors, and every such pson as afsd, will
at all times at the cost of the pson requiring the same, do
and execute such deeds and things for further assuring the
prems to the sd C. D., his exors, admors, and assns, as by
him or them shall be reasonably required ; and also that he
the sd A. B. will not within a period of seven years from
the date hereof, either alone, or jointly Avith or as agent,
journeyman or assistant for any pson or company, either
directly or indirectly, or upon any account or pretence set
up, exercise or carry on, or be employed in carrying on, the
business of a clock or watch maker or clock winder, within
ten miles as the crow flies from No. , X. Street afsd, and
will not, either alone or by or with any pson or company, do
or cause to be done any wilful act or thing to the prejudice
of the sd business and prms hby assigned, but, on the con-
trary, will to the utmost of his power endeavour to promote

CONVEYANCES AND ASSIGNMENTS. 339

the interest of the sd 0. D. amongst the customers of the sd
A. B. and owise.
In witness, &c.

The Schedule above referred to.

(b) RECITALS IN CONVEYANCES.

1. Recital ^Seisin z'/^y^*?.

Whas the sd A. B. is seised in fee of the hdts hrnftr described
and hrby granted.

2. Recital ^Seisin m/^^.

Whas the sd A. B. is seised of the fee simple and inhance in
posson, free from incumbs, of and in the hdts hrnftr de-
scribed and hby granted.

3. Recital 0/ Conveyance fo Uses to bar Dower.

Whas by an indre dated &c., and made between A. B. of
the first part, C. D. of the second part, and E. F. of the
third part, the hdts hnftr described and hereby granted were
assured to such uses, upon such trusts and in such manner
generally as the sd C. B. should by any deed or deeds appt ;
and in default of and subject to any such apptt, to the use of
the sd C. B. and his assns for life, with remr to the use
of the sd E. F., his exors and admors, during the life of the
sd C. D., in trust for him and his assns, with remr to the use
of the sd C. D., his hrs and assns.

4. General Recital ^Conveyance in fee.

Whas by an indre dated &c., and made between A. B. of
the one part, and C. D. of the other part, the hdts hrnflr
described and hby assured, were assured unto and to tlie use
of the sd C. D., his hrs and assns.

340 PRECEDENTS.

5. Particular Recital ^Conveyance in fee.

And wiias by an indre dated &c., and made between the sd
A. B. of tlie one part, and G. D. of the other part, the sd
A. B. granted the hdts hrnftr described, and hby assured,
unto and to the use of the sd C. D., his hrs and assns.

6. Recital of Lease.

Whas by an indre dated &c., and made between A. B. of
the one part, and C. D. of the other part : the sd A. B.
demised unto the sd C. D. all [cop?/ the ijarcels verbatim
from the /ease], ^^ ith their rights, easemts, and appurts, to
hohl the same unto tlie sd C. D., his exors, admors, and
assns, from the [clate^ for years, subject to the pay-

ment of the yearly rent of £ , and to tlie performance

of the lessee's covts and eondons thru contd.

7. Recital ^Assignment of Lease.

And whas by an indre dated &c., and made between A. B.
of the one part and C. D. of the other part, the prems com-
prised in and demised by the hrnbfre-recited indre of lease,
were assigned [by the sd A. B.] to the sd C. D., for all the
residue of the sd term of years created by the sd

indre of lease, subject to the pmnt of the rent reserved by
and to the performance of the lessee's covts and eondons
contained in the same indre.

8. Recital ^ Mesne Assignments of Lease.

And whas by divers mesne assignments [and acts in the
law], and ultimately by an indre dated &c., and made
between A. B. of the one part and C. D. of the other part,
the prems comprised in and demised by the sd indre of
lease became vested in the sd C. D. for all the residue of
the term thby granted, subject to the pmnt of the rent

CONVEYANCES AND ASSIGNMENTS. 341

tliby reserved, and to the performance and observance of the
lessee's covts and condons therein contained.

9. Recital ^Mortgage ^Leaseholds by demise.

And whas by an indre dated &c,, and made between the sd
A. B. of the one part, and C. D. of the other part, in conson
of £ pd by the sd C. D. to the sd A. B., the sd A. B.

demised the prems comprised in the sd indre of lease to the
sd C. D., his exors, admors, and assns, for the residue of the
term granted by the sd indre of lease (except the last ten
days throf), by way of mtge to secure the repmt of the sd
sum of £

10. Recital (^ Policy of Assurance _/^r Life.

And whas by a policy of assurance under the hands of the
directors of the P. Assurance Society, dated &c., and num-
bered &c., the sum of [£500] is assured to be pd to the
exors, admors, or assns of the sd A. B. within [3] calr months
after proof of his death, subject to the annual premium of
[£9].

II. Recital of Mortgage in fee.

And whas by an indre dated &c., and made between A. B.
of the one part, and C. D. of the other part, in conson of
£ pd by the sd C. D. to the sd A. B., the sd A. B.

granted the hdts hrnftr described and hby assured unto and
to the use of the sd C. D., his hrs and assns, subject to a
prove for redon of the same prems by the sd A. B., his hrs,
exors, admors, or assns, on pmnt by him or them to the sd
C. D., his exors, admors, or assns, of £ with int for the

same at the rate, on the day, and in the manner thin mentd.

12. Recital ^Further Charge.

And whas by an indre dated &c., and made between the sd
A. B. of the one part, and the sd C. D. of the other part, in

342 PEECEDENTS.

conson of the sd sum of £ then due to the sd C. D., by

virtue of the last-reeited indre, and of the further sum of
£ then lent by the sd C. D. to the sd A. B., the hdts

comprised in the sd last recited indre were charged as well
with the pmnt of the sd sum of £ as of the sd sum of

£ with int for the same sums respy to the sd C, D., his

exors, admors or assns.

13. Recital 0/ Further Charge dy Indorsement.

And w^has by a deed poll dated &c., under the hand and
seal of the sd A. B., indorsed on the hrinbfre recited indre of
mtge, the hdts comprised in the sd indre of mtge were
charged with the pmt of the further sum of £ with int,

to the sd C. D., his exors, admors, or assns.

14. Recital ^Amount Due on Mortgage.

And whas there is now due to the sd C. D. on the secy of
the sd indre of mtge the sum of £ [together with int
thron from [tZrt^e]] or [in respect of principal, but all int
thron has been paid up to the date hrof.]

15. Recital ^Transfer of Mortgage.

And whas by an indre dated &c., and made between the sd
A. B. of the first part, the sd C. D. of the second part, and
the sd E. F. of the third part, in conson of the sum of £
pd to the sd A. B. by the sd E. F., all that the sd pel sum
of £ secured by the hrnbfre recited iudie of mtge,

and all sees for the same, were assigned unto the sd E. F.,
bis exors, admors and assns : \If the mortgage was of lease-
liolds, proceed thus ;] and all the prems comprised in and
demised by the hrnbfre-recited indre of lease were assured to
the sd E. F., his exors, admors, and assns for the residue of
the sd teim of years, subject to such equity of redon

as was then subsisting in the same prems under the sd indre
of mtge : [If the mortgage was in fee suhstitute this clause for

CONVEYANCES AND ASSIGNMENTS. 343

the last :] and all the hdts and prems comprised in the sd
indie of mtge were assured to the use of the sd E. F., his
hrs and assns, subject to such equity of redon as was then
subsisting in the same by virtue of the sd indre of mtge.

1 6. Recital ^ Death ^Mortgagee Intestate «^
to Mortmzed Estate.

And whas the sd A. B. died on &c., intestate, so far as
relates to the legal estate in the sd hdts comprised in the
hrnbfre-recited indre of mtge [leaving the sd J. B. his eldest
son and heir-at-law], or [and letters of admon to his estate and
effects were, on the [(^a^e] granted to the sd J. B. his eldest
son and one of his next of kin.] ^

17. Recital of Seisin of Testator and Will.

Whas A. B. being seised [or entitled] for an estate of in-
hance in fee simple in posson [or an estate equivalent thrto]
of [or to] the hdts hrinafr described and intended to be hby
assured, duly made his will dated, &c., and thereby gave,
devised, and bequeathed \&c.yfoUoiv the words of the devise.^

1 8. Recital of Codicils not affecting Devise of
Realty.

And whas the sd testator made several codicils to his sd
will, none of which revoked or in any manner affected the
devise of his real estates contd in his sd will.

19. Recital ^Tenancy by Curtesy.

And whas the sd A. B. died on the \date\ leaving the
sd B. B., her eldest son and heir-at-law, and on her death
the sd H. B., as the surviving husband of the sd A. B.,

^ Sec 8. 4 uf the VciKlur and ruicbascr Act, lb71 (37 & 38 Vict. c. 78).

344 PRECEDENTS.

became tenant for his life by the curtesy of England of the
sd hdts.

20. Recital of Letters of Administration.

And whas the said A. B. died [fZa/e], and letters of admon
of the estate and effects of the sd A. B., were on \date\
granted to the sd C. D. by the principal registry [or by the
district registry at W.] of the Probate Division of the High
Court of Justice.

21. Recital ^Limited Administration.

And whas letters of admon of the estate and effects of the
sd A. B., so far as relates to or concerns, &c., were on, &c.,
granted to the sd C. D. [proceed as ahove].

22. Recital of Appointment of Ne\y Trustees.

And whas by an indre dated &c., and made between &c.,
the sd A. B. and C. D.,in exon of the power for that purpose
contd in the hrnbfre-recited indre of the [date'], appointed
the sd E. F. to be a tree of the sd indre in the place of the
sd G. H.

23. Short Recital of Death of Old and Appoint-
ment of New Trustees.

And whas the sd A. B. and C. D, died on [daie8\ resply,
and by virtue of a power for that purpose contd in the
hrnbfre-recited will of the said E. F. [or by virtue of the
power in that behalf contd in the Act 23 & 24 Vict. c. 145],
the said Gr. H. and I. K. were duly apptd trees throf [or
of the sd will of the sd E. F.] [or as the case may &e], iu the
stead of the sd A. B. and C. I).

CONVEYANCES AND ASSIGNMENTS. 345

24. Recital of Revocation of Appointment of
Executor and Appointment ^Substitute.

And whas the sd A. B. made a codicil dated &c., to his sd
will, and thereby revoked the apptmt of the sd C. D. as exor
and tree of his sd will, and apptd the sd E. F. an exor and
tree throf in the place of the sd C. D.

25. Recital ^ Agreet for Sale.

Whas the sd A. B. has agreed with the sd C. D. for the
sale to him of the hdts hrnftr described and intended to be
hby granted, and the fee simple and inhuce throf in posson,
for the sum of £

26. Short Recital ^Agreet for Sale.

And whas the sd A. B. has agreed with the sd C. D. for
the sale to him of the hdts hrnftr described for the sum
of £

27. Recital /^Contract for Sale of Lands, and
that no Conveyance made.

And whas the sd A. B. some time since agreed with the sd
D. F. for the sale to him of the sd hdts, [so devised to the sd
A. B. by the sd will of the sd C. B. as afsd,] for the sum
of £ , but no convce has been executed in pursce of

such agreet.

28. Recital ^ AcREEMENTy^^r Purchase, sndjcct to
Inc2Lmbranccs.

And whas the sd A. B. has agreed with the sd C. D. for the
pche of the sd hdts for the sum of £ , subject to the

hrinbfre recited indre of mtge.

346 PRECEDENTS.

29. Recital ^Sub-Contract.

And whas the sd D. F. has agreed with the sd G. H.
to give up to him the sd G. H. the benefit of his sd contract.

30. Another Form ^Recital (t/" Sub-Contract.

And whas the sd D. F. hath agreed that the sd G. H. shall
have the benefit of the sd contract upon the terms of paying
the sd sum of £ \tlie original purchase money'] to the

sd A. B., and the sum of £ [the premium] to the sd

D. F.

31. Recital ^Purchase by Agent.

And whas the sd A. B. pched the sd hdts, as agent for and
on behalf of the sd C. D., as they the sd A. B. and C. D. do
hby resply declare.

32. Recital 0/ Agreement _/^r Sale of Leaseholds.

And whas the sd A, B. has contracted with the sd G. D. for
the sale to him of the prems demised by the sd indre of
lease, subject to the rent reserved by and to the observance
and performance of the lessee's covts and the condons contd
in the sd indre, for the sum of £

2,2,' Recital 0/ Contract for Licence to use Patent
Invention.

And whas the sd A. B. has agreed with the sd C. D. for the
sale to him of the licence to make, use and exercise the sd
invention within the sd town of X. for the term of four years
upon the terms hrnftr contd for the sum of £

CONVEYANCES AND ASSIGNMENTS. 347

34. Recital of Agreement to make new Convey-
ance and to join in confirming same.

And whas tlie sd A. B. has agreed to make a new convce of
the sd prems, and the sd C. D. and E. F. have agreed to
join thrn for the ppse of confirming and giving effect to the
same.

"i,^. Recital of Agreement by Heir to effectuate
Ancestor s Contract by joining in Conveyance.

And whas the sd A. B. has agreed to carry into effect the
sd recited contract, and for that ppse to join in these presents
in manner hrinftr appearing.

36. Recital of Agreement by Persons interested

in Pttrchase-Money to join in Conveyance.

And whas the sd A. B. and C. B. his wife, and D. E. and
F. E. his wife, being (tgor with the sd E. G. and E. M. G-. in
their own respve rights, and with the sd E. G. and G. B. as
the personal reprves of the sd K G., deceased) interested in
the sd pchse-moy under the trusts of the sd will, have
resply agreed to join ia these presents in manner hrnftr
appearing.

37. Recital of Erection of Buildings since Con-

veyance.

And whas since the exon of the hrnbfe-recited indre, the
sd A. B. has built upon the sd piece of land certain messes,
with suitable offices and outbuildings.

38. Recital of Agreement by Execiitor to Assent to

Legacy.

And whas the sd A. B. has requested the sd C. D. to join in
these presents for the ppse of assenting to the sd legacy of

348 PRECEDENTS.

£ , so bequed to him by the hrnbfre recited will, which

the sd C. D. has agreed to do.

39. Recital ^Abortive Sale of Trust Property.

And whas the sd A. B. and C. D., as such trees as afsd,
lately caused the hdts by the sd will directed to be sold to
be put up for sale by public auction, but no adequate price
having been bid for the same, the sd hdts were bought in.

( 349 )

DEEDS OF CONFIRMATION.
LXXII.

Confirmation of a Deed to which either a Widow
or a Spinster was a Party, hit luho married
before she executed the Conveyance.

This Indke, made &c., between A. B., of &e. \]iu^and'\, and
C. B. bis wife (formerly tbe witbin-named C. K.) of tbe one
part, and tbe witbin-named E. F. of tbe otber part : Wbas
since tbe engrossment of tbe witbin-written indre and before
tbe exon tbrof by tbe sd C. B., tbe sd C. B. intermarried witb
tbe sd A. B., And wbas tbe sd A. B. and C. B. bave agreed
to execute tbese presents for tbe purposes brnftr appearing :
Now THIS Indee WITNESSETH, tbat in conson of tbe prems
and in pursce of tbe sd agreet tbe sd A. B. and 0. B. do and
eacb of tbem dotb hby ratify and confirm tbe witbin-written
indre and tbe several covts and provons tbrin contd. To tbe
iiitent tbat tbe witbin-written indre sball notwitbstanding
tbe sd marre bave tbe same effect as if tbe sd indre bad
before sucb marre, and witb tbe privity and consent of tbe
sd A. B. been duly executed by tbe sd C, B. by ber tben
name of C. K.

In WITNESS, &c.^

LXXIII.

Deed of Confirmation by a Married Woman to be
indorsed on Assignment of Leaseholds which ^ by
mistake, had not beejt acknowleged by her.

This Indke, made &c., between A. B. and C. B. bis wife of
tbe first part, and E. F. and G. F. bis wife of tbe second

^ N.B. — If this deed relates to real estate or any interest therein it must
be acknowledged by the wife.

350 PKECEDENTS.

part, and I. J. of the third part : Whas the within mentd
W. X. duly made his will dated, &c., and thby {inter alia)
devised and bequed all the real and persnl este of or to which
he should at his dece be seised, possed, or entitled, or over
which he should have any general power of testy disposition
(except estes vested in him by way of mtge or upon any
trust) Unto and to the use of his wife V. X. and the sd T. J.
upon certain trusts in the sd will mentd. And he apptd his
sd wife and the sd T. J. exix and exor of his sd will.

And whas [death and lirobate^

And whas the sd V, X. died on [date].

And whas the este of the sd W. X. is in course of admon
by the High Ct of Justice in an action in which M. N. and
ors are pits, and the sd T. J. is deft, and by an order made
in the sd action on [date] the pres comprised in the within-
written indre have been directed to be sold.

And whas the within-wiitten iudre has not been acknow-
ledged by the sd within named C. B. and G. F., in pursce of
the Fines and Kecoveries Abolition Act, and doubts are
entertained as to whether the sale or arrangement in the
nature of or purporting to be a sale recited in the within-
written indre is binding upon the sd 0. B. and G. F. or eir
of them.

And whas the sd C. B. and G. F., with the concurrence of
their respive husbands, and at the request of the sd T. J.,
and for the ppse of enabling him to carry into effect the sd
order for sale, have agreed to execute and ackndge these
presents by way of confirmon of the title of the sd T. J. to
the within-mentd hdts and pres.

Now THIS Indre witnesseth that in pursce of the sd
agreet in this behalf and in conson of the pres she the sd
C. B., with the concurrence of the sd A. B,, and she the sd
G. F., with the concurrence of the sd E. F,, do and each of
them doth hby assign, release, and confirm, and the sd A. B.
and E. F. do hby also resply release and confirm unto the
sd T. J. his exors, admons, and assns. All the hdts and
pres in the within- written indre described and expressed to
be thrby assured Together with [general words com]prising

DEEDS OF CONFIRMATION. 351

tlie interest of A. B. , C. B., G. F, and E. F. in the 'pres.'] To
HAVE AND TO HOLD the sd hdts and pres hrby assured
(Freed and discharged from all claim or equity to a settle-
ment by tlie sd C. B. and G. F. or either of them, and from
all other claims or demands whatsoever by them or their
respiye husbands or eir of them).

Unto the sd T. J., his exors, admons, and assns, for all the
residue now to come of the within-mentd term of ninety-nine
years.

Upon the trusts upon which the same ought to be held
under or by virtue of the sd will of the sd W. X. and the
sd order for sale.

And each of them the sd A. B., C. B., E. F., and G. F.,
so far as relates to his or her own acts and deeds (and as
respects each of them the sd C. B. and G. F. for the purpose
of binding, so far as may be practicable, her separate este in
equity) doth hby [covt against incumbrances, see p. 329].

In witness, &c.^

^ This deed must be separately acknowledged by C, B. and G. F.

352 PRECEDENTS.

DEEDS OF COVENANT.

LXXIV.

Covenant to produce Deeds.

This In dee, made &c., between A. B., of &c., of the one part,
and C D,, of &c., of the other part : Whas [recite conveyance
to G. D.] ; And whas the several deeds and writings mentd
in the schedule hereto are in the posson of the sd A. B., and
concern the title not only of the said messe, farm and lands
at X. afsd, but also of certain lands and hdts of the said
A. B., situate at Y. in the county of Middlesex : Now this
Indee WITNESSETH, that in pursuance of an agreement in
this behalf, he the sd A. B. for himself, his hrs, exors, and
admors, doth hby covt with the sd C. D., his hrs and assns,
that he the sd A. B., his hrs or assns, will at all times
(unless prevented by fire or other inevitable accident), upon
every reasonable request and at the cost of the sd C. D,, his
hrs or assns, produce and show to the sd C. D., his hrs or
assns, or to such pson or psons as he or they shall require, or
to his or their counsel, agents, or solicitors, or to or before
any court or courts of law or equity, or otherwise as occasion
shall require, the several deeds and writings mentd and
described in the schedule hereto, or any of them ; and will
at the like request and cost at all times, unless prevented as
afsd, make and deliver to the sd C. D., his hrs or assns, fair,
true, and attested copies, abstracts, or extracts from such
several deeds, or any of them, and permit the same to be
examd and verified with the originals either by the sd C. D.,
his hrs or assns, or any other pson or psons whom he or they
shall appt for that ppse : And that the sd A. B. will in the
meantime, unless prevented by fire or other inevitable
accident, keep the same deeds and writings safe, whole, and

DEEDS OF COVENANT. 353

uncancelled [provided always, and it is hby agreed and decld,
that if the sd A. B., his hrs or assns, shall at any time
hrftr sell and dispose of the sd estate to which the sd several
deeds and writings relate as afsd, or any part thof, and shall
procure the pcher or pchers thof to enter into a like covenant
to that which is hrnbfre contd with the sd C. D., his hrs or
assns, for the prodon and delivery of copies of the sd several
deeds and writings in manner afsd, then the covt hrnbfre contd
for that ppse shall from thenceforth cease and be void ; and
these presents shall, at the request of the sd A. B., his hrs,
exors, or admors, be delivered up to be cancelled].

In witness, &c.

LXXV.

Mutual Covenants by Ptcrchasers of Building Land
where it is intended the Buildings shall be
Uniform/

This Indre, made &c., between \oivner\ of the one part,
and \^urclia%ers\ and the several other persons who shall at
any time hrftr execute these presents, of the other part :
Whas the sd [owner] is seised in fee in posson of a piece of
land containing acres, situate on the South Cliff, at

Kamsgate, part of which he has laid out in separate lots or
divisions for the erection of a row of houses thron, intended
to be called Nelson's Crescent, and the form of the front
building line of the sd houses is delineated in a ground plan
appearing in these presents, and contains, including the
curve, 400 feet in front towards the south-east ; and whas,
in order to preserve some degree of similarity and uniformity

^ The above is the form of the indenture in Whatman v. Gibson, 9 Sim.
196. An injunction will be granted to restrain a breach of the above deed ;
but in the different conveyances to the jiurchasers this indenture must be
plainly referred to, so as to fix the several sub-purchasers with notice of it,
otherwipe the court will not interfere as against them. Nor will the court
grant an injunction against persons with notice who claim under a pur-
chaser without notice of such a covenant: Attorn ey-Oeneral v. BipJios-
phated Guano Co. 26 W. K. 533.

2 A

354 PRECEDENTS.

of appearance in such intended row of houses, the sd [owner]
has determined that it shall be a general and indispensable
Condon of the sale of all land intended to form any part of
such row, that the several proprietois of such land resply for
the time being shall observe and abide by the several stipu-
lons and restrictions hrnftr coutd in regard to the several
houses to be erected thron, and in all other parlars ; and
that the sd [oimer] and his hrs shall at all times observe the
like stipulons and restrictions as to such of the lots or divi-
sions of the same land as for the time being shall remain
unsold by him or them ; And whas the sd [purchasers] have
severally agreed to purchase of the sd [oivner] Lots 1 to 10
part of the sd intended row, and appearing on the sd plan,
subject to the proposed stipulons and restrictions : Now
THIS Indke WITNESSETH, that, in conson of the prems and
in pursce of the condons afsd, and for effectuating the plan
afsd, it is hereby mutually agreed by and between the sd
[owjier], [purchasers] and the several other psons who shall
at any time or times hrftr execute this indre (the respive
times of the excon thot' by the several parties being ex-
pressed in the several attestations thof), and each and every
of them the sd [owner,] [purchasers] and such several other
psons as afsd, mutually and reciproccilly, in manner following
(that is to say), that the front wall of every house in the sd
intended row shall be brought immediately up to, but shall
not in any case project beyond, the building line shown on
the sd plan ; and also that none of the houses in the sd
intended row shall have bow windows of any sort ; and also
that the area in front of the sd houses shall be of the width
of five feet in the clear, and shall extend the whole length
thof, and that the forecourt in front of each house shall be
surrounded by a uniform railing of iron or wood, which shall
not extend beyond the height of four feet from the surface
of the ground there ; and also that the wall of partition
between the several houses and the areas in front of the yard
and garden behind such houses respectively shall be placed
equally on the ground of the two proprietors of adjoining
houses or ground, and shall at all times be considered as

DEEDS OF COVENANT. 355

party-walls, and shall be built at the joint expense of the
two proprietors of the adjoining houses or ground ; but if
any of them shall be first aud originally built at the sole ex-
pense of eir of the proprietors of the adjoining houses or
ground, then the proprietor who shall so first and originally
build such walls shall build a brick party-wall nine inches
thick, and at the height of seven feet from the surface of the
ground from the front building ground thi-oughout, and one
half of the expense thof shall be paid to the proprietor who
shall have so built the same, by the proprietor of the adjoin-
ing house or ground, within three calendar months after the
proprietor of the adjoining house or ground shall begin to
erect his or her house in the principal front; and also that
the proprietor of such adjoining house or ground shall also
pay one half part of the expense of so much of the residue
of the party-wall as he shall make use of and build to, within
one calendar month after he shall make use of and build to
the same, and the expense in both cases, if any difference
shall arise thereon, shall be determined by admeasurement
and value ; and also that none of the proprietors of the
houses or grounds in the sd intended row shall lay any
chalk or mould which shall be dug out of any of the lots of
land appearing on the sd plan, on the foot, horse, or carriage
way in front of the sd row, or on the land lying between
the sd way aud the edge of the sea cliff; and also that the
piece or slip of laud of the breadth of twenty-nine feet,
intended to be mentd in the conveyances to the several pur-
chasers, beyond the area steps of entrance and forecourt,
shall at all times hrftr remain open and unincumbered as
and for a free foot, horse, and carriage way in front of the
sd intended row, and shall be formed, made, maintained, and
kept repaired at the expense of the several proprietors of the
sd houses in the sd row, in propon to the extent of front
towards the south-east of each respve house ; and also that
none of the proprietors of any of the lots for the time being
shall at any time or times, or on any account whatsoever,
erect or suffer to be erected on any of the several lots whicli
shall resply belong to them for the time being, or on any

2 A 2

356 PEECEDENTS.

part of them, any public livery stables or public coach house,
or use, exercise, or carry on, or suffer to be used, exercised,
or carried on, through or on any part thereof, the trade or
business of a brass founder, tobacco pipe maker, common
brewer, tallow chandler, soap boiler, distiller, innkeeper,
common ale-house keeper, brazier, working smith of any
kind, butcher, or slaughterman, or any other noxious or
offensive trade or business whby the neighbourhood might
be in any respect endangered or annoyed, or burn or make,
or suffer to be burnt or made, on any of the sd lots or on any
part of them, any bricks or lime; and also that no other
building or buildings than good dwelling-house or dwelling-
houses or lodging-liouses shall be erected on the said lots or
any of them.
In witness, &c.

LXXVI.

Deed of Covenant by Riparian Owners to preserve
the Rivers A. and W. and the Water therein
zvithin certain Limits Pure and free from Rubbish.^

Whas the several psons whose names and seals are hereto
resply subscribed and affixed (hrnftr called "the parties
hrto "), are the owners of property situate on the banks of
or contiguous to that part of the rivers A. and VV. resply,

^ Persons having a commou interest may agree to unite in a defence, but
the agreement must not go beyond the common object ; and, therefore, an
agreement by several owners aud occupiers of land in a parish to concur in
defending any actions that maybe commenced against any of them by the
]iresent or any future rector for the tithes of articles covered by certain
specified moduses or any other moduses, binding themselves not to com-
promise or settle, and not limited to their continuance in the parish or to
any particular time, is illegal. Stow v. Yea, Jacob, 427.

Millowners bound themselves by a bond to stop their mills jjursuant to
resolutions passed by the majority (the object in fact being to prevent
strikes by their workpeople). Held, that the bond was illegal at common
law, as being contrary to public policy, and in restraint of trade, and of
the free action of individuals, and was incapable of being enforced by
action. Qusere, whether the entering into such a bond is an indictable
offence? Eilto^i v, Eckershy, 4 W. R. 326.

DEEDS OF COVENANT. 357

which, commencing as to the A. at B., and as to the W. at
C, extends as to both to D., all in the county of Y. : And
whas tlie parties hrto for the ppse of preventing injury to
their ppty afsd by the deposit in or discharge into the sd
rivers within the limits afsd of any stones, clay, soil, or
ashes, dirt, rubbish, or other refuse matter, or from obstruc-
tions or nuisances caused or created in the sd rivers resply,
have agreed to enter into the covts hrnftr contd : Now this
Indre witneth, that, in pursce of the sd agreet and in
conson of the prems, each of them the parties hrto, so far as
the covts hrnftr contained are to be performed by him, his
hrs, exors, or admors, doth for himself, his hrs, exors, and
admors, covt with the others of them the parties hrto, thr
exors and admors, and also with any two or any greater
number of the ors of them the parties hrto, thr exors and
admors, and also with each of the ors of them, the parties
lirto, his exors and admors, in manner following (that is to
say), that they the parties hrto will not at any time daring
the period of fifteen years commencing from the day of the
date hrof, deposit or discharge any stones, clay, soil, aslies,
dirt, rubbish, or other refuse matter in or into the sd rivers
within the respive limits afsd, nor will at any time during
the period afsd do or suffer to be done any act or thing
whatsoever which may tend to the obstruction of the sd
rivers or eir of them within the limits afsd, or which may be
or become a nuisance, detriment, or annoyance to any other
of the parties hrto, or whereby any one or more of them
may during the period afsd be prevented from enjoying
the full benefit and advantage of the water of the sd rivers
resply within the limits afsd, or be in anywise prejudicially
afftcted; and also that the parties hrto resply will at all
times during the period afsd to the best of thr respive
ability prohibit and prevent all persons from discharging
any stones, clay, soil, ashes, dirt, rubbish, or other refuse
matter into the sd rivers or eir of them within the limits
afsd, or from doing any thing whereby the supply of water
to the parties hrto resply may be in anywise obstructed
or lessened, or rendered impure, or whereby the esto or

358 PEECEDENTS.

effects of tbem, or any of tliem, may be in anywise pre-
judicially affected; and also that the parties hrto resply,
thr respive heirs, exors, and admors, will give all the aid
and assistance in thr respive power (both by subscribing
from time to time such sums of money not exceeding upon
any one occasion the sum of £5, or by any otlier means
that may be considered most advisable by a majority of
them, or of the parties for the time being interested under
these presents to be assembled at any meeting after due
notices in writing have been given to them resply or left at
thr respive usual or last known places of abode at least one
week before the sd meeting) to or towards any proceeding at
law or orwise against any pson or psons whomsoever who
shall discharge any stones, clay, soil, ashes, dirt, rubbish, or
other refuse matter into the sd rivers, or eir of them within
the limits afsd ; and also will upon the determon and ap-
plicon of such majority as afsd do all such farther or other
lawful and reasonable acts, and also enter into such further
deeds, as may be considered necessary for the further,
better, and more perfectly prohibiting or preventing the
discharge of any stones, clay, soil, ashes, dirt, rubbish, or
other refuse matter into the sd rivers, or eir of them, within
the limits afsd ; and also for the farther and more perfectly
prohibiting or preventing any other pson or psons from dis-
charging any stones, clay, soil, ashes, dirt, rubbish, or other
refuse matter into the sd rivers, or eir of them within the
limits afsd, or orwise annoying or prejudicially affecting the
parties hrto, or any of them, thr or any of thr hrs, exors, or
admors, or thr or any of thr estates or effects, by obstructing
the course or lessening the quantity of or rendering impure
the water of the sd rivers, or eir of them, within the limits
afsd : and also all such other things as may be considered
necessary or expedient by such majority as afsd : and also
that each of them the parties hrto, his exors and admors, will
at all times during the period afsd defend and keep indem-
nified all and each of the ors and other of them the parties
hrto, thr and his exors and admors, and thr and his estate and
effects, from and against all actions, suits, accounts, reckon-

DEEDS OF COVENANT. 359

ings, costs, damages, claims, and demands whatsoever, which
they or he may incur or sustain by reason of thr or his com-
mencing or prosecuting any proceeding at law or orwise under
this indre, and for the ppse of effectuating the same : Pro-
vided always, that all moneys that shall be required for the
ppse of carrying these presents or anything hrn contd or
relating thereto into exon or effect shall, subject to the
proven hrnftr contd, be contributed in equal shares by the
parties hrto, thr respive exors or admors : Provided always,
that no one of the parties hrto, his hrs, exors, or admors,
shall be liable to pay any greater sum of money, or bear or
be put unto any greater risk in proportion to the value of
his property or interest than the other or ors of them, thr or
his hrs, exors, or admors, unless it shall be declared or re-
solved orwise by a majority of the parties hrto assembled at
any meeting to be called as afsd : Provided also, that no
proceeding at law or orwise shall be commenced or prose-
cuted by any of the parties hrto, thr or any of thr hrs, exors,
or admors, unless and until the party so taking, commencing,
or prosecuting the same shall have first obtained an autho-
rity in writing so to do, signed by the majority present at a
meeting to be called as afsd for the ppse of conferring such
authority.
In witness, &c.

360 PRECEDENTS.

DISCLAIMERS.

LXXVII.

Disclaimer of Trusts of Will.

To ALL TO WHOM these presents shall come, A. B., of &c.,
sends greetint^ : Whas C. D., late of &e. by his will, dated
&c., appointed the sd A. B. and E. F. trees and exors thereof;
and also appted his wife and the sd A. B. and E. F. guardians
of his infant children ; and he thrby also bequd his leasehold
messe X., unto the sd A. B. and E. F., their exors, admors,
and assns, upon the trusts thru declared ; and also devised
and beqvid unto the sd A. B. and E. F., their hrs, exors,
admors, and assns. all and singular his freehold and leasehold
estes, and the residue of his personal este, To hold the same
unto the sd A. B. and E. F., their hrs, exors, admors, and
assns, according to the nature and quality thof resply, upon
the trusts thrin declared ; And whas the sd C. D. died \date\
without having revoked or altered his sd will, and the same
was proved by the sd E. F. alone on the \diate\ the Principal
Registry of the Probate Division of the High Court of
Justice, the sd A. B. having first renounced probate thof; And
whas the sd A. B. has in nowise administered to the este of
the sd testator nor acted or interfered in the exon of the trusts
of the sd will, or as guardian of the children of the sd testator.
Now THESE PRESENTS WITNESS, that he the sd A. B. doth
renounce and disclaim all and singular the sd leasehold
messe and premises in X., and all and singular the sd
testator's freehold, leasehold este, and the residue of his
personal este, and all and singular other the real and per-
sonal este and effects whatsoever given, devised, or bequd
by the sd will, and all devises, bequests, legacies and benefits

DISCLAIMERS. 361

made or given to liim by the sd will, and also the sd office of
tree and exor of the sd will and guardian of the children of
the sd testator, and all trusts, powers, authorities, rights,
and privileges whatsoever under the sd will.
In witness, &c.

Lxxviir.

Disclaimer of Trusts of Will — Short Form.

To ALL TO WHOM these presents shall come, A. B., of &c., sends
greeting : Whas C. D., late of &c., made his will, dated &c.,
and thby apptd the sd A. B. and T. S., of &c., exors, and
devised and bequeathed all his real and psnl estes unto the
sd A. B. and T. S., their hrs, exors, ad mors, and assns, upon
the trusts and for the intents and ppses thru mentd ; And whas
the sd C. D. died on &c., without having revoked or altered
his sd will ; and whas the sd A. B. has not acted in the
trusts and exorship of the sd will or accepted any of the
devises or bequests thrby made to him : Now this Indre
WITNTH, that the sd A. B. doth disclaim all the devises and
bequests to him made, and all the trusts, powers, and dis-
cretions reposed or vested in him in and by the sd will,
either jointly with the sd T. S. or otherwise.
In WITNESS, &c.

LXXIX.

Disclaimer by Trustees of Copyholds in order that
One of their Number only may take Admittance.

This Indre, made &c., between [cUsdaiming trustees], of
the one part, and [continuing trustee] of the other part :
Whas [here recite will, death of testator, and jproof of tvill as
in two previous forms] ; And whas no person has since the
decease of the testator been admitted to the sd copyhold
hdts holden of the manors afsd, or any of them ; And whas
the sd [disclaiming trustees], and also the sd [continuing
trustee], are resply desirous that the sd copyhold hdts

3 6.2 PRECEDENTS.

holden of the manors afsd should be vested in the sd [eon-
tinuing trustee], solely to the intent that he alone may be
admitted thrto, and for that ppse the sd [disclaiming trustees^
have resply agreed to execute the disclaimer and release
hrnftr contd : Now this Indee witnth, that in pursuance
of the sd agreet they the sd [disclaiming trustees'] do hby
disclaim all and singular the copyhold hdts devised by the
sd will of the testator, and holden resply of the manors of
&c. [except as to the sd C. U. the power of appmt and the
beneficial interest for her life resply given to her by the sd
will] : And this Indee further witnth, that, in further
pursce of the sd determon, they the sd [disclaiming trustees^
do and each of them doth hby release unto the sd [continuing
trustee'] and his hrs all and singular (if any), thr right to
be admitted, or other thr right, este and interest, if any, of
and in the sd cyhold hdts held of the sd manors of &c., with
the rights, members, and appurts thrto belonging [except
as to the sd C. D. the power of apptmt and beneficial interest
for her life resply given to her by the sd will] to the intent
that, by virtue of the sd disclaimer and, if need be, of this
rele, the right to be admitted to and to hold the sd hdts and
all and singular the prems may be vested in the sd [continu-
ing trustee], and his hrs, as sole tenant or tenants thof,
according to the customs of the sd manors resply.

In witness, &c.^

^ As to the above disclaimer, see Lord Wellesley v. Withers, 24 L. J.
Q. B. 139.

( 363 )

DISENTAILING DEED.

LXXX.

Disentailing Deed by Tenant in Tail, with the
Consent of the Protector.

This Indre, made &c., between C. D., of &c. \tenant in
tail\ of the first part, E. D., of &c. \_'pTotector\ of the second
part, and G. H , of &c. [releasee] of the third part : Whas
by indres of lease and rele, dated resply &c., release being
made between [parties], the hdts hrnftr assured were limited
to the use of the sd A. B. and his assns for his life, without
imphmt of waste, with remr to the use of the sd E. D. and
his assns for his life, without impchmt of waste, with remr to
the use of the sd I. K. and his hrs during the lives of the
sd A. B. and E. D., and of the survor of them, in trust for
them, and to piv serve contingent remrs, with remr to the
use of the first and other sons of the sd E. D. on the body
of L. M. begotten or to be begotten successively, according
to their resive seniorities, in tail, with divers remrs over;
And whas the sd C. D. was the first and eldest son of the sd
E. D. on the body of the sd L. M. begotten, and he attained
the age of twenty-one years on [date] ; And whas the sd
A. B. died on [date] ; And whas the sd C. D. is desirous of
barring the sd este tail, and all other estes tail of him the sd
C. D. of or in the hdts huftr assured, and all remrs, revons,
estes, rights, interests, and powers, to take effect after the
determon or in defeazance of such este tail or estes tail, and
of assuring the same hdts to the uses, upon the trusts, and
subject to the power hrnftr contd (subject to the estes by the
sd indre limited, which precede the este tail thby limited to
the first son of the sd E. D., and to the powers and privileges
to the same preceding estes annexed, so far as the same

364 PRECEDENTS.

estes, powers, and privileges are now subsisting or capable of
taking effect) ; And wlias the sd E. D. as protector of the sil
stlmt, has agreed to concur in these presents for the purpose
of giving his consent to the disposon intended to be hby
made by the sd C. D.

Now THIS Indee WITNESSETH, that for effectuating the
sd desire of the sd C. D., and in conson of the prems,
he the sd C. D., with the consent of the sd E. D., testified
by his being a party to and executing these presents, doth
hby grant unto the sd Gr. H. and his hrs, all [parcels], and
also all other the hdts (if any) which are now subject to
the subsisting uses of the sd indre of &c., To hold the pd
hdts unto the sd Gr. H. and his hrs, subject to the estes by
the sd indre of &c., limited, which precede the este tail by
the same indre limited to the sd C. D., and to the powers
and privileges to the same precedent estes annexed during
the continuance thof, so far as the same are now subsisting
or capable of taking effect, but freed and discharged from
the sd este tail, and all other estes tail of the sd C. D., and
all remrs, revons, estes, rights, titles, interests, and powers,
to take effect after the determon of such este or estes tail.
To THE USE of the fed C. D. his hrs and assns.
And the sd E. D., so far as relates to his este for life
in the prems, doth hby for himself, his hrs, exors, and
admors, And the sd C D., so far as relates to his remr in fee
expectant upon the same life este, doth hby for himself, his
hrs, exors, and admors, covt with the sd Gr. H., his hrs and
assns, that notwithstanding anything by the sd now cove-
nanting parties resply, or any person through whom they
resply derive title orwise than by way of pche for valuable
conson, done, omitted, or knowingly suffered, &c. [covenants
for title as in Form XLIX., |). 302.]

In witness, &c.

( 365 )

LEASES AND TENANCY AGREEMENTS.
LXXXI.

Agreement for Tenancy of a small House for
Three Years^

An Agreet made the \_daie\ between A. B , of &c., of the
one part, and C. D., of &c., of the other part : —

1. The sd A. B. lets, and thesd 0. D. takes, from the date
hrof, for the term of three years, all that messe known as
No. 1, X. Street, in the parish of Y., with the yard, garden,
outbuildings, and appurtenances thrto (as the same were
lately in the occupation of G. H.) at the yearly rent of £20.

2. The sd C. D. shall pay the sd rent quarterly (the first
qtr's pmnt to be made on the \_dateW and shall also pay all
rates, taxes, and other outgoings whatsoever in respect of the
prems (except only property tax).

3. The sd A. B. shall, during the term, keep the prems in
tenantable repair.

4. The prems shall be used by the sd C. D. as a private
dwelling-house only, and no structural alteration shall be
made by him in the same, nor shall any trade or occupation
be carried on thrin, nor shall the sd C. D. allow any sale by
auction to take place on the prems.

As WITNESS, &c.

Lxxxir.

Tenancy Agreement of House y^r less than Three
Kmri-^CoNCiSE Form.

An Agreet made &c., betneen A. B., of &e. (hrnftr called
the landlord) of the fir^t part, and C. D., of &c. (hrnftr called
the tenant) of the second part.

^ This agreement takes effect as a lease, and must be stamped as siicli.
See pp. 9, JOl.

366 PRECEDENTS.

The landlord agrees to let and the tenant agrees to take
the prems hrnftr described upon the terms hrnftr expressed.

Premises. — [insert description.']

Term. — For nine months certain, commencing from the
\_date'], since which time the tenant has been in posson.

Eent. — £120, payable quarterly, on the 21th March, 25th
June, and 29th September ; tlie first payment to be made on
the 25tli March next, but the last quarter to be paid twelve
days before Michaelmas ; landlord to bear and pay all rates,
taxes, assessments, and outgoings of all kinds, except gas rate.

Use. — Premises to be used as a private residence only, but
this not to interfere with the profession of a physician or
surgeon carried on by the tenant, and nothing to be done or
carried on therein to vitiate any insurance or to increase the
premium ; tenant not to assign or underlet without landlord's
permission in writing.

Eepairs. — Tenant to repair broken windows, to clean
out gutters, pipes, and make good all damages caused by
non-removal of snow, as well as any other wants and amend-
ments which may be rendered necessary through the tenant's
neglect or default.

View. — Landlord or his agent, workmen, or servants, may
at all reasonable times enter to view the prems to do all
repairs he may think requisite (but landlord not to be re-
quested to do any repairs), and for all other necessary
purposes.

Ee-ektry. — If any quarterly payment of the afsd rent be
at any time in arrear for twenty-eight days, or if the prems
at any time be left vacant, or the tenant become bankrupt
or insolvent, or shall break or make default in any of the
stipulons hrnbfr contd, the landlord may, after one weeks'
notice (signed by himself or his agent) to be left at or
affixed to the door or some other conspicuous part of the
prems, but without any other formality, retake posson of the
prems as if this agreet had not been made, but without pre-
judice to any other remedies he may have.

Bill " to let." — Landlord to be at liberty one month
previous to the expiration of the tenancy to put a bill in the

LEASES AND TENANCY AGREEMENTS. 307

front drawing-room window for reletting the prems, and the
tenant to keep the same always exposed to view, and to
afford facilities for intending tenants to view the prems at
all reasonable hours.

Expenses. — Tenant to pay £2 towards the expenses of
this agreement.

As WITNESS, &c.

Lxxxiir.

Agreement for Weekly Tenancy of a Cottage
between a Manufacturer or Colliery Owner and
his Workmen.

An Ageeet made the day of, &c., between A. B., of X,

Mills, &c. [or colliery] (hrinftr called the landlord) of the
one part, and C. D., of &c., afsd (hrinftr called the tenant)
of the other part, whereby the landlord agrees to let and the
tenant agrees to take the cottage or tenement known as
No. 1 W. Street, at X., in the parish of Y., in the county of
Z., with its appurts, upon the following terms (that is to
say) :—

1. The tenancy shall commence on the day of &c.,
and continue for one week and thenceforward from week to
week until the same shall be determined by a week's notice
to quit in writing, terminating with a current week to be
given either by landlord or tenant to the other, and which
notices may resply be given by causing the same to be left
in the case of notice by the landlord, at the cottage afsd,
and in case of notice by the tenant at the office of X. Mills
[or colliery] afsd.

2. The rent shall be 5s. per week, and shall be payable
weekly without deduction, and in case of notice to quit
being: given on either side the rent for the last week of the
tenancy shall be payable in advance.

3. It shall be lawful for the landlord to stop and deduct
out of any wages for the time being payable by him to
the tenant as his overlooker, woolsorter, spinner, weaver,

368 PRECEDENTS.

mechanic, pitman, miner, workman, artificer, servant, or
orwise, any sum or sums which shall be payable for the time
being by the tenant to the landlord for rent of the sd prems.

4. The tenant shall, at his own expense, keep clean, in
good order and condon the privy used with the sd cottage,
and also such part of the waste land in the rear of the sd
cottage as is immediately opposite thereto, and sweep the
chimneys when necessary, and keep the sd cottage in clean,
wholesome, and decent condon. And the tenant shall also,
at his own expense, repair, or make good, all broken windows
and other glass, locks, bolts, hooks, door handles, bells, bell
wires, hinges, latches, window fastenings, and sash lines,
and also all damage, waste, spoil, and unreasonable wear
and tear done or committed wilfully, negligently, or care-
lessly by the tenant, his family, or lodgers, and in case the
tenant after being required to do any of the things by this
clause agreed by him to be done shall for the space of seven
days neglect or omit to do the same the landlord may do the
same and the tenant shall repay to the landlord all sums
expended by him in so doing within seven days after that
such sums shall have been so expended, after which last-
mentd period of seven days such sums so expended shall be
deemed to be rent in arrear and shall be recoverable accord-
ingly by distress or by deduction from wages as afsd, or by
any other legal remedy.

5. Save as afsd, the landlord will at his own expense keep
the prems in tenantable repair.

6. The landlord and all persons authorized by him may
at all reasonable hours in the daytime enter upon the prems
and every part thereof, to view the state thereof, and to
repair the same.

7. The prems shall not be used as a shop for any trade or
business.

8. The tenant shall not assign, underlet or part with the
possession of the prems or any part thof without the written
consent of the landlord, but this clause is not to prevent the
tenant from taking lodgers.

9. Upon determination of his tenancy the tenant shall

LEASES AND TENANCY AGREEMENTS. 369

peaceably give up possession of the prems and fixtures to the
landlord in a clean condition, and if the tenant shall neglect
or refuse so to give up possession, the landlord may take
possession of the sd prems and expel the tenant forcibly if
necessary.

10. Tlie tenant performing his part of this agreement may
quietly enjoy the prems during his tenancy without any
eviction, interruption, or disturbance, by the landlord or any
person claiming through or in trust for him.

As WITNESS, &C.

LXXXIV.

Lease of a House.

This Indre, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part, Witneth, that, in
conson of the rent hereby reserved, and the covts hrnaftr
contd, the sd A. B. doth demise unto the sd C. D., all &c.
[Insert description of house], To hold unto the sd C. D,,
his exors, admors, and assns, for twenty-one years from
[date], yielding and paying therefor yearly unto the sd
A. B., his hrs and assns, the rent of £ by quarterly

pmfs on the usual quarter days, the first pmt to be made
on [date]; And the sd C. D. doth hby for himself, his
hrs, exors, admors, and assns, covt with the sd A.B,, his
hrs and assns, that the sd C. D., his exors, admors, and
assns, will during the sd term pay unto the sd A. B., his
hrs and assns, the rent hereby reserved in manner hrnbfe
mentd, without any deduction (except landlord's property
tax) ; and also will pay all taxes, rates, duties, and assmts,
whether parochial, parly, or orwise, now charged or hrftr to
be charged on the prems or the lessor on account thof (except
only the ppty tax) ; and also will during the sd term well
and sufficiently repair, maintain, pave, empty, cleanse,
amend, and keep the demised prems and every part thof,
with the appurts, in good and substantial repair and condi-
tion ; and also will in every third year of the sd term paint

2 B

370 PRECEDENTS.

all the outside wood work and iron work belonging to the
prems with two coats of proper oil colours in a workman-
like manuer ; and also will in every seventh year paint the
inside wood, iron, and other work now or usually painted with
two coats of proper oil colours in a workmaDlike manner :
and also repaper with paper of such quality as at present
such parts of the prems as are now papered; also wash, stop,
whiten, or colour, such parts of the prems as are now plastered,
and also will forthwith insure and keep insured the prems in
the sum of [£1500] in some respectable insurance office in
the joint names of the sd A. B. and C. D., and will upon the
request of the sd A. B., his hrs or assns, or his or their
agent, show the receipt for the last premium paid for such
insurance for every current year, and as often as the prems
shall be burnt down or damaged by fire all and every the
sums or sum of money which shall be recovered or reed by
the sd 0. D., his exors, admors, or assns, in respect of such
insce shall be laid out by him or them in building or repair-
ing the demised prems, or such parts thof as shall be burnt
down or damaged by fire ; [And it is hrby declared and
agreed, that in case the prems hrby demised, or any part
thof, shall at any time during the sd term be burnt down or
damaged by fire so as to render the same unfit for habita-
tion, then and so often as the same shall happen the rent
hby reserved, or a proportionate part thof, according to the
nature and extent of the injury sustained, and all remedies
for recovering the same, shall be suspended and abated
until the prems shall have been rebuilt and made fit for
habitation.] And also that it shall be lawful for the sd
A. B., his hrs or assns, and his or their agents, at all season-
able times during the sd term to enter the demised prems,
to take a schedule of the fixtures and things made and
erected thereupon, and to examine the condition of the sd
prems, and that all wants of reparation which upon such
views shall be found, and for the amendment of which notice
in writing shall be left at the prems, the sd C. D,, his exors,
admors, and assns, will within three calr months next after
every such notice well and sufficiently repair and make good
accordingly ; [and also will not convert, use, or occupy the

LEASES AND TENANCY AGEEEMENTS. 371

sd prems, or any part thof, into or as a shop, warehouse, or
other place, for carrying on any trade or business whatso-
ever, or suffer the sd prems to be used for any such purpose
or orwise than as a private dwelling-house.] [And also will
not during the sd term assn, transfer, or underlet the de-
mised prems, or any part thof, without the consent in writing
of the sd A. B., his hrs or assns.]^ And also will at the ex-
piron or sooner determon of the sd term peaceably yield up
the demised prems with the appurts and all additions thrto
unto the sd A. B., his hrs or assns, together with all build-
ings and fixtures thereon, in good and substantial repair
and condition in all respects : Provided always, that if the
rent hby reserved or any part thof shall be unpaid for
twenty-one days after any of the days on which the same
ought to have been paid (although no formal demand shall
have been made thereof), or in case of the breach or non-
performance of any of the covts hrn contd on the part of the
sd C. D., his exors, admors, and assns, then and in either of
such cases it shall be lawful for the sd A. B.,his hrs or assns,
at any time thftr into and upon the demised prems or any
part throf in the name of the whole to re-enter, and the same
to have again as in his or their former este : ^ And the sd
A. B. doth hby for himself, his hrs, exors, admors, and
assns, covt with the sd C. D., his exors, admors, and assns,
that he and they, paying the rent hby reserved and perform-
ing the covts hrnbfre on his and their parts contd, may
peaceably enjoy the demised prems for the term hby granted
without any interruption or disturbance from the sd A. B.,
or any person lawfully claiming through or in trust for him.
\_In an underlease the following covenant should be added :]
And that the sd A. B., his exors, admors, and assns, will
during the sd term (if not prevented by fire or other inevit-

^ Instead of this, the following clause may be used : —
And that the sd C. D,, his exors, adniors or assns, shall not at any time
during the sd term, assn or underlet the prems hby demised, or any part
thof, without the previous consent in writing of the sd A. B., his hrs or'
assns, provided, nevertheless, that it is hby declared that such consent
shall not be unreasonably or capriciously withheld.
2 See PhiUips v. Bridgp, L. R. 10 C. P. 48.

2 B 2

372 PEECEDBNTS.

able accident), at the request and cost of the sd C. D., his
exor?, admors, or assns, produce unto him or them, or as he
or they may direct in [England], the sd indre of lease of the
[date] and will at the like request and cost furnish to the
sd C. D., his exors, admors, or assns, such copies or extracts
(attested or orvvise) of or from the same indre as he or they
may require.
In witness, &c.

LXXXV.

Lease 0/ a Public-house.

This Indee, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part, Witneth, that,
in consou of the rent hby reserved and of the covts and
agreets hrnftr contd, the sd A. B. doth demise unto the sd
C. D., his exors, admors, and assns, all that messe or public-
house known by the sign of the White Horse, situate in X.
Street, in the parish of F. in the county of Msex, as the
same is now in the occupon of the sd C. D,, togr with all
easements, vaults, cellars, yards, and appurts to the prems
belonging or appertng. To hold the prems, with the appurts,
unto the said 0. D., his exors, admors, and assns, for twenty-
one years from the [cZa^e], Yielding and paying [rese7-vation
of rent as in Form LXXXIV., 2^. 369, supra]. And the sd C. D.
doth hby for himself, his hrs, exors, admors, and assns, covt
with the said A. B., his hrs and assns [for payment of rent,
rates, &c., as in Form LXXXIV., p. 369, supra] ; and also
will, at all times during the sd term, sufficiently repair and
maintain, and keep in repair with good materials, the prems
hby demised [together with the glass and other windows,
window shutters, doors, locks, fastenings, bells, partitions,
ceilings, chimney-pieces, pavements, pitchings, privies, drains,
sinks, cesspools, cisterns, pumps, wells, pipes, water-closets,
and water-courses, to the sd premises belonging] and all
buildings, improvements, and additions at any time during
the sd term erected or made by the sd C. D., his exors, admors,
or assns, upon the sd prems ; and will [here insert covenants

LEASES AND TENANCY AGREEMENTS. 373

from Form LXXXIV., pp H70-1, supra, for painting, in-
suring, re-instating, and for lessor to he at liberty to inspect
and give notice of ivants of repairs, &c., and for delivery up at
end of term'] ; [And also, that the sd C. D., his exors, admors,
or assns, will not, during the sd term, use, exercise, or carry
on, or permit or suffer to be used, exercised, or carried on,
in or upon the sd prems, any noxious or offensive trade or
business, without the consent in writing of the sd A. B., his
hrs or assns.] [And also that the sd C. D., his exors, admors,
and assns, will not during the sd term, without the consent
in writing of the sd A. B., his hrs or assns, convert the
prems hby demised, or any part thereof, into a shop, ware-
house, shed, or place of sale for goods or merchandize, or into
a private dwelling-house, or open or use or suffer the same
to be opened or used for any other purpose than as an hotel or
inn, public-house or tavern : And also that the sd C. D., his
exors, admors, and assns, or such other person or persons as
shall for the time being conduct the business of the sd
public-house, will during the sd term keep and conduct the
same in a regular and proper manner in every respect, and
will immediately apply for and use his and their best endea-
vours to obtain a certificate, licence, or permission of Her
Majesty's justices of the peace for the vending of wines,
spirituous liquors, and beer on the prems, and shall not
knowingly or willingly do any act whby the same may be-
come legally or justly abrogated, forfeited, or refused : And
also will at all times during the sd term manage or conduct
the business of the said public-house, hotel or inn, under the
name of and constantly keep up the effigy or sign of the
"White Horse " ; and will at the end or sooner deterraon of
the sd term, upon demand by the sd A. B., his hrs or assns,
or his or their incoming tenant, deliver up the said several
certificates, licences, or permissions of her sd Majesty's jus-
tices of the peace granted during the then current year, for
the vending of any wines, spirits, liquors, beer, ale, or
tobacco upon the demised prems, and also all and every the
excise licences for the unexpired term they may have then
to run.] Provided always [foiver of re-entry on non-pay-

374 PEECEDENTS.

merit of rent or Ireaeh of covenant as in Form LXXXIV.,
p. 371]. [Provided also, that if the sd A. B. or C. D., their
respive exors, admors, or assns, shall be desirous to determine
this demise at the end of the first seven or fourteen years
of the sd term, and of such his or their respve desire shall
give six calr months' notice in writing to the other or others
of them resply before the expiron of the sd seven or fourteen
years, then and in that case the term hereby granted shall,
at the expiration of the said seven or fourteen years, cease
and determine, in like manner as if the whole of the sd term
of twenty-one years had expired.] And the said A. B. [cove-
nant hy lessor for quiet enjoyment, as in Form LXXXIV., p. 371].
In witness, &c.

LXXXVI.

Agreement /or Te^iancy from Year to Year of
Agricultural Land.

An Ageeet, made the [<^a^e], between A. B. of the one
part, and C. D. of the other part.

1. The sd A. B. agrees to let, and the sd 0. D. to take all
[parcels at length], and now in the occupation of the sd C. D.,
from the day of last (from which time he has had
the posson), for one year, and so from year to year, until such
notice shall be given for determining the sd term as hrnfter

mentd, at the yearly rent of £ , by half-yearly payments,

on the [date] and the [date] in every year, the half-year's rent
which became due on the [date] last to be paid within ten
days next after the date hereof, and the next half-yearly
payment of rent to be made on the [date] next :

2. The sd C. D. will duly pay the sd rent in the manner
aforesaid, and also the land tax and all other rates, taxes,
tithes, and rent-charge in lieu of tithes, and other outgoings
whatsoever payable or charged on the landlord or tenant in
respect of the premises :

8. The sd C. D. will also keep in good and tenantable repair
and condition the fences, hedges, gates, stiles, and boundaries,
and will scour out the ditches as often as the hedges shall be

LEASES AND TENANCY AGREEMENTS. 375

cut, and will not cut the hedpjes under seven years' growth, and
will not cut, stock, or injure the timber or timber-like trees,
tellers, saplings, or trees likely to become timber, but use his
best endeavours to preserve the same, and will dung, manure,
and cultivate the land in a good and husbandlike manner,
and not waste, destroy, impoverish, or make barren the same,
and will deliver up the same accordingly at the determin-
ation of the tenancy ;

4. If the sd rent, or any part thof, shall be in arrear for
twenty-one days, or if breach shall be made in any of the
tenant's agreets afsd, it shall be lawful for the sd A. B. to re-
enter upon the sd prems and repossess the same, and remove
the sd C. D. and all other occupiers thof :

5. If the sd A. B. shall be desirous that the sd C. D. shall
quit the sd prems, or if the sd 0. D. shall be desirous of
quitting the same, then one half-year's notice shall be given
by eir party to the other, and until such notice shall be given
this agreet shall be in full force.

6. The Agricultural Holdings Act shall not apply to this
tenancy.

In witness, &c.

[The above is a lease, and requires the same stamp as a lease.]

LXXXVII.

"L^KS^ of a small ¥ ARU from Year to Year — Concise

FORM.^
This Indre made the [date] between A. B. of &c. (hrnftr
called " the landlord ") of the one part, and C. D. of &e.
(hrnfter called "the tenant") of the other part, Witnesseth
as follows : —

1. The landlord demises to the tenant the farm described
in the first schedule hereto with the appurts (except the
wood, mines, and minerals, and the right to cut, get, and
carry away the same) as yearly tenant, as to the land from
the 2nd day of February, 1880, and as to the buildings, from

' Tliis form has been used for many years on an estate in the West
Riding of Yorkshire.

376 PRECEDENTS.

the 1st day of May, 1880, at the yrly rent of £20, payable
on the 21st day of June. And also at the additional yrly
rents specified in the 2nd schedule hereto, such additional
rents resply to be payable immedly upon the doing of the
respive acts giving rise to the same resply, and to be payable
yrly during the rest of the tenancy.

2. The tenant covts with the landlord to pay the rents
afsd in the manner afsd, and all outgoings chgble on the
prems, and to observe all the stipulons contd in the 3rd
schedule hrto, and to keep the prems in good repair and
coudon, and so yield up the same at the determinon of the
tenancy and not to underlet or assign the prems or any part
throf.

3. The landlord may at all times enter and inspect the
prems and may enter and determine the tenancy on breach
of any of the tenant's covts hrn contd.

4. If during the tenancy the landlord, his agent, hrs, or
assns, shall distrain to obtain pmt of rents hrnbfe reserved,
he or they may sell any crops distrained to be consumed
upon the prems, and the pchr or pchrs thof shall have the
use of the farm bldgs for a reasonable time from such sale
free of charge.

5. The landlord covts with the tenant that the tenant ob-
serving his covts hrn contd may occupy the prems without
interruption by the landlord.

6. The Agricultural Holdings Act shall not apply to this
tenancy.

In witness, &c.

The First Schedule above referred to.
A farm and prems called " C. Farm," situate in the town-
ship of H. in the county of York, containing by estimon
nine acres, and consisting of house, farm bldgs, yard, and
four closes of laud, called resply West Green, Middle Field,
Belle Isle, and Low Pasture.

The Second Schedule above referred to.
£15 yearly for every acre or part of an acre of meadow
land ploughed or turned up, or sown with corn, grain, or roots.

LEASES AND TENANCY AGREEMENTS. 377

£5 yearly for every acre or part of an acre of pasture land
ploughed or turned up without the consent in writing of the
landlord.

£5 yearly for every cartload or part of a cartload of hay,
straw, grass, turnips, or manure, sold or carried off the
prems.

£1 each for every horse, mule, foal, cow, calf, sheep, lamb,
or other animal put upon the meadow or pasture lands
during the last year of the tenancy more than the number
usually kept upon such lands.

The Third Schedule above referred to.
To consume all the hay, straw, clover, grass, roots, and
fodder grown or produced upon the prems. To cultivate
the lands according to the most approved modes of hus-
bandry. To spread all ashes, manure, dung, muck, or com-
post made on the prems upon the meadow land (except what
is made during the last year of the tenancy, which shall be
left in the usual dung or midden stead, free of charge, and
which the landlord may cart or take away at any time
during the last five months of the tenancy). To put at his
own cost two tons of lime on the meadow or pasture land in
each year if directed by the landlord. To put at his own
cost three tons of lime on every acre of pasture land turned
up or ploughed.

LXXXVIII.

Lease of a Farm and Cottages in Yorkshire.

This Indee made &c,, between A. B., of &c. (hrnftr called
" the landlord ") of the one part, and C. D., of &c. (hrnftr
called "the tenant") of the other part, Witnesseth that
the landlord hby demises unto the tenant his exors, admors
and assns, all [Insert description of farm uith cottages'].
ToGETHEii with the appurtenances thto belonging, Heserv-
ING unto the landlord, his heirs and assigns, all timber and
other trees which during the term hby created may grow

378 PRECEDENTS,

on the sd premes, and all stone and other minerals in or
under the sd premes; And the right at all times to enter
and be upon the sd prems to mark, peel, cut down, lop, grub
up, dispose of", and carry away the sd timber and other trees,
and to search for, get, dig for, dispose of and remove the sd
stone and other minerals ; And the right at all times to
enter and be upon the sd prems to inspect the same, and to
plant and prune trees, and alter, build and make fences and
drains therein, and make improvements therein ; And also
RESERVING unto the landlord, his hrs and assns, all the game
which during the sd term may be in or upon the sd prems,
with exclusive liberty for him and them, and his and their
gamekeepers, and all other persons by his and their permis-
sion at all times to hunt, course, shoot in or upon the
prems ; To hold the sd prems (reserving as afsd) unto the
tenant, his exors, admors and assigns, for the term of five
years, as to the land from the 2nd day of February, 1880,
and as to the buildings hby demised from the 1st day of
May, 1880 : Yielding and paying therefor unto the land-
lord, his hrs or assns, during the sd term the yearly rent of
£150 without deduction, payable by equal half-yearly pay-
ment, on the [dates], in every year, the first of such pay-
ments being due on the [date], and the last payment to be
made in advance on the [date] next preceding the expira-
tion of the sd terra : And also yielding and paying in
like manner at the times afsd, the additional yearly rent of
£5 for every £100, and so in proportion for any less sum
which during the sd term shall be expended by the landlord,
his hrs or assns, with the consent of the tenant, his exors,
admors, or assns, in draining, fencing and enclosing the sd
prems or any part thof, or erecting buildings thon, or orwise
improving tlie same, such additional rent to commence and
be computed from such one of the sd half-yearly days of
payment as shall immediately precede the period at which
such outlay shall be made, and the first payment thereof to
be made on such one of the same half-yearly days of pay-
ment, as shall first happen after such outlay, and to continue
payable during the residue of the-sd term, and the last pa}-

LEASES AND TENANCY AGKEEMENTS. 3*79

ment to be made in advance on the sd [(^a<e] next preceding
the expiration of the sd terra ; And also yielding and
PAYING in the event of and immediately upon tLe sd term,
being determined by re-entry under the proviso hrnftr con-
tained a proportionate part of the sd several rents for the
fraction of the current half-year up to the day of such re-
entry ; [And also yielding and paying unto the landlord,
his hrs or assns, in addition to the rent afsd, £10 for every
acre of pasture land hby demised which shall be mown
contrary to the covts in that behalf hrnltr contd, and £10
for every acre of the land hby demised, which shall be
ploughed, graven or turned up, or sown with corn or other
grain, or planted with esculent roots contrary to the covts in
that behalf hrinftr contained, and £5 for every ordinary cart-
load of hay, grass, clover, straw, turnips, potatoes, or other
esculent roots, fodder bedding, manure, or compost, which
shall not be eaten, consumed, laid, spread, bestowed and spent
in accordance with the covts in that behalf hrnftr contd, and
so in proportion for any less quantity than an acre or a cart-
load, such last-mentd additional rents resply to commence
and be payable immediately after the same shall resply be
incurred, and be recoverable by distraint as rent in arrear] ;
And the tenant doth hby for himself, his hrs, exors, admors
and assns, covt with the landlord, his hrs and assns, that he
the tenant, his exors, admors or assns, during the sd term,
will pay the rents hby reserved on the days and in manner
afrsd. And will pay the land lax and all rates, taxes, tithes,
tithe composition, lords' rents aud other outgoings whatso-
ever (except property tax) which may become payable in
respect of the sd prems or the occupoii thof ; And will keep
the sd prems, with all additions thereto and improvements
thrin, in good condon and complete repair ; And will preserve
all game upon or in the sd prems exclusively for the land-
lord, his hrs and assns, and all persons authorized by him or
them, and will warn off the sd prems all trespassers thereupon
in pursuit of game, and immediately upon the discovery of
each such trespass inform the landlord, his hrs and assns,
thof, and of the name and address of eacli person comiuitting

380 PKEOEDENTS.

such trespass, so far as the same can be ascertained, and will
permit the landlord, his hrs or assns, to bring any action or
other proceeding in the name of the tenant, his exors, aclms,
or assns, against any person or persons who may trespass
upon the sd prems in pursuit of game, [And will not without
the written consent of the landlord, his hrs or assns, and
then only upon the terms and subject to the condons
expressed in such consent, assign, underlet or part with the
posson of any of the sd prems (except the said cottages) or
the winter eatage theof, or any part tbof, or mow any of the
pasture land hby demised, or plough, grave, or turn up, or sow
with corn or other grain, or plant with esculent roots, any of
the said closes called [insert names of permanent pastures] ;
And will, after taking a white crop from any of the lands
hby demised, and before taking another white crop there-
from, effectnally clean and sufficiently manure the same
lands and take a grass crop therefrom ; And will mow or
destroy in every year all docks and thistles and such like
weeds on the sd prems before the same grow to seed ; And
ALSO will in all other respects cultivate, manure and manage
the lands hby demised in a good and husbandlike manner,
and according to the most improved system of agriculture,
keeping them in good heart and condition and in a perfectly
clean state ; And will observe every reasonable direction in
writing as to the mode of cultivation, manuring, and manage-
ment to be given by the landlord, his hrs or assns, or his or
their agent or steward ; And will not without the written
consent of the landlord, his hrs or assns, and then only upon
the terms and subject to the condns expressed in such con-
sent, sell, give, exchange or carry away, or suffer to be sold,
given, exchanged or carried away from the sd prems, or
advertise or offer or suffer to be advertised or offered for
sale, exchange or gift (except upon the terms that they
shall be consumed on the sd proms) any hay, grass, clover,
straw, turnips, potatoes or other esculent roots, fodder or
bedding, grown, gathered or brought on the sd prems, or any
manure or compost arising from the same hay, grass, clover,
straw, turnips, potatoes, or other esculent roots, fodder or

LEASES AND TENANCY AGREEMENTS. 381

bedding, or otherwise made or gathered on the sd prems,
but will eat, spend, and consume on the sd prems the same
hay, gra«s, clover, straw, turnips, potatoes and other esculent
roots, fodder and bedding, and lay, spread, bestow, and con-
sume the same manure and compost upon some part of the
meadow land hby demised at proper times and in a husband-
like manner ; And will at the expiron or sooner determon
of the sd term leave in the yards of the sd prems for the use
of the landlord, his hrs or assns, or his or their incoming
tenant, and without compenson therefor, all such of the sd
manure and compost, both liquid and solid, as shall not have
been laid and spread pursuant to the covt in that behalf
hrnbfre contd, and yield up the sd prems with all additions
thereto and improvements thron in such good condon and
complete repair, and in fair and proper order as afrsd, unto
the landlord, his hrs or assns, without receiving or requiring
or being entitled to any valuation, allowance, remuneration, or
compenson for tenant-right, tillage, labour, or improvements
in or on or additions (if any) to the sd prems : Provided
ALWAYS that if and whenever any part of the rents hrnbfre
reserved shall be in arrear for twenty-one days, whether the
same shall have been legally demanded or not, or if and
whenever the tenant, his exors, admors, or assns, shall be
adjudicated bankrupt, or take proceedings for liquidation by
arrangement or composition, or compound with his creditors,
or any execution shall be levied upon him or his goods or
chattels, or upon the sd prems, or if and whenever any breach
shall be made in any of tiie covts by the tenant condons
and agreets hrin contd, the landlord, his hrs or assns, may
re-enter upon the sd prems and repossess and hold the
same as if this demise had not been made ; And it is
HEREBY AGREED that the landlord, his hrs or assns, or his or
their incoming tenant, may at any time after the month of
December next preceding the expiron or determon of the sd
term enter upon the sd prems and carry, cart, lead, spread
and bestow into and upon the lands hby demised any dung,
compost, or manure, and plough and do all other acts of
husbandry for preparing the crops of the succeeding year ;

382 PKECEDENTS.

And that if during the sd term the landlord, his hrs or assns,
shall distrain upon the sd prems in order to obtain payment
of the rents hby reserved, or any part or parts thof, he or
they may sell and dispose of any crops distrained upon to
be consumed on the prems, and for this purpose the person
or persons purchasing the same shall have reasonable use
and occupancy of the demised farm buildings for three
calendar months nextfollov^ing the time of such sale : [Pro-
vided ALSO that the land'ord, his hrs or assns, may at any
time during the sd term resume possession of any part or
parts of the sd prems which may be required for planting,
building, change of occupation, or any other purpose, making
compenson in respect thrf to the tenant, his exors, admors, or
assns, either by payment of a sum in gross, or by a reduction
of rent, or by a demise of other lands in lieu of what may
be so taken, and that in case posson of any part or parts of
the sd prems shall be so resumed the provons hrin contd
with reference to the whole of the sd prems shall, so far as
the same may be applicable, continue in force and apply to
such part of the same as shall be left in the possession of
the tenant, his exors, ad mrs, or assns in the same manner as if
such part only had originally been included herein, and the
reduced rent or rents (if any) had been herein inserted
instead of the principal rent hby reserved ;] ^ And the land-

^ Instead of this clause the following may be used : —
Proviso in Lease requiring Lessee to give up any Part of demised
X>remises on Notice /rom Lessor.
[Provided always, and it is hby agreed, that in case the sd \lessor\ his
hrs or assns, shall at any time during the sd term be desirous of having
any part, not exceeding [four] acres, of the sd pieces of land hby demised
delivered up to him or them, and of such his or their desire shall give
three calr months' notice in writing to the sd [lessee'], his exors, admors or
assns, at his or their last or usual place of abode, or upon the sd demised
premises, then at the expiron of such notice the sd [Zessee], his exors,
admors, or assns, will yield and surrender such part or parts of the sd piece
of land as shall be meotd in such notice as afsd, the sd \lessor'], his hrs or
assns, paying to the sd \Jessee'], his exors, admors, or assns, a reasonable
compenson in respect of the moys which may have been laid out by the sd
[Zessee], his exors, admors, or assns, in improving the condon of so much of
the sd land as shall be so given up, and thenceforth the rent reserved

LEASES AND TENANCY AGREEMENTS. 383

lord doth hby for himself, his hrs and asFiis, covt with the
tenant, his exrs, adms, and assn?, that he or they paying the
rent hby reserved, and performing and observing the several
covts by the tenant hrnbfre contd may peaceably hold and
enjoy the sd prems during the sd term, without any inter-
ruption by the landlord, his hrs or assns, or any person law-
fully claiming through or in trust for them, or any of them ;
[Pro\^ded always that if any dispute, question, difference,
or controversy shall arise between the sd parties hereto, or
their respive hrs, exors, ad mors, or assns, or any of them,
touching these presents, or any clause, matter, or thing hrin
contd, or the construction hrof, or anything to be done under
any of the provisions hrin contd, or any matter in any way
connected with these presents or the operation herof, or the
rights, duties, or liabilities of either party in connection with
the prems, then and in every such case the matter in differ-
ence shall be referred to two arbitrators or their umpire,
pursuant to and so as with regard to the mode and con-
sequences of the reference and in all other respects to con-
form to the provons in that behalf contained in the Common
Law Procedure Act, 1854, or any now subsisting or future
statutory modification thereof:] Provided always, and it is
hereby agreed and declared that the Agricultural Holdings
(England) Act, 1875, shall not nor shall any provision
thereof apply to the contract of tenancy by these presents
made, confirmed, or perfected.
Jn witness, &c.

LXXXIX.

Building Lease zuith tisual Clauses and Reservation
of Water in a Well.

This Indee, made &c., between A. B. of the one part, and
C, D. of the other part : WITNESSETH, that, in conson of the

by this indre shall be reduced at the rate of £2 for each acre (and so in pro-
portion for a less quantity than an acre), of the sd land that may be so
given up.]

384 PEECEDENTS.

rent, covts, and condons hrnftr reserved and eontd, the sd
A. B. doth hrby demise unto the sd C. D., his exors, admors,
and assns, all &c., situate at &c. ; and which plot or parcel
of land forms part of a piece of land called &c., and contains
in the whole by admeasurement square yards or thr-

abouts ; and is more particularly delineated in the plan drawn
in the margin hrof, and thrn colrd pink, together with the
appurtenances to the same belonging, [except and reserved
out of this demise all mines, veins, beds, and seams of coal
and cannel, and all other minerals, with liberty for the sd
A. B., his hrs and assns, and his and their tenants, agents,
servants, workmen, and others, with his and their permission
and authority, to win, work, get, and carry away the same,
when and as he and they shall think proper ; and also to
erect engines and machinery, and make roads, and do all
such acts and exercise all such powers and privileges as
shall be necessary for the more profitable winning, working,
getting and carrying away of the sd mines and minerals,
when and as he and they shall think fit. Except also and
reserved unto the sd A. B., his hrs and assns, and the occupier
and occupiers of the prems colrd green on the sd plan, full
and free liberty of ingress, egress, and regress, in, to, from,
and out of the sd pieces of land, colrd blue in the sd plan, to
take in common with the sd C. D,, his exors, admors, and
assns, and his and their under-tenants of the prems hby de-
mised, the water from the well therein sunk, and to sink any
other well or wells, and make any tank or reservoir in or
upon the sd pieces of land colrd blue, and to take and lay
down any pipes or aqueducts in and through any part or
parts of the prems hby demised, not being the site of any
building, for conveying the water therefrom in order to
supply with water any other messes of the sd A. B., his hrs
or assns ; and also, except and reserved unto the sd A. B.,
his hrs and assns, and the occupier and occupiers of the
prems colrd green as afsd, the free passage of water and soil
in, by and through the channels and drains belonging or to
be made upon or through the sd hby demised prems, or any
part thof,] To hold the prems hby demised with their

LEASES AND TENANCY AGREEMENTS. 380

appurts unto the sd C. D., his exors, adrnort!, and assns, from
the date hrof, for the term of ninety-nine years thence next
eusniug ; Yielding and paying therefor [reservation of rent
as in Form LXXXIF., _p. 369]. And the sd. C. D. for him-
self, his hrs, exors, admors, and assns, doth hby covnt [to pay
rent, rates, &c., as in Form LXXXIV., p. 369]. And also,
that the sd C. D., liis exors, admors, and assigns, will, at his
own cost, within two years from the date hrof, in a good
substantial and workmanlike manner, build and completely
finish, tit for habitation and use, upon the land hby demised,
one or more messe or messes, to be built with the best sound
material of all sorts, and will roof and cover in such messes
with good blue slate ; and also will fence off the land hby
demised, on the [north and east] sides thof resply, by a good
brick wall, six feet in height at the least, from other parts of
the land adjoining, and will make no door or other commu-
nication from the N. and E. sides of the prems hby demised
to the lands immediately adjoining or contiguous thto :
And such messe or messes, when so built as afsd, shall be
worth, to let to a tenant or tenants, by the year, not less
than double the amount of the yearly rent hby reserved :
and also that he the sd A. B., his exors, admorfj, and assns,
will, as occasion shall require, during the sd term, well and
sufficiently repair, maintain, pave, empty, cleanse, amend,
and keep the sd prems, with the appurts, in such good and
substantial repair as is necessary for the occupon of a tenant
or tenants at rack rents; and the sd prems, being in all
things repaired, maintained, paved, emptied, cleansed,
amended and kept as afsd, at the end or sooner determou
of the sd term will quietly yield up unto to the sd A. B.,
his hrs or assns, together with all chimney-piecf s, windows,
doors, fastenings, water-closets, cisterns, partitions, fixed
presses, shelves, pipes, pumps, rails, locks and keys, and
all other things which at any time during the last seven
years of the sd term shall be fastened to the sd demised
premises and come within the denomination of fixtures:
[And also, that it shall be lawful for the sd A B., his hrs
ur assns, and any persons deputed by him or them, at any

2 C

386 PKECEDENTS.

reasonable hours, in the daytime, during such last seven
years, to enter upon all and every the sd demised prems,
and take a schedule or schedules of the same fixtures and
things resply.] And also [covenants to paint, as in Form
LXXXIV., ly. 370]. [And also, that the sd 0. D., his exors,
admors, and assns, will, on demand, pay to the sd A. B., his
hrs and assns, one-half the expense of making and forming
an intended new street of ten yards wide, and now forming
part of other land belonging to the sd A. B. ; and also of
making a covered drain or drains, from the front of the
bd messe or messes, and leading from the common sewer :
And shall bear the like propon of laying down and paving
the sd street, so far as the same shall run co-extensively with
the prems hby demised, such street, drain, and pavement to
be made to the satisfaction of the surveyor for the time being
of the sd A. B., his hrs or assns, and also will at his own
cost, and to the satisfaction of the sd A. B., his hrs or assns,
pave with good flagging stones, the footways to be made on
the side of the sd intended new street as afsd before the
fronts of the said messes, and lay down edging- stones to the
afrsd foot-paths, resply, so far as such foot-paths run co-
extensively with the hby demised prems, and also will during
the sd term repair and keep in repair the whole of the sd
foot-paths in the front of the sd mess or messes so far as the
same resply run co-extensively with the sd prems ; and also
will bear, pay, and discharge one-half of the expenses of
making, supporting, repairing, and amending all party walls
and gutters, which during the sd term shall belong to the
sd prems, or which shall be used in common by the sd C. D.,
his exors, admors, or assns, and the takers or occupiers of the
adjoining or contiguous prems resply.] And, moreover, that
it shall be lawful for the sd A. B. [to enter, vieiv, and give
notice to repair, as in Form LXXXIV., p. 370.] [xVud that
the sd C. D., his exors, admors, and assns, shall not exercise,
or carry on, or permit or suffer to be exercised or carried on,
upon any part of the prems hby demised, the trade of a
boiler of horse flesh, slaughterman, soap maker or boiler,
melter of tallow, distiller, brewer, victualler, beer shop or

LEASES AND TENANCY AGREEMENTS. 387

alehouse keeper, blacksmith, boiler maker, or any other
noisome, dangerous, or oflfensive trade or business whatso-
ever, without the express consent in writing of the sd A. B.,
his hrs or assns; nor do, or cause or knowingly sufifer to
be done, any act or thing on the sd demised prems which
may grow to the annoyance, damage, or disturbance of the
sd A. B., his hrs or assns, or his or their tenant or tenants.]
And also [to insure and rebuild, as in Form LXXXIV.,
p. 370.] And that in case the sd C. D., his exors, admors,
or assns, shall sell, assn, or underlet the land hby demised,
or any part thof, or part with this indre, then and in any
or either of the sd cases he or they will within twenty-
one days thftr deliver a true copy of such assignment, under-
lease, or other assce to the sd A. B., his hrs or assns ; [and
that the sd C. D , his exors, admors, or assns, shall not
during the last seven years of the sd term sell, assn, demise,
or make over or part with the sd prems or any part thereof,
for all or any part of the residue of the sd term, without the
consent in writing of the sd A. B., his hrs or assns] : Pro-
vided ALWAYS \_2J0iver of re-entry on non-jxiyment of rent or
hreaeh ofcovt, as in Form LXXXIV., p 371]. And the sd
A. B. [covenant for quiet enjoyment, as in Form LXXXIV.,
p. 871].
In witness, &c.

2 2

388 PRECEDENTS.

LICENCES.

xc.

Licence by Lessor to assign Lease.

Whas by indre dated &c., and made between the under-
signed A. B. of the one part, and C. D. of the other part,
the said A. B. did demise to the said C. D. certain prems
situate in the parish of X., in the county of Y., for the
term and at the yearly rent thin mentd, and the sd C. D.
theby covted that he would not assign, demise, underlet, or
orwise part with the posson of the sd prems without the
licence in writing of the sd A. B, ; Now the sd A. B. doth
hby give license unto the sd C. D. to assign the sd lease and
all his este and interest therein, unto Y. Z., of &c.^

XCL

Ljcence by Lessor to Lessee to permit Sale by
Auction on Preinises.

Whas by indre of lease dated the &c., made between the
undersigned S. B. of the one part, and J. H. of the other
part, the sd S. B. demised the prems thin mentd for the
term and at the yearly rent thin mentd ; and the sd J. H.
thby covenanted that he would not permit or suifer any
auction or sale to be made in or upon the sd prems without
the licence in writing of the sd S. B. : Now the sd S. B.
doth hby give full licence unto the sd J. H. to make sale by

' Lord St. Leouards' Act (22 & 23 Vict. c. 35), § 1, enacts, that such a
licence as the above shall only extend to the particular assignment men-
tioned in the licence.

LICENCES. 389

auction of the sd lease and also of his present househokl
goods, furniture and effects in and upon the sd prems within
[f-ix] weeks from the date hrof; nevertheless the licence
hby given shall not extend to permit the sd J. H. to make
any future sale in or upon the sd demised prms without the
like licence of the sd 8. B., his exors, ad mors, and assns.
Dated &c.

390 PRECEDENTS.

MEMORIALS.
XCII.

Memorial of a Conveyance.^

B. ]A MEMOKIAL to be registered of

to [ All Indenture, bearing date the \(late\ made be-

D. jtween \^arties verbatim as in deed] : Whereby the sd
A. B. did grant uuto the sd C. D. all [2)arcels verbatim],
with their rights, easements, and appurts, To hold the
same unto and to the use of the sd C. D., his hrs and assns,^
and which sd indre, as to the execution thof by the sd A. B.
is witnessed by E. F. of &c., and as to the execution thof by
the sd C. D. is witnessed by G. H. of &c., and the same is
hereby required to be registered by the sd C. D.

As witness his hand and seal. (l.s.)

Signed and sealed in the presence of
[Tivo witnesses.]

^ If the deed and memorial are executed in the country, the following
memorandum should be indorsed : —

1 hereby certify that the within-named E. F. made oath of the signing
and sealing of tliis memorial, and of the due execution of the deed to
wjiich it refers, before me,

K. L., a Commissioner to administer Oaths in the
Supreme Court of Judicature in England.

2 ]^_]3_ — If the conveyance is to the ordinary uses to bar dower, then,
instead of the above limitation, it will be as follows : " To uses for the
benefit of the said C. D. his heirs and assigns, being the ordinary uses to
bar dower."

MEMORIALS. 391

xciir.

Memorial of an Assignment.

B. \k. MEMORIAL to be registered of

to \ An Indre, bearing date &c., made between {parties

D. jverhatim as in deed] : After reciting an indre of lease
whereby [parcels from the lease as set out in the recital of that
document in the assignmeiit] were demised to A. B., it was by
the memoralising indre witnessed, that the sd A. B. did
assign unto the sd C. D. all [parcels verbatim from tlie hody
of the assic/nment] with their rights, easements, and appurts.
To HOLD unto the sd C. D., his exors, admors, and assns, for
the remainder of a term of ninety-nine years created by the
sd indre of lease, subject to the pmnt of the rent reserved by
and to the performance of the condons contd in the same
indre, which sd indre as to the execution thof by the sd
A. B. is witnessed by E. F. of &c., and as to the execution
thof by the sd C. D. is witnessed by G. H. of &c., and the
same is hby required to be registered by the sd C. D.

As witness his hand and seal. (l.s.)

Signed and sealed in the presence of
[Two tvitnesses.]

XCIV.

Memorial o/a Mortgage.

A MEMORIAL to be registered of

An Indre, bearing date &c., made between [dc,

as in Form XCIL, down to end ofhahendum], sub-
ject to a proviso for re-conveyance of the said hereditaments
on payment by the sd A. B., his hrs, exors, or admors, unto

the sd C. D., his exors, admors, or assns, of the sum of £

with interest, after the rate, on the day, and in the manner
therein mentioned, which sd Indre [(&c., as in Form XCIL \

302 TEECEDENTS.

xcv.

Memorial of a Lease.

13. ] A MEMORIAL to be registered of

to An Indre of lease, bearing date &o., made between

D. ) A. 11, of &c., of the one part, and 0. D., of &(*., of
the other part : Whereby all Yinmrt parcels from the lease
verlatim\ with their rights, members, and appurtenances,
were demised by the sd A. B. to the sd C. B. for twenty-one
years, and which sd indre, as to the execution thereof by the
sd A. B., is witnessed by E. F., of &f'., and tlie same is
required to be registered by the sd A. B.

As WITNESS, &c. (l.s.)

XCVI.

Memorial of an indorsed Deed.

A Memorial to be registered of

An Indre, dated the &c. (indorsed on an indre, dated
the day of , 18 , made between A. B., of kc,

of the one part, and C. D., of &c., of the other part: A
memorial wheieof was registered on the day of

18 , B., No. ) The indre, of which this is a memorial, is
made between the therein within-named C. D. of the one
part, and E. F. of &c., of the other part: Whereby, for the
considerations therein mentioned, the sd C. D. did assign
unto the sd E. F. [all and singular the messuages or tene-
ments and other hereditaments comprised in and demised by
the therein within-written indre with the appurtenances] :
And which premises are in the therein within-written indre
described to be situate in the parish of X., in the county of
Middlesex. To hold \&c., as in previous Forms].

( 393 )

M0KTQAGE8.
XCVII.

Mortgage ^Freehold Houses to one or several
AIorto;ao;ees.

This Indre, made &o., between A. B., of &c., of the cue
part, and C. D., of &c., [or 0. D., E. F., and G. H., of &e.]
of the other part : Whas the sd A. B. is seised in fee of the
hdts hrnftr described and granted ; and whas the sd C. D.
has [or C. D., E. F. and G. H., have] agreed to lend the sd
A. B. £200 [nut of money belonging to them on a joint
account] ^ on having the repayment of the same with int
secured as hrnfter appears: Now this Indee witnesseth,
that in conson of [£200] to the sd A. B. pd by the sd 0. D.
[or 0. D., E. F., and G. H.], the rect whof the sd A. B. hby
acknges, the sd A. B. hby for himself, his hrs, exors, and
admors, eovts with the sd C. D., his [or with the sd C. D.,
E. F., and G. H. their] exors and admors, that the sd
A. B., his hrs, exors, or admors will, on the [six months from
date of mortgage] pay to the sd C. D., his exors, admors,
or assns [or to the said C. D. and E. F., or the survors or
survor of them, or the exors or admors of such survor, their
or his assns] (hinftr called the mtgees) the sum of [£"i00]
with int for the same in the meantime at the rate of £5 per
cent, per ann, and in case the whole of the same sum shall
not then be paid, will thenceforth pay to the mtgees int for
the same sum or for so much thof as for the time being shall
remain unpaid at the rate afsd by equal halfyearly payments
on every \date~\ and [date] : And this Indre also WIT-
NESSETH that in conson of the prems the sd A. B. Iiby grants
unto the sd C. U., his hrs and assns [or the sd C. \)., E. F.,

1 These words should be inserted where the mortgagees arc trustees.

394 PRECEDENTS.

and G. H., their hrs and assns], all those messuages situate
and being Nos. 2 and 4, X. Street, in the city of London,
togr with all easements and appurtenances in fact or by
reputation thereto belonging, To hold the prems unto and
to the use of the sd C. D.,his hrs and assns [or the sd C. D.,
E. F., and G. H., their hrs and assns] : Provided always,
that if the sd A. B., his hrs, exors, admors or assns, shall pay
unto the mtgees the sum of [£200] with int for the same in
the meantime at 5 per cent, per ann, on the [date], then the
mtgees will, upon the request and at the cost of the sd A. B.,
his hrs, exors, admors or assns, reassure the prems hby assured
to the use of the sd A. B., his hrs and assns, or as he or they
shall direct [free from incumbs by the mtgees] : And it is
HBY declared that it shall be lawful for the mtgees at any
time after the sd [date fixed for rejKiyment], without any
further consent on the part of any pson, to sell the prems for
the time being comprised in this secy togr or in parcels, and
eir by public auction or private contract, with power upon
any such sale to make any stipulons which the mtgees shall
deem proper, and also with power to buy in or rescind any
contract for sale, and resell without being responsible for loss
occasioned thby, and for the ppses afsd, or any of them, to
execute and do all such assces and things as they shall think
fit: [And on any sale under this power by any pson not
having the legal este in the prems sold, the person in whom
such legal este shall be vested shall assure the same as the
pson making such sale shall direct :] Provided always, that
the sd power of sale shall not be exercised unless and until
default shall have been made in pmt at the time hrnbfre
appointed for pmt thof of some peal moy or int hby secured,
and the mtgees shall have given a notice in writing to the
sd A. B., his hrs, exors, admors or assns, requiring him or
them to pay off the moys for the time being owing on this
secy, or left a notice in writing to that effect at or upon some
part of the sd prems, and default shall have been made in
pmt of such moys, or some part thof, for six calendar months
from the time of giving or leaving such notice, as the case
may be ; but no purchaser at any such sale shall be con-

MORTGAGES. 395

cerned to inquire whetlier such notice has been given, or
whether such default as afsd bas been made, or whether any
moy remains on this secy, or into the regularity or propriety
of such sale : [And notwithstanding any irregularity or im-
propriety in such sale the same shall, so far as regards the
purchaser, be valid] : And it is hby further agreed and
declared, that the pson or psons exercising the sd power of
sale shall, out of the proceeds thof, in the first place pay or
retain all the costs and expenses incurred in or about such
sale, or orwise in respect of the prems, and in the next place
apply such proceeds in or towards satisfon of the moys owing
on this secy, and pay the surplus (if any) unto the pson who
immedly before such sale was entitled to the equity of redon
in the prems sold. [And that the powers afsd may be exer-
cised by any pson entitled to give a discharge for the pche-
moy hby secured, and that no pson exercising the same shall
be liable for involuntary loss thby incurred.] And the sd
A. B. for himself, his hrs, exors and admors, hby covts with
the mtgees that the sd A. B. has power to assre the sd prems
in manner afsd free from incumbs ; and that all the prems
may be quietly entered into, held, and enjoyed by the sd
C. J)., his hrs and assns, without interruption. And that the
sd A. B. and every other pson having any este or int in the
prems, will at all times (at the cost of the sd A. B., his hrs,
exors or admors, until foreclosure or sale, and afterwards of
the pson requiring the same) execute and do every such
assrce and thing for more perfectly assuring the sd prems
to the use afsd, as by the mtgees shall be reasonably required,
and also that the sd A. B., his hrs, exors, admors, or assns
will, so long as any money shall remain on this secy, keep
the sd messes and bldgs insured in some respectable office in
London or Westminster against loss or damage by fire in tiie
sum of £250 at the least, and punctually pay all premiums
and suras of moy necessary for such ppose, and will on
demand deliver to the mtgees the policy or policies of such
insurance, and the receipt for every such pmt; and that if
default shall be made in keeping the said prems so insure. I,
the mtgees may keep insured the same sd prems in any aum

396 PEECEDENTS.

not exceeding £250 ; and that the sd A. B., his exors, admors,
or assns, will repay to the mtgees every sum of moy expended
for that ppose by him or them, with int thron at the rate
afsd, from the time of the same resply having been so ex-
pended, and that until such repayment the same shall be a
charge upon the prems hby assured.
In witness, &c.

XCVIII.

Mortgage of Freeholds — Short Form adopting the
Statutory Powers.

This Indee made &c., between A. B., of &c,, of the one
part, and 0. D., of &c., of the other part, Witnesseth that
in conson of the sum {continue covenant to pay principal and
interest, as m Form XCVIL, p. 393,]

And this Indue also witnesseth that in conson of the
prems the sd A. B. grants to the sd C. D. and his hrs All
that [parcels as in a conveyances^ To hold the prems unto
and to the use of the sd 0, D. his hrs and ass [subject to the
prove next hrnftr contd.]

Provided always [proviso for redemption, as in Form
XCVIL, p. 394.]

Provided also, that the powers given to mtgees by the
Act 23 & 24 Vict. c. 145, shall apply to this secy except that
the power of sale may, subject to the provons of s. 13 of the
sd Act, be exercised at any time after the [cZafe ^] And the
said a. B. [covenants for title, as in Form XGVII , p. 395.]

In witness, &c.

1 This date is usually six months from the date of ihe mortgage.

MOKTGAGES. 397

XCIX.

Conditional Surrender of Copyholds by way of
Mortgage.

The Manor of I Be IT REMEMBERED, that OUt of COUrt OQ the

X. in the | day of 18 , A. B., of &e. (one of

county of Y. ) the customary tenants of the sd manor) came
before 0, D , gentleman, steward of the sd manor, and in

conson of £ to the sd A. B. pd by E. F. of &c., did

surrender by the rod into the hands of the lord of the sd
manor, by the acceptance of the sd steward, according to the
custom of the sd manor, all [j9arceZs], together with all
[trees, hedges, ditches, fences, ways, waters, watercourses,
lights, easements, privileges, fixtures], rights, members and
appurts to the sd hdts belonging. To the use of the sd E. F.,
his hrs and as^ns, at the will of the lord, according to the
custom of the sd manor, by the rents, customs and services
therefor due and of rigiit accustomed : Provided always,
that if the s I A. B., his hrs, exors, admors, or assns, shall pay
or cause to be pd to the sd E. F., his exors, admors, or assns,

the sum of £ together with int for the same at the rate

of £5 per cent, per annum on [date], then this surrender
sliall be void, but otherwise shall remain in full force and
virtue.

Taken and accepted the day and
year above written by me,

C. D., Steward of the said manor.

Deed of Covenant lo accompa7iy conditional

Surrender of CorviioLD.

This Indre, made &c., between A. B., of &c., of the one part,
and E. F., of &e., of the other part: Whas the sd A. I], did
out of court, immediately before the excon hrof, in conson of

of £ to him pd by the sd E. F., surrender into the

hands of the lord of the manor of X., in the ci^unty of Y., by

398 PEECEDENTS.

his steward, according to the custom of the sd. manor, all
[parcels], with their rights, easements, and appurts, to the
use of the sd E. F., his hrs and assus, by and under the rents,
fines, heriots, suits and services therefor due and of right
accustomed, but subject to a condon for making void the
same on pmnt by the sd A. B., his hrs, exors, admors, or

assns, unto the sd E. F., his exors, admors, or assns, of £ ,

with int throQ at £5 per cent, per ann, on [date] ; And
vvhas on the treaty for the sd advance it was agreed that the
sd A. B. should execute these presents : Now this Indre
WITNESSETH, that, in conson of the prems, he the sd A. B.
doth hby for himself, his hrs, exors, and admors, covt with
the sd E. F., his exors and admors, that he the sd A. B., his
exors or admors, will pay [covenant for payment of principal
and interest, as in Form XCVIL, p. 393. And it is hby
DECLARED that it shall be lawful [power of sale with ancillary
clauses doivn to and including trusts of 2yur chase-money, as in
Form XCVIL, p. 894.] And the sd A. B. doth hby for
himself, his hrs, exors, and admors, covt with the sd E. F.,
his hrs and assns, that he the sd A. B. had at the time
of making the sd surrender power to surrender the hdts
therein comprised to the use of the sd E. F., his hrs and
assns, according to the custom of the sd manor and in manner
afsd, free from incumbrances (except the rents, fines, heriots,
suits and services therefor due and of right accustomed) ;
[Further covenants for title, as in Form XCVIL, p. 395, includ-
ing covenant for further assurance], according to the custom
of the sd manor, and subject and in manner aforesaid, as by
him or them shall be reasonably required.
In witness, &o.

CI.

Warrant to enter Satisfaction on Conditional
Surrender.

I, A. B., of &c., do authorize and require you or your lawful
deputy for the time being to enter full satisfaction and dis-

MORTGAGES. 399

charge on the court rolls of the manor of X. on and for a
conditional surrender, dated &e., made by C. D., of &c., of
certain hdts in the sd surrender described, to the use of me,
my hrs and assns, for securing to me the sum of £ in

manner therein meiitd.

Dated, &c. A. B.

To the steward of the manor of X.

CII.

Mortgage 0/ Leaseholds /or a Sum certain by
Demise.

This Indue \date\ between A. B , of &c., of the one part, and
C. D., of &c., of the other part : Whas by an indre, dated
&c., and made between \le%sor\ of the one part, and [Zessee]
of the other part, all [copy 'parcels from lease verbatim],
with the appurts thrto belonging, were demised unto the sd
[lessee], his exors, ad mors, and assns, from [cZa^e], for the term

of years, at the yearly rent of £ , and subject to

the covts and agree ts thrn contd ; And whas by divers mesne
assmts, and ultimately by an indre, dated &c., and made
between X. Y. of the one part, and the sd A. B. of the other
part, the prems comprised in the sd lease became vested in
the sd A. B., his exors, admors, and assns, for all the residue
of the sd term, subject to the sd rent, covts, and agreets ; and
whas the sd 0. D. has agreed to advance the sd A. B. £500
on having the same with int secured in manner hrnftr
appearing :

Now THIS Indre witneth, that, in conson of £500 ster-
ling on the exon hrof pd by the sd C. D. to the sd A. B.,
the receipt whof the sd A. B. hby ackudges [covenant hi/
A. B. to pay'princii)al and interest, as in Form XGVII.,p. 393].

And thih Indre also witnetii that for the conson afsd
the sd A. B. hby demises to the sd 0. D., his exors, admors,
and assns, all the prems comprised in and demised by tho
sd indre of lease with the easements and appurts thrto

400 PEECEDBNTS.

belonging or enjoyed thrwtli To hold the stl prems with
their appurts, unto the sd C. D., his exors, admors, and assn?,
for the remainder of the sd term of years granted by the
sd indre of lease, except the last ten days thereof.

Provided always, that if the sd A. B., his exors, admors,
or assns, shall on or before the [date] next pay to the sd
C. D., his exors, admors, or assns, the sum of £500, with int
for the same in the meantime, after the rate of £5 per cent,
per ann, then the sd C. D,, his exors, admors, or assns, will
thrpon, at the request and cost of the sd A. B., his exors,
admors, or assns, surrender the sd prems unto the sd A. B.,
his exors, admors, or assns.

And it is hby declaeed [potver of sale as in Form XCVIL,
p. 394, including power to execute assurances and clause as to
assurance of legal estate.] And tiiat after any sale under the
afsd power the sd A. B., his exors, admors, and assns, shall
stand possed of the last ten days of the sd term upon trust
for the pchr of the prems sold ; And shall be a trteor trees
throf for such pchr within the Trustee Acts, 1850 and 1852.
1'rovided always [p)owers not he exercised until after default
and notice,hut purchaserneed not inquire, as in Form XCVIL,
p. 394.] And it is hey declared [trusts of piroceeds of sale,
as in Form XCVIL, p. o95]. And the said A. B., for him-
S(4f, his hrs, exois, and admors, hby covts with the sd C. D.,
his exors and admors, that the rent and lessee's covts in and
by the sd indre of lease resply reserved and contd have been
paid, observed, and performed up to the date hrof ; and that
the sd A. B. has power to demise the prems unto the sd
C. D., his exors, admors, and assns, in manner afsd free from
incumbs ; and that the same may be quietly entered into,
held, and enjoyed by the sd C. D,, his exors, admors, and
assiJS, without interruption ; And that the sd A. B. and all
psons claiming any estate or interest in the prems will (at
the cost until foreclosure of the sd A. B., his exors, admors,
or assiiS, and afterwards of the person requiring the same)
do and execute every such assurance and thing for better as-
suring the prems unto the sd 0. D., his exors, admors, and
assigns, lor the residue of the term hby demised as he or

MORTGAGES. 40 1

they shall require ; and that the sd A. B., his exors, adrnors,
or assns will so long as any money shall remain on this
secy pay, perform, and observe the rents, lessee's covts (and
particularly the covt for insurance ag-iinst loss or damage by
fire) in and by the sd indre of lease reserved and contd, and
keep the sd C. D., his exors, admors, and assns, indemnified
against all claims and actions in respect of the nonpayment
or nonperformance of the same resply ; and will at the
request of the sd C. D., his exors, admors, or assns, produce
to him or them the rect for the premiums payable on such
insurance for the then current year. And that if default
shall be made in keeping the prems so insured the sd C. D.,
his exors, admors, and assns, may so insure or keep insured
the same, and the moneys expended in so doing shall be
repaid to the sd C. D., his exors, admors, or assns, by the sd
A. B., his exors, admors, or assns, on demand, and shall until
repaid be a charge upon the prems.
In witness, &c.

cm.

Memorandum of Deposit of Deeds with Lwiited
Banking Company to secure Balance of ciirrent
Trade Accotmt.

Memorandum that A. B. and C. D., both of &c , carrying on
business in partnership under the style of and hrinftr called
B. & D., having recently opened a banking account with
the X. Bank, Limited, hrinafter called "the company,"
E. R, of &c. \pr the sd A. B., or the sd B. & D ] has
\pr have] this day deposited with the Co the muniments
of title mentioned in the schedule hereto, as a security to
the Co for payment of all such sums of money as the
Co has pd, advanced, or lent, or hrftr shall pay, advance,
or lend, or has or shall become responsible or liable to pay to
or for the use, or by the order or direction, or for the credit
or on acct of the sd B. & I)., or eir of them, eir alone or togr

2 D

402 PRECEDENTS.

with any other pson or psons, eir as their or his partner or
partners in trade or orwise. And also such further or other
sums of money as at any time hrftr may be found due
or owing from or payable by the said B. & D., or eir of
them, eir alone or togr with any such other pson or psons as
afsd, or from or by their or his hrs, exors, or ads, to the Co
on any acct whatsoever. And also to indemnify and protect
the Co at all times hrftr from and against all losses, costs,
damages, claims, and demands which may arise or be incurred
for or by reason or means or on acct or in respect of the non-
pmnt of any notes, drafts, orders, cheques, bills of exchge, or
other negotiable instruments which now are or hrftr may be
held by the Co, or upon which the Co now is or hrltr may
become liable, and upon which the sd B. & D. or eir of them,
their or his hrs, exs, or ads, eir alone or together with any
other pson or psons, are, is, or shall be liable antecedently to
or in relief of the Co. And also to secure to the Co the costs
and exps incurred or to be incurred in preparing, completing,
and carrying into effect this memdum, or in obtaining or
attempting to obtain the pymt of the raoys for the time
being owing to the Co by the si B. & D., or eir of them,
their or his hrs, exs, or ads, eir alone or together with any
other pson or psons as afsd : Provided always, that the
secy of the Co upon the sd muniments and the property to
which the same relate is to be limited to the sum of £2000,
nevertheless the sd secy is to be a continuing secy and to
extend to cover the ultimate balance not exceeding the sd
sum of £2000 due from the sd B. & D., or eir of them, their
or his hrs, exs, or ads, eir alone or togr with any other pson
or psons as afsd, after giving credit for any divd or divds,
composition or compositions, which may be reed from them,
or him, or on account of their or his estates or estate, and
that notwithstanding that the Co may have reed any moys
from them or him after the date of this agreet. And that
the sd secy is intended not to be discharged, varied, or
affected by any change or changes which at any time or
times hrftr may take place in the shareholders of the Co
or in the partner or partners or trade or trades of the sd

MORTGAGES. 403

B. & D. or eir of them. [And that the sd E. F. shall not
be entitled to stand in the place of the Co or to use any
remedies available in any action or other proceeding in
order to obtain from or through the Co indemnification for
the loss sustained by the sd E. F. in consequence of the
giving of the sd secy, or to claim any other benefit or relief
under the Mercantile Law Amendment Acts or any of them.]
And it is hrby declared that the powers and incidents by the
Act of 23 & 24 Vict. c. 145, § 2, conferred and made inci-
dent to mtges shall be exercisable and take effect in relation
to the property comprised in the sd muniments, except that
the power to sell (with all ancillary powers and provons)
shall be exercisable by the Co or its assns at any time or
times hftr without giving or affixing the notice mentioned in
§ 13 of the sd Act or any other notice whatever.
Dated, &c.

The Schedule above referred to.

2 I) 2

404 PEECEDENTS.

NOTICES.

CIV.

Notice as to Stock tinder R. S. C. Ord. XL VI}

To the X. Company [Limited].

Take notice that the stock comprised in and now subject
to the trusts of the [settlement] \or will] referred to in the
affidavit to which this notice is annexed, consists of the
following (that is to say) \iieYe specify the s>toGk\

This notice is intended to stop the transfer of the stock
only, and not the receipt of dividends \or the receipt of the
dividends on the stock as well as the transfer of the stock],

(Signed) A. B.

CV.

Notice <?/" Dissolution of Partnership.

Notice is hby given, that the partnership lately subsisting
between us the undersigned A. B., C. D., and E. F., as mer-
chants at X., in the county of Y., under the firm of A. & Co.,
was on the 31st day of December last dissolved by mutual
consent, so far as regards the sd A. B., who on that day
retired from the business ; and that all debts due and owing
to or by the late firm will be received and paid by the sd
C. D. and E. F.

As witness our hands this [cZa^e].

( A. B.
{Signed) C. D.

Wiinezs, G. H. ( E. F.

^ This Notice, and the Affidavit on p. 195, have the same operation as a
Writ of Distringas formerly had. See R. S. C. Ord XLVL, R. 26.

NOTICES. 405

CVI.

Notice to QuiT.yr^;;^ Landlord to Tenant.

To Mr. J. P., or whom else it may concern :

I hby give you notice, that I require you to quit and
deliver up to me on or before the \date\ the peaceable and
quiet possession of all that messe or tenement, outbuildings,
garden, and arable land, situate in the parish of E., in the
county of M., whicli you now hold of me as tenant, or orwise
that you deliver up the sd prems to me at the end of the
year of your tenancy which shall expire next after the end
of one half year from the dated hrof. Dated, &c.

Yours, &c., A. B.

[By C. D., his agent.]

CVII.

Notice to Quit, and for Double Rent.

To Mr. A. B., or whomsoever else it may concern :

I hby give you notice to quit and deliver up to me, or to
the landlord for the time being, posson of the several pieces
of land and hdts situate in the parish of X., in the county of
Y., which you now hold as tenant from year to year, and
which are more particularly described in the schedule hrto,
on the [date], or at the end of the year of your tenancy which
shall expire next after the end of one half-year from the date
hrof, and on failure thof I shall require you to pay thenceforth
double the former rent, or double the yearly value of the sd
several pieces of land and hdts, according to the form of the
statute in that case made and provided. Dated, &c.

Yours, &c.,
A. B.,
Solicitor and agent for the landlord or
landlords of the said prems.

The Schedule above referred to.
[Descrijption of projoerty.]

406 PKECEDENTS.

CVIII.

Notice to Q\}v\\/rom Tenant to Landlord.

To Mr. J. P., or whom else it may concern :

I hby give you notice that it is my intention to quit and
deliver up to you on the [date], possession of all that messe
or tenement, outbuildings, garden, and land, situate in the
parish of E., in the county of M., which I now hold of you
as tenant. Dated &c.,

Yours, &c.
A. B.

GIX.

Notice to Lessee to abate Nuisance.

To Mr. C. D,, or whom else it may concern : Whas by indre
dated, &c., and made between, &c., a piece of land with the
messe and bdgs thon, situate in the parish of X., in the
county of Y., was demised to you for the term of forty years,
at the yearly rent of £60, and subject to the covts on your
part to be observed and performed, and in the sd indre is
contd a covt to the effect that you would not erect on the
sd piece of land any new or additional erection or bldg, nor
use, or exercise, or permit or suffer to be used or exercised
in or upon the sd messe and prems thby demised, any trade
or business without the consent in writing of the sd A. B.,
his hrs or assns : Now we hby give you notice, and require
you within fourteen days from the date hruf, to take down
the cart-shed and stable you have lately erected on the sd
prems, contrary to the covt contd in the sd lease, and we
also require you immedly to discontinue the trade or bu^^iness
of a greengrocer now carried on upon the sd prems by you
or on your account, contrary to the sd covt in the sd lease ;
and we further give you notice, that the sd A. B. will enter
upon the demised prems, and make void the above-mentd

NOTICES. 407

lease, if you disregard this notice, and do not observe and

perform the covts on your part in the sd indre contd.

Dated, &c.,

M. and N.,

Solors for the above-named A. B.

ex.

Notice by Mortgagee to Tenant to pay Rent/^? him.

1 HBY give you notice, that by an indre dated &c., made
between &c., the house and prems at X. now in your occu-
pation was mortgaged to me for securing £1000 and int,
and the sd house and prems are now vested in me by virtue
of the sd indre : And I require you to pay to me or to my
authorized agent all rent now due and hrftr to become due
in respect of the same prems. Dated, &c.,

To Mr. C. D. [%»ecZ] A. B.

0X1.

Notice by Second Mortgagee to First Mortgagee.

I HBY give you notice, that by indre dated &c., made between

A. B. of the one part, and me the undersigned C. D. of the

other part, the hdts now in mortgage to you situate at X.,

were assured to me by the sd A. B. for securing the sum of

£200 and int. Dated &c.

[%we^] C. D.

To Mr. \jirst moYt(jagee\

cxir.

Notice by Mortgagee to Trustees of Mortgage of

Legacy.

To Messrs. G. H. and I. K,
Gentlemen,

I hby give you notice that by an indre dated &c., and
made between A. B., of &c., of the one part, and C. D., of &c.,

408 PRECEDENTS.

of the other part, the sd A. B. assnd unto the sd C. D., his
exors, ad mors, and assns, the legacy or sum of £2000, and
the stocks, funds, and securities upon which the same may-
be invested, and to which under the will of E. F.jlate of &c.,
deceased, the sd A. B. is absolutely entitled, subject to the
life interest in the divds, int, and annual income thof of the
sd tester's sister L. F. for her life, and which sd sum of
£2000 is now invested in the names of you the sd G. H.
and I. K., as the trees and exors of the sd will of the sd E. F.
in the Three per Cent. Consolidated Annes, by way of mtge
for securing to the said C. D., his exors, admors, and assns,
the repmnt of the sum of £700, with int thron at the rate of
£5 per cent, per annum. Dated &c.,

Yours, &c.,

Y. Z.
Soh- for the sd C. D.

CXIII.

Notice ^Sale by Mortgagee.

To Mr. A. B. and whom else it may concern :

I hby request pmnt of the sum of £1000, with int thron,
from \date\ owing to me by virtue of the indre of mtge
executed by you, dated &c. ; and I hby give you notice,
that unless the same be pd within three calr months from
the delivery hrof, I shall proceed to a sale of the hdts in the
sd indre comprised, in exconof the power thby vested in me.
Dated &c.

( 409 )

PAETNERSHIP DEED.
CXIV.

Partnership Deed behveen two Traders, with ustial

Clauses.

This Indee, made &c., between A. B., of &c., of the one
part, and C. D., of &c., of the other part: Whas the sd
A. B. has for some time past carried on the business of &c.,
at X. street, Z., in the county of Y. ; and whas the sd A. B.
has agreed to admit the sd C. D. into ptshp in the sd busi-
ness as from the [date], for the term and upon the condons
hnftr contd ; and whas upon the treaty for the sd ptshp it
was agreed that the vahie of the stock in trade, plant, and
materials used in carrying on the sd business should be taken
at the sum of £5000, and that the sd C. D. should pay to the
sd A. B. the sum of £2500 for the purchase of one moiety of
the sd business, and the stock in trade, plant and materials
used in carrying on the same ; and whas the sd C D. has
immediately before the excon hrof pd to the sd A. B. the sd
sum of £2500, as he doth hby acknge : Now this Indee
WITNESSETH, that, in consideration of the prems, each of
them the sd A. B. and C. D., as far as the covts and agreets
hrnftr contd are to be observed or performed by him, his hrs,
exors, or admors, doth hby covt with the other of them, in
manner following ; (that is to say,)

1. The sd A. B. and C. D. will be partners in the business
of [specif ij it] for the term of seven years, from [date], if they
shall so long live.

2. The firm of the ptshp shall be « A. B. & Co."

3. The business of the ptshp shall be carried on at Z., or
at such other place or places as the partners shall hraftr
determine.

410 PRECEDENTS.

4. The sd A. B. shall, when required by the sd C. D., at
the expense of the ptshp, execute such assurance for vestinj^
the prems where the ptshp business is carried on in the sd
A. B. and C. D. jointly for the remainder of the term therein,
subject to the payment of the rent and performance of the
lessee's covts, as the said C. D. may require.

5. The sd C. D. shall be at liberty, if he shall think
proper, to use and occupy the dwelling-house at No. 10,
X. street aforesaid [in the same manner as he has for some
time past used and occupied the same] for the residence
of himself and his family, without paying any rent or taxes
for the same ; and the rent of the houses and prems where
the ptshp business shall be carried on, and all repairs, addi-
tions, and alterations of, to, in, or about the same, and all
taxes, rates, assessments, payments for insurance and other
outgoings whatsoever for or in respect of the same, and the
salaries, wages, or maiuce of all clerks, travellers, workmen,
servants, or apprentices who shall be employed in or about
the business of the ptshp, and all- charges and expenses
which shall be incurred in or about the business of the
ptshp, and all losses and damages which shall happen in or
about the same, shall be paid out of the profits, or in case
the same shall become deficient, then by the ptners out
of their respve separate estates, in the proportions to which
they are entitled to the profits of the ptshp.

6. The capital of the ptshp shall consist of the stock
in trade, plant, and materials now in, upon, or belonging to
the prems where the sd business is carried on, and also the
lease of the sd prems, and of advances to be made by the
ptners as hrnftr mentd.

7. Each ptner shall within one month from the date
hrof advance to the ptshp the sum of £1000, and all future
capital required for carrying on the sd business shall be
advanced by the ptners in equal shares, and they shall be
considered as creditors of the ptshp in respect of such ad-
vances, and shall be allowed interest for the same at the
rate of £5 per cent, per annum.

8. The sd A. B. and C. D. shall at all times during the

PARTNERSHIP DEED. 411

ptshp diligently employ themselves in and about the business
of the ptshp, and carry on, manage, and conduct the same for
the greatest benefit and advantage of the ptshp.

9. Neither of the ptners shall either directly or in-
directly engage in any trade, manufacture, or business,
except upon the account and for the benefit and advantage
of the ptshp, nor take any apprentice, or hire or dismiss any
clerk, traveller, workman, or servant in the business of the
ptshp without the consent of the other, nor go any journey
for or on account of the ptshp or otherwise, without such
consent, and if eir of them shall, at any time during the
ptsbp, go any such journey without such consent as afsd, he
shall for such time as he shall be upon any such journey
forfeit a proportionate part of his share in the profits of the
ptshp, or the sum of £50, at the option of the other ptner.

10. Each of the ptners shall be just and faithful to the
other and to the partnership in all dealings and transactions
in or about the business of the ptshp, and shall give to the
other a faithful and just account thof when and so often as
the same shall be reasonably required, and shall at all times
during the ptshp, upon any reasonable request of the other,
inform him the other of all letters, accounts, writings and
other things which shall come into his hands or knowledge
in anywise touching or concerning the ptshp business.

11. Neither of the partners shall, without the consent in
writing of the other, employ any of the moneys, goods or
effects of the ptshp, or engage the credit thof, except upon
the account and for the benefit of the ptshp ; and in all
cases where there shall be occasion to give any bond, note,
bill, or other security, or sign any cheque for the pay-
ment of any money on account of the ptslqi, the same shall be
signed or executed by both partners [_or in the name of the
firm.]

12. Neither of the partners shall lend any of the moneys
or deliver upon credit any of the goods of the ptshp to any
person whom the other shall previously by notice in writing
have forbidden him to trust; and in case either partner
shall after such notice as afsd lend any money or deliver

412 PEEGEDENTS.

upon credit any goods of the ptshp, the partner so doing
shall pay to the ptshp the ready money amount or value of
the money or goods which he shall so lend or deliver upon
credit as afsd.

13. Neither partner shall, without the previous consent in
writing of the other, enter into any bond or become bail,
surety, or security, with or for any person, or subscribe any
policy of insurance, nor do or willingly suffer to be done any
thing whereby any property of the ptship may be seized,
attached, extended, or taken in execution.

14. Each partner shall duly and punctually pay all debts
now or hrftr during the ptshp owing from him ; and shall
keep the other and the property of the ptshp, indemnified
against his private debts and engagements, and all actions
and expenses on account thereof.

15. The partners shall keep proper books of account of all
moneys received and paid, all contracts entered into, and all
business transacted on account of the ptshp, and all other
matters of which accounts are usually kept in similar busi-
nesses, which accounts, together with all deeds, securities for
money, and papers belonging to the ptshp, shall be kept at
the principal place where the sd business shall be carried on ;
and shall at all reasonable times be open to the inspection of
both partners.

16. As soon as conveniently may be after the 31st of
December in every year during the ptshp the partners
shall make a full account in writing of all such goods as shall
have been bought and sold in the business (in the first of
such general accounts from the day of the commencement of
the ptshp, and in each of such subsequent general accounts
from the day of the last preceding account), and of all
moneys, stock in trade, goods and effects, belonging or due,
or owing to or by the ptshp, and of all the liabilities thof, and
of all such matters and things as are usually comprehended
in general accounts of the like nature taken by persons
engaged in similar businesses, and cause such account to be
written in two books, to be resply signed by the partners
within one calr month after the time appointed for taking

PARTNERSHIP DEED. 413

thof resply ; and after such signature each of them shall take
one of the sd books into his custody, and shall be bound by
every such account, save that if any manifest error shall be
found therein within twelve calr months after the same shall
have been so signed, and shall be signified by eir of them to
the other, then such error shall be rectified.

17. On the making up of every such yearly account all
interest which shall be due to either partner for such sums of
money as they shall resply advance to the ptshp, shall in the
first place be deducted, and the clear profits shall be divided
between them [in equal shares].

18. The sd A. B. shall be at liberty to draw out of the
business any sum not exceeding £6 per week for his own use,
and the sd C. D. shall be at liberty to draw any sum or sums
not exceeding £5 per week for his own use, but in case at the
end of the year it shall appear, upon making the general
annual account hrnbfre directed to be made, that the nett
profits of such year shall not have amounted to the aggregate
sum drawn out by the partners, then each partner shall im-
mediately after such general annual account shall have been
made and settled, repay to the ptshp the difference between
the amount of the sums which he shall actually have received
in respect of such weekly payment, and the sum which lie
shall have been entitled to receive as his share of the nett
profits.

19. Within sis calr months after the expiration or determon
of the ptshp, a full and general account in writing shall be
made and taken by the partners of all moneys, stock in trade,
debts and effects belonging to and of all the liabilities of the
ptshp, and a just valuation shall be made of all the particu-
lars included in such account which require and are capable
of valuation, and immediately after such last-mentd acct shall
have been so taken and settled, the partners shall forthwith
make due provision for meeting all the liabilities of the ptshp,
and, subject thereto, all the moneys, stock in trade, debts,
effects and things then belonging to the ptshp shall be
divided between the partners in the propons afsd, and such
instruments in writing shall be executed by them for facili-

414 PRECEDENTS.

tating the getting in of the outstanding debts and effects of
the ptshp, and for indemnifying each other touching the
prems, and for vesting the sole right in the respive shares of
the ptshp stock and property in the parties to whom the same
resply shall upon such division belong, and for releasing to
each other all claims on account of the ptshp as are usual in
cases of the like nature.

20. If either partner shall die during the ptshp, his share
in the ptshp shall be taken to be the amount which appeared
as his share of the capital in the last preceding balance-sheet,
and his exors or admors shall be entitled to rece from the
surviving partner such amount, together with or less by any
sum which may be due from or to the firm to or from the
deceased partner at the time of his death in respect of
moneys owing to or by the ptshp, by or to such deceased
partner, in respect of profits or orwise from the date to which
the last preceding balance-sheet shall have been made, up to
the time of death, together with interest after the rate of £5
per cent, per ann on the sd aggregate amount from the day
of the death of such deceased partner until payment ; and
the surviving partner shall, within two months next after
the death of the deceased partner, give such security as the
exors or admrs of the deceased partner shall reasonably require
for the payment and discharge of the debts and liabilities of
the ptshp due at the time of the death, and for indemnifying
the estate and effects of the deceased partner therefrom ; and
also for securing to such exors or admors the payment of
such aggregate amount as afsd by three equal yearly instal-
ments, payable resply at the expiration of one, two and three
years after the death of the deceased partner, and with each
of such instalments the sum due at the date of each such
payment in respect of such interest as afsd on the sd aggre-
gate amount, or on so much thof as shall for the time being
remain unpaid; and until such security shall be so given
the sd aggregate amount and interest shall be the primary
charge on all the estate and effects of the ptshp at the time
of the death of the sd partner, after payment of the liabilities
thof, and when the whole of the sd aggregate amount and

PAETNERSHIP DEED. 415

interest, and liabilities, shall have been fully paid and dis-
charged, then, or at any time thftr, the exors or admors of
such deceased partner shall, at the request and cost of the
surviving partner, his exors or admors, execute to him or
them a sufficient release of the sd security so to be given as
afsd, and also from all claims and demands respecting the
ptshp.

21. [For the purpose of giving proper effect to the last
preceding clause, in the event of the death of either partner
during the first year of the ptshp, it is agreed that the profits
of the ptshp for such year shall be fixed at the sum of £1500,
and in the event of such death taking place during the second
year of the sd ptshp, then the sd profits shall consist of the
nett profits of the preceding year (as appearing by the
balance-sheet of that year), and the hinbfre mentioned sum
of £1500 added thto.]

22. If any dispute, doubt, or question shall arise between
the partners, or their respive hrs, exors, or admors, either on
the construction of these presents, or respecting the accounts,
transactions, profits, or losses of the ptshp business, every
such dispute, doubt, or question shall be referred to the arbi-
tration of two [remainder of arbitration clause, as in Form
XXIII., p. 282] ; and this submission to reference may be
made a rule of the Chancery Division of the High Court of
Justice, on the application of either of the parties to the
reference.

416 PRECEDENTS.

POWERS OF ATTORNEY.

CXV.

Power of Attorney to execute a Deed.

Know all men by these presents that we A. B. of &c., and
C. D. of &c., hby appoint E. F. of &c., and G. H. of &c.,
attorneys and attorney in our respive names and stead and
on our behalf to receive from X. Y. of &c., or his agent or
attorney, the sum of £600, being the price agreed to be paid
by the sd X. Y. for all our estate and interest in certain
leasehold messges known resply as \insert deserij)tio7i], and
upon the receipt of the sd sum of £600 in our respive names
and stead and on our behalf, and as our respive acts and
deeds, to sign, seal, and deliver a certain indre already pre-
pared and engrossed, or intended to be shortly engrossed,
bearing or intended to bear date on or about the 31st day of
December, 1880, and made or intended to be made between
I. K. of the first part, the sd E. F. of the second part, our-
selves of the third and fourth parts resply, and the sd X. Y.
of the fifth part, and being or intended to be an assurance of
the sd messges to the sd X. Y., his exors, adms, and assns.
And also in our respive names and stead, and on our behalf,
to indorse and sign on the sd indre a proper or effectual
receipt for the sd sum of £600, and to execute and do all
other deeds and things which our sd attorneys or attorney
shall consider expedient or necessary for assuring the sd
messges, and all the estate or interest thrin of us and each of
us to the sd X. Y., his exors, adms, or assns, we hereby resply
undertaking to ratify, confirm, and allow all that our sd
attorneys or attorney shall do or cause to be done, or purport
to do or cause to be done, by virtue of these presents.
In witness, &c.

POWEES OF ATTOENEY. 417

CXVI.

Power of Attorney under the Tithe Commutation

Act.

We the Eeverend A. B., of &c., and C. D., of &e., hby
appoint E. F., of &c., to be our and each of our attorney, to
act for us and eacli of us, in the execution of an Act passed
in the 6th and 7th years of his late Majesty King William
the 4th, intituled "An Act for the Commutation of Tithes
in England and Wales." Dated &c.

Witness,

E. F., of &c.

{Signed) | ^^^

CXVII.

Power of Attorney tmder the General Inclosure

Act.

We a. B., of &c., and 0. D., of &c., hby appoint E. F., of
&c., our and each of our attorney for all the purposes of an
Act passed in the 8th & 9th years of her present Majesty,
intituled " An Act to facilitate the Inclosure and Improve-
ment of Commons and Lands held in common, and the divi-
sion of intermixed Lands, to provide remedies for defective
or incomplete Executions and for the non-execution of the
powers of General and Local Inclosure Acts, and to provide
for the revival of such Powers in certain Cases." Dated &c.

{Signed) j ^^

Witness,

E. F. of &o.

2 E

418 PEECEDENTS.

CXVIII.

Power of Attorney to recover a Debt.

To ALL TO WHOM these presents shall come, I, A. !>., of &e.,
send greeting : Whas C. D., of &c,, is indebted to me in the
sum of £257 : Now know ye, that I hby appoint E. F., of
&c., my attorney, to demand of the sd C. D. the sd sum of
£257, and on non-payment thof, or any part thof, to com-
mence and prosecute any action for the recovery of the same
in my name, and generally to do all acts, deeds, and things
in or about the prems as fully and effectually as I could do
if personally present, I hby ratifying and confirming all the
sd E. F. shall do or cause to be done in or about the prems
by virtue hrof.
In witness, &c.

( 410 )

EELEASE.
CXIX.

Release to Executors by a Residuary Legatee.

This Indre, made &o,, between A. B., of &c., of the one
part, and C, D., of &c., and E. F., of &c., of the otlier part :
Whas G. H., late of &o., deceased, by his will, dated &c.,
bequeathed unto the sd 0. D. and E. F. all the residue of
his psnl este upon trust (after pmnt throut of a legacy of
£100 to I. K., and a legacy of £100 to L. M.) for the sd
A. B. absolutely; And whas the sd G. H. died without
having revoked or altered his sd will, which was duly proved
on the \datb\ by the sd C. D. and E. F. : And whas the
whole of the residue of the psnl este of the sd G. H. has
been got in by the sd C. D. and E. F., and after pmnt throut
of the expenses incidental to getting in the same, and the sd
legacies of £100 and £100, there remains in their hands the
sum of £25,763 : And whas the accts of the sd C. D. and
E. F., shewing the gross amount of the psnl este of the sd
G. H., and the pmnts throut, have been handed to and fully
inspected by the sd A. B,, and signed by him in order to
express his approbation of the same : And whas the sd C. D.
and E. F. have before the excon hrof paid to the sd A. II
the sd sum of £25,763, being the balance appearing by the
sd accts to be due to him in respect of the sd psnl este :
Now THIS Iedee WITNESSETH, that in conson of the prems,
he the sd A. B. doth hby release the sd C. D. and E. F. and
each of them, their and each of their hrs, exors, and admors,
from the residue of the psi)l este of the sd G. \\., and from
all trusts declared by his sd will, and from all actions, accts,
claims, and demands on acct of or in relation to the este or

2 E 2

420 PRECEDENTS.

effects of the sd G. H., or in relation to any act, matter, or
tbing in anywise incidental to or connected with the same:
[And the sd A. B. doth hby covt with the sd C. D. and E. F.,
and each of them, their and each of their exors or admors,
that in case the sd C. D. and E. F., or eir of them, their or
eir of their exors or admors, shall hrftr be called upon to
pay any debt or sum of money owing from the sd G. H., not
already discharged, the sd A. B. will immediately pay or
reimburse the sd C. D. and E. F. and each of them, their
and each of their exors and admors, such debt or sum as
afsd, togr with all costs and expenses which they or he shall
have paid on account or in consequence of the demanding
or recovery of such debt or sum, as afsrl, or in anywise
relating thrto.]
In witness, &c.

( 421 )

BEQUEST.

cxx.

Request by Cestuis q^ie Trustent to Trustees to
SELL OUT Stock for a Loan.

To A. B. and C. D., trustees of an indre of stlrant dated, &c.
I, the undersigned B. H., do hereby (with the consent of
the undersigned A. H., my wife) request that so much of the
£3 per Cent. Consd Bank Annies standing in your names as
such trees as afsd as will realize the sura of £1000 sterling
may be sold, and that the sd sum of £1000 may be advanced
and lent to me, the undersigned E. H., upon secy of my
bond, payable on demand, with int in the meantime at the
rate of £5 per cent, per ann, pursuant to the power for that
purpose contd in the sd iudre. Dated &c.

422 rRECEDENTS.

SETTLEMENTS.
CXXI.

Settlement, 07i Marriage, of Real Estate/

This Indre, made &c., between A. B., of &c., of the first
part, C. D., of &-c., of the second part, and E. F., of &e., and
G. H., of &e., of the third part : Whas the sd A. B. is seised
in fee free from incumbs of the hdts intended to be hby
granted ; And whas a marre has been agreed upon, and is
intended shortly to be solemnised between the sd A. B. and
C. D., and upon the treaty for such marre the sd A. B.
agreed to settle the sd hdts to the uses, upon and for the
trusts and subject to the provons hrnftr declared concerning
the same : Now this Inre witnesseth, that, in conson of
the prems, the sd A. B. grants unto the sd E. F. and G. H.
and their hrs, all &c. [sei out 2)arcels\, To hold the sd hdts
unto the sd E. F, and G. H., their hrs and assns, to the use of
the sd A. B., his hrs and assns, until the solemnisation of
the sd intended marre ; and after the solemnisation thof, to
the use of the sd A. B. and his assns for his life, without im-
peachment of waste ; and after his dece to the use of the
sd C. D. for her life for her separate use, without power of anti-
cipation, and after the dece of the svor of them, the sd
A. B. and C. D., to the use of all or such one or more exclu-
sively of the other or others of the children of the sd
intended marre, for such estes or este, interests and interest,
and if more than one in such shares, and under and subject
to such charges, powers, provos, and limons for the benefit

^ In this form the powers of mainteuance, accumulation, appointing
new trustees, and giving receipts, are omitted in reliance on the statutory
powers.

SETTLEMENTS. 423

of all, or any one or more of the sd cliildren, and in such
manner as the sd A. B. and C. D. shall by deed, with or
without power of revocation and new apptmt, appt, and in
default of, and so far as any such apptmt shall not extend,
then as the svor of them shall in like manner, or by will
appt ; and in default of, and so far as any such apptmt shall
not extend, to the use of all and every the children of the
sd intended marre, and their respive hrs and assns, as
tenants in common ; and if there shall be only one such
child, then to the use of such only child, his or her hrs and
assns ; and in default of such children, to the use of the sd
A. B., his hrs and assns : Provided always, and it is hby
declared, that it shall be lawful for the sd A. B. during his
life, and after his death, for the sd C. D. during her life, to
demise all or any of the sd prems for any term not exceeding
twenty-one years in posson, so that there be reserved in
every such lease the best yearly rent or rents, to be incident
to the immediate reversion that can be reasonably obtained
without any premium, and so that there be contd in every
such lease a condition for re-entry on non-payment within a
reasonable time to be thrin specified of the rent or rents
thby reserved, and so that the lessee or lessees execute a
counterpart thof : Provided always, and it is hby agreed,
that it shall be lawful for the sd E. F. and G. H., or the
svor of them, or his hrs, or their or his assns, but during the
lifetime of a tenant for life only with his or her consent in
writing, to sell the sd hdts or any part thof, by public
auction or private contract, and subject to such condons,and
generally in such manner as to them or him shall seem
desirable, and to stand possed of the nett proceeds of such
sale, upon the same trusts as are hrnbfe declared, and in
the same manner as if no such sale had taken place.

In witness, &c.

424 PKECEDENTS.

CXXII.

Settlement, on Marriage, of Personalty.

This Indre, made &c., between A. B., of &c. \intendjed
husband] of the first part, C. D., of &c. [intended tvife] of the
second part, and E. F., of &c., and G. H., of &c. [trustees] of
the third, part : Whas the sd C. D. is entitled to a sum of
£1000 £3 per Cent. Consolidated Annies, lately standing in
her name in the books of the governor and company of the
Bank of England ; And whas a marre has been agreed upon
between the sd A. B. and C. D., and in psce of an agrt in
that behalf made upon the treaty for the sd marre the sd
sum of £1000 £3 per cent. Consolidated Annies has been
transferred into the names of the said E. F. and G. H.

Now THIS Indenture witnesseth, that, in conson of the
sd intended marrge, it is hby agreed and declared that the
sd E. F. and G. H., their exors, admors, and assns, shall stand
possed of the sd sura of £1000 £3 per Cent. Consolidated
Annies, in trust for the sd C. D., until the solemnisation of
the sd intended marre, and after the solemnisation thof,
upon trust that they the said E. F. and G. H., and the sur-
vor of them, his exors or admors, their or his assns (hrnftr
called " the trustees "), shall either permit the whole or any
part of the sd anuies to remain in its present state of invest-
ment, or shall at any time with the consent in writing of the
sd A. B. and C. D. during their joint lives, and of the survor
of them during his or her life, and after the death of the
survor of them at the discretion of the trees, sell the same,
and invest the proceeds thof in their names in any of the
parliamentary stocks or public funds of Great Biitaiu, or at
interest upon government or real securities in England or
Wales (but not jn Ireland), or on the debentures or stock of
any such railway, canal, or other incorporated company in
Great Britain as the trustees shall think well established and
sound ; with power with such consent or at such discretion
as afsd to vary or transpose any such investments; and
shall, during the joint lives of the sd A. B. and C. D., pay

SETTLEMENTS. 425

the income of the sd annies, and of the investments for the
time being representing the same (hrnftr called " the trust
fund"), unto the sd C. D,, for her separate use, indepen-
dently of the sd A. B., without power of anticipation ; and
after the death of such one of them the sd A. B. and C. D.
as shall first die, shall pay the income of the trust funds unto
the survor of them during his or her life, and after the death
of such survor, the trustees shall stand possed of the trust
funds, in trust for all or such one or more exclusively of the
others or other of the children of the said C. D. in such
manner generally as the sd C. D. shall by deed with or with-
out power of revocation and new appointment, or will, or
codicil, appt, and in default of any such apptmt, and so far
as any such apptmt shall not extend, in trust for such one or
more of the children of the sd C. D., as being a son or sons
shall attain the age of twenty-one years, or being a daughter
or daughters shall attain that age or marry, and if more than
one, in equal shares : Provided always, that no child or
children taking any part of the trust funds under any
apptmt to be made in pursuance of the power herein con-
tained, shall be entitled to any share in the unappointed
part of the trust funds without bringing his, her, or their
appointed share or shares into hotchpot and accounting for
the same accordingly : And it is hereby declared, that it
shall be lawful for the trustees at any time or times after the
decease of the survor of the sd A. B. and C. D., or in the
lifetime of them or of the survor of them, in case they, he, or
she shall so direct in writing, to raise any part not ex-
ceeding half of the then expectant or presumptive or vested
share of any child under the trusts hrnbfre declared, and to
pay or apply the same to him or her, or for his or her ad-
vancement or benefit, as the trustees shall in their discretion
think fit : And it is hereby declared, that in case there
shall be no child of the sd marre, who being a son shall
attain the age of twenty-one years, or being a daughter shall
attain that age or marry, the trustees shall stand possed of
the trust fund, or of so much thof resply as shall not have
been applied under any of the trusts or powers herein contd,

426 PKECEDENTS.

upon the trusts following, that is to say, in case the sd A. B.
shall die in the lifetime of the sd C, D., then in trust for the
sd C. D., her exors, admors, and assns: but in cas3 the sd
C. D. shall die in the lifetime of the said A. B., then, after
the decease of the said A. B. and such default or failure of
children as afsd (which shall last happen), upon such trusts
as the sd C. D. shall, by will or codicil, appt ; and in default
of such apptmt, and so far as any such apptmt shall not ex-
tend, in trust for such person or persons as at the decease
of the sd C. D. would have become entitled thereto under
the statutes for the distribution of the personal estes of in-
testates, in case the sd C. D. had died possed thof intestate
and without having been married, such persons, if more than
one, to take as tenants in common in the shares in which
they would have been entitled under the same statutes.

And it is hby declared that the power of apptg a new
tree of these presents shall be exercisable by the said A. B.
and C. D. during their joint lives and by the svor of them
during his or her life and afterwards by the surviving or
continuing trees or by the last retiring tree, and upon every
apptmt the number of trees may be augmented or reduced,
but not so as to reduce their number to less than two.

In witness, &c.

C 42T )

TESTIMONIUM.
CXXIII.

Testimonium to Instrtcmeiit executed by Attorney.

In Witness whereof the said A. 13. has set his hand and
seal, and by virtue of a power of attorney enabling him in
that behalf, a copy whereof is hereto annexed, has set the
hand and seal of the sd C, D. this [tZa^e].

A deed executed under a power of attorney should always be signed in
the name of the principal, thus : —

" C. D.

by A. B. his attorney."

428

PKECEDENTS.

WILLS.

CXXIV.

Will giving all Testator s Property to his Wife
and appointing her Executrix/

This is the last will of me, A. B., of &e. I give [devise
and bequeath] all my [real and personal] estate and effects,
unto [and to the use ol] my wife C. B. [her heirs, executors,
administrators and assigns, according to the nature and
tenure thereof] absolutely : And I appoint her executrix of
this my will.

In witness whereof I have hereunto set my hand this 8rd
day of December, 1880.

A. B.
Signed by the said A. B. as his last '

will in the presence of us, who in

his presence at his request, and in

the presence of each other, have

hereunto subscribed our names as

witnesses.

E. F., of &c.
G. H., of &e.

cxxv.

Will making various Devises and Bequests, and
giving the Residue to Testator s Children.

This is the last will of me, A. B,, of &c. I bequeath to my
wife C. B. the sum of £100 to be paid within one calr month

^ Where brevity is au object the words in biaclieis may be omitted.

WILLS. 429

after my decease. I devise unto my son Thomas, his heirs
and assigns, my farm known as " The Holly Farm," consist-
ing of a messge and outbuildings, and about fifty acres of
land, situate at [Nettlebed], in the county of [Oxford], [free
from the mortgage of £1000 thereon, in favour of William
Jackson, which sum of £1000 and all interest due thereon, I
direct shall be paid out of my personal estate after payment
of the legacies bequeathed by this my will].^ I devise unto
my son John, his heirs and assigns, all that my freehold messge
situate at and being No. [500, St. Paul's Churchyard], in the
city of [London]. I bequeath unto my sd wife all my house-
hold furniture and chattels of every description. I bequeath
unto my friend E. F., of &c., the sum of £100 : And I devise
and bequeath all the residue of my real and personal estate
and effects unto and to the use of my sd sous Thomas and John,
their heirs, executors, administrators, and assigns, according to
the natures and tenures thof, as tenants in common. I appoint
my sd sons Thomas and John, and my friend G. H., of &c.,
exors of this my will ; and I bequeath to the sd G. H. £100
if he shall prove my will.

In witness, &c.

CXXVI.

Will giving Real and Personal Estate to Tries tees
for the benefit of Testator s Wife and Children ;
with Special Provisions.

This is the last Will of me, A. B. of \imert residence
and description]. I bequeath to my wife C. B. absolutely,
my wines, liquors, fuel, and other consumable household
stores and provons, linen, china, and glass, wearing apparel,
watches, jewels, and personal ornaments. Also a legacy of
[£100] to be paid to her within one calr month after my
death. I bequeath to my sd wife, so long as she shall

^ In the absence of this chiuse, Thomas would have to pay off the mortj;age
out of his own pocket, or take the farm subject to it.

430 PEECEDENTS.

remain my widow, the use and enjoyment of my plate, plated
articles, books, pictures, prints, musical instruments, furni-
ture, and other articles of household use or ornament not
hrnbefre bequeathed [^and after her decease or future mar-
riage again (which shall first happen) I bequeath the same
to all my children or any my child who shall have attained
or shall attain twenty-one years of age, and, if more than
one, to be divided between them as nearly as may be in
equal shares by my trees, whose determination shall be final,
and who shall have power conclusively to direct that any
sums of money for equality of partition shall be paid by any
one or more to any other of the psons becoming entitled to
a share in the same effects]. I devise and bequeath all
the residue of my real and psonal este unto E. S., of &c.,
T. W., of &c., and X. Y., of &c., their hrs, exors, admors, and
assns, upon trust that they or the survors or survor of them,
or the exors or admors of such survor, their, her, or his assns
(hrnbfre and hrnfter called " my trees ") shall, in such manner
in all respects as they shall think fit, convert into money
such part thof as shall not consist of money. And shall,
out of the proceeds thof and the money of which I shall be
possed at my death, pay my funeral and testamentary ex-
penses and debts And shall invest the residue thof in any
of the investments hrnftr authorized, and shall pay the in-
come thof and of the sd investments (hrnftr called " my trust
fund ") to my si wife so long as she shall remain my widow.
And after her death or future marre,^ shall hold my trust fund
upon trust for all my children or any my child who, either
before or after my death shall attain twenty-one years of
age, and if more than one in equal shares [subject, never-

^ If this clause were omitted the furniture would fall into the testator's
residuary estate and be sold on the death or future marriage of his widow.

2 If it is desired not to give the widow the whole income of the residue
the following clause may be used : —

And shall out of the income [cfec, as ahove] pay to my sd wife an anny
of [£500] so long as she shall remain my widow by quarterly payments, the
first to be made three calr months after my death and a proportionate part
of the sd anny to be pd down to the day of the death or future raarre of my
sd wife, and subject thereto shall hold [trusts for children as above].

WILLS. 431

theless, to the provons of this my -will concerning the share
of each daur of mine]. [And I declare that my trees
shall hold the share of each daur of mine in my trust fund
upon trust to pay the annual income thof to such daur during
her life without power of anticipation, and after her decease
In trust for all or any such one or more of the issue of such
daur born in her lifetime, in such manner in all respects as
she, whether covert or sole, shall by will or codicil appoint,
and in default of such appointment Upon trust for such one
or more of the children of such daur as, being male shall
attain twenty-one years of age, or being female shall attain
that age or marry, and if more than one in equal shares,
but no child who or whose issue shall take any part of
my trust fund under any such apptmt shall participate in the
unappointed portion thof without bringing the benefit of such
apptmt into hotchpot, and if there shall be no child of such
daur who being male shall attain twenty-one years of age,
or being female shall attain that age or marry. In trust for
the others or other of my sd children who shall have attained
or shall attain the age of twenty-one years, and if more than
one in equal shares, but so that the share or shares accruing
to every daur of mine shall be held upon the same trusts (so
far as circes will admit) as her original sliare.] And I de-
clare that if any of my children shall die under the age of
twenty-one years, and shall leave any child who being male
shall attain the age of twenty-one years, or being female
attain that age or marry, such child or children shall take
the share in my trust fund to which his, her, or their parent
would have been entitled if he or she had attained twenty-
one. And I DECLARE that every proven made by this my
will for a female is for her separate use. And I declare
that my trees may, with the consent of the tenant for life (if
any), and if none at their discretion, apply any part or parts
(not exceeding altogether one-half) of the then expectant,
presumptive, or vested share of any infant in my trust fund,
for or towards the advancement or benefit of such infant.
[And I DECLARE that my trees may, at their sole discretion,
postpone the conversion of any of my residuary este so long

432 PRECEDENTS.

as they shall judge expedient, but, for the purpose of trans-
mission my residuary real este shall be considered as con-
verted in equity from the time of my decease, and the nett
income from every part of my residuary este, previously to
as well as after the conversion thof, shall be applied as in-
come of my trust fund. And I declare that my trees may
apply any part of my trust fund in erecting any buildings,
fixtures, and machinery, upon and making any other addi-
tions to and improvements in, and may grant easements over
my residuary real este and chattels real for the time being
remaining unsold, and may generally manage and improve
and lease the same from year to year, or for any term not
exceeding fourteen years, to take effect in posson or within
twelve calr months from the making of the lease at rack-
rent.] And I DECLARE that my trees may invest any trust-
moneys which may come into their hands under this my will
in any of the public stocks or funds of G-reat Britain, or upon
Government, real, long leasehold, or copyhold securities, or
in or upon the stocks, funds, shares, or securities of any Co
incorporated by royal charter, or by or under any public or
private Act of Parliament, or in or upon the securities of any
municipal corporation, board of guardians, board of health,
local board, burial board, baths and washhouses commissioners,
or other similar public body, and that they may, at their or
his discretion, vary the said stocks, funds, shares, and secu-
rities, for any other investments of the nature afsd. And I
DECLARE that my trees shall have power to investigate,
arrange, and settle, all accounts and transactions whatsoever
between me and any other pson or psons with whom I am or
shall be concerned in any partnership, or between me and
the repres of any such pson or psons, and to wind up all the
aifairs of such partnership, and generally to do and execute
all such acts, matters, and things as shall appear to them to
be necessary or expedient for effecting or facilitating the
final settlement of all matters arising out of any partnership
concerns in which I shall be engaged at my deatb, or shall
at any former period have been engaged. I devise all estes
vested in me upon trust or mtge unto the sd R. S., T. W.,

WILLS. 433

andX. Y., their hrs and assns, upon the trusts and subject to
the equities subsisting therein resply, but the money secured
on such mtges shall form part of ray psnal este. I appt the
sd R. S., T. W., and X. Y., exors of this my will, and I
revoke all wills and testamentary dispositions heretofore
made by me.
In witness, &c.

THE END.

2 F

INDEX.

ABSTRACT,

comparing with court rolls, 105

comparing witii deeds, 21, 42

delivery of, 20

execution and attestation of deeds should appear ou, 44

perusal of, 45-46

preparation of, 17, 20

registration of deeds should be noticed in, 44

sample analysis of, [47]

stamps slioidd be marked on, 42, 43

stipulations as to delivery of, [20G], [252], [259], [274], [27G], [285]

stipulations as to cost of verifying, [201], [204], [256], [266], [270], [271],
[280]

verifying, 41-45
ACCOUNT BOOKS,

provisions as to keeping, [220], [225], [230], [239], [412]
ACKNOWLEDGMENT,

certificate of, by married woman, [251]
ADMINISTRATION,

acting before probate, 175

action wliere necessary, 175

action, recital of, [350]

advertisements for creditors, 176

advertisements for creditors, [193], [194]

bequest of leaseholds, 178

legacy receipts should be taken, 178

letters of, how obtained, 168-70
recital of, [344]

petition by trustees for advice, 177

questions of construction, how decided, 177
AFFIDAVIT,

execution of bill of sale, of, [196]
by sheriff, [197]

notice in lieu of distringas, for, [195]

re-registration of bill of sale, for, [197]

satisfaction of bill of sale, to enter, [198]

verifying notice of dissolution, [195]

N.Il. — The itumhcrtt in hrarlieAa — Ihm [237] — refer tu the Forms.

2 I' 2

4'oCi INDEX.

AGENT,

agreements appointing, [229], [232], [238]
AGREEMENT,

appointing agent for manufactnrer, [229]
for patentee, [232]
for mineral water company, [238]

appointing consulting engineer of colliery, [2:!4 |

appointing managing clerk of brewery, [225]

appointing manager of coal-mine, [236]
fireclay works, [221]

appointing traveller, [226]

covenants in, 6

difficulty in drawing, 2

execntion and attestation of, 8

instructions for, 2

lease for, requires lease stamp, 9

lease for, 87

lease of house, for, [210]

manufacturer and his son, between, [217]

mortgage, for, [211]

preparation of draft, 5

reference to arbitration, for, [214]

release of annuity, for, [213]

recitals of, [345], [346], [347]

sale of British ship, [208]

sale of freehold farm, [200]

sale of freehold house — Concise Form, [199]

sale of leasehold lace mill, [205]

stamps on, 9

solicitor and articled clerk, between, [241]

tenancy of house, [365]

tenancy of farm, [374]

tenancy of cottage, [367]

written, when necessary, 3
ANNUITY,

agreement for release of, [213]
APPOINTMENT,

gamekeeper, of, [247]

new trustee, of, [245]

by indorsement, [246]

share of residue, of, [244]
APPRENTICESHIP INDENTURE, [241]
ARBITRATION,

agreement for reference of action, [216]

disputes, [214]
clause referring disputes, [221], [232]. [383], [415]

N.B. — The numbers in hrachets — tlms [237]— re/er io the Forms.

INDEX. 437

ARTICLES OF CLERKSHIP, [241]
ASSIGNMENT,

debts, [331]

goodwill of business, [337]

lease, recital of, [340]

leasebolds, [324]

leaseholds by indorsement, [325]

leaseholds by mortgagor and mortgagee, [32G]

leaseholds by mortgagee, [328]

policy of insurance, [335]

reversionary interest, [333], [335]

BANKING ACCOUNT,

memorandum of deposit to secure, [401]
BILLS OF SALE ACT, 1878 {and see Affidavit).

attornment clause under, 72

provisions as to attestation and registration, 67-8

settlement of furniture need not be registered, 139
BOND,

common money, [248]

manager by, [248]

stock, to secure transfer of, [250]
BRITISH SHIP,

agreement for sale of, [208]
BUILDING ESTATE,

deed of covenants, relating to, [353]

CHARITABLE USES, STATUTE OF, 161
CODICIL,

recital of, [343]
COMMERCIAL TRAVELLER,

agreement appointing, [226]
COMMON RIGHTS,

grant of, [321]
CONDITIONS OF SALE,

abstract (see Aktract).

abstract, commencement of, [289], [290]

abstract, short, for small lots, [292]

advance in biddings, [252], [258]

advances fixed by auctioneer, [289]

advising purchaser on, 36

age of cestui que vie, [275]

Birmingham Law Society's common form, [283]

building society mortgages, [254]

Chancery Division, under judgment of, [276]

copyholds and freeholds, [297]

N.B.—The numbers in brachets—thus [237]— re/er to the Forms.

438 INDEX.

CONDITIONS OF SAhE— continued.
cost of evidence, [297]

delivery of deeds, [202], [256], [263], [268], [270], [280]
dower, [254]
easement rent, [295]
freehold house, of, [252]
freeholds iu lots, [258]

identity, [201], [255], [261], [265], [266], [271], [279], [296]
interest, payment of, [202], [203], [207], [256], [275], [284]
intestacy and heirship, [291]
land tax, [261]

leases to be notice of contents, [262], [264], [270], [286]
leaseholds — performance of covenants, 39
leaseholds, special as to, [293], [294], [296]
loss of deeds, [292]

mortgage to bank trustees, [279], [295]
l)reparation of, 17
printing, 18-19

registration of deeds, [202], [203], [254], [266]
requisitions (-See Requisitions).
rescission, for, [204]
should not be miskading, 38
stamping deeds, [202], [203]
tenancies, [296]

time for completion, [202], [206], [256], [262], [267], [270], [272], [275], [281 ]
title to be accepted, [291]
title not marketable, [291]
trustees selling, [260]
valuation of fixtures, [255]
vendor's name should appear iu, 18
will root of title, [289]

CONFIRMATION,

deeds of, [349]
CONTRACT (and sec Agueement).
advising purcliaser on, 34
letters by, 35

ojien, beneficial to purchaser, 11, 33
sale, for, drafting, 13

CONVEYANCE,

approval of draft by vendor's solicitor, 55

copyholds, of, 110, [318-9]

engrossment of, 56

execution and attestation of, 27

freehohls and copyholds, [323]

fieeholds, by appointment and grant, [304]

freeholds, in fee— short form, [298], [299]

freeholds iu fee, by lessor and lessee — full form, [301]

N.B. — 'The numbers in hracJceis — thus [237] — refer to the Fonus.

INDEX. 439

CONVEYANCE— coH//«!<e(/.

freeholds by mortgagor and mortgagee, [306]

freeholds, by indorsement, [300]

freeholds by clerk of the peace, [311]

freeholds by mortgagee under power, [308]

freeholds by tenants in common, [309]

freeholds for burial ground, [317]

life estate, of, [316]

parcels (copyholds), [319]

parcels (freehold), [299], [313], [316], [317]

parcels (freehold house), [307]

parties to, 50-52

perusal of draft by vendor's solicitor, 21

preparation of draft, 50-56

recitals in, 54, [339-34S]

recital of, [339]

registration of, 57

stamijs on, 57

COPYHOLDS,

admittance on prnchase, 115
completion of purchase, 113
conditional surrender of, [397]

wariant to enter satisfaction, [398]
conveyance of, 110

coijies of Court roll should be handed over on purchase, 109
devise to trustees, 161
■ disclaimer of, 164, [361]
enfranchisement, 118-121
enfranchisement, deed of, [320]
fees on surrender, 115
fines on admission, 116, 117
inquiries on purchase, 100
lease of, 86
mortgage of, 63
purchase of, 105
purchase by corporation, IIS
searches on purchase, 1 05
special condition as to, [297]
stamps on purchase, 112
surrender of, [318]
surrender to trustees, [322]
tenure of, 103

COSTS,

disclaimer, of, 164

original scale of conveyancing proposed by Incorporated Law Society,

183-185
proposed new scale of conveyancing, 186-190
usual conveyancing, 180-182

N.B. — Tlie nuinhtrs iit brackde—lhus [237] — refer to the Forms.

440 INDEX.

COUKT KOLLS,

copies should be handed over on completion, 109
should be searclied, 106
COVENANT,

against incumbrances, [303], [307], [308], [329]

assignment against, 95-96, [371]

buildings to be uniform, [353]

conditions as to performance of, on sale of leaseholds, 39

copyholds, title for, [319]'

deed of, relating to rivers, [356]

further assurance, for, [318], [332], [338]

infant to convey on attaining majority, [310]

insure, to, [370], [395]

relief against breach, 40

waiver of breach, 39
in lease,

management of farm, as to, [380]

not to assign without licence, [371]

not to carry on trade, [3701, [373], [386]

to consume hay, &c. on premises, [377], [360]

to comi^lete buildings, [385]

to conduct public-house properly, [373]

to insure, [370], [395]

to pay rent, [369], [376], [379],

to permit lessor to view premises, [370]

to repair, [369], [372], [335]

to produce original lease, [372]

to preserve game, [37.*]

to pay share of maintaining road, [386]

to register assignments, [387]
legal proceedings, as to, [358]
not to carry on specified trade, [338]
payment of principal and interest, [393]
production of deeds, [305]

by separate deed, [352]

costs of, 12
repair, to, [368]

road, to make and maintain, [303]
quiet enjoyment for (in lease), [371], [376], [383]
title, for, freeholds, short form, [298], [300], [305], [315]

full form, [302,] [307]

tenant for life, by, [316]

leaseholds, [324], [325-6], [327]

by mortgagor of freeholds, [395]
of copyholds, [398]
of leaseholds, [400]

by beneficial owner, 25

by fiduciary owner, 26

X.B. -The iniiabers in brackets— thus [237] — refer (u the Forms.

INDEX. 441

COVENANT— con<t?i«ed

that covenants and powers in a deed shall apply to property assigned by

an indorsed deed, [331]
usual, in leases, 91

DEBTS,

assignment of, [331]
DISCLAIMER,

copy h' lids, of, [3G1]

copyholds, of, 161

costs of, 16-1

deed always desirable, 163.
form of, 163, [3G0], [361]

stamp on, 165

trustees of will, by, [360]
short form, [361]

verbal sufifieient, 163
DISENTAILING DEED, [363]

DISENTAILING DEEDS, 149-152 (and see Estate Tail).
DISTRESS,

power of, [315]
DISTRINGAS,

affidavit for notice in lieu of, [195]

notice in lieu of, [-lO-l]

writ of abolished and notice substituted, 145
DOCUMENT,

table shewing who prepares and pays for, 179
DOWER,

declaration to bar, [304]
DRAFT,

outline of, should be prepared, 5

EASEMENT,

reservation of, [299], [384]

right of way, grant of, [302]
reservation of, [384]
EQUITABLE INTEREST,

transferred by agreement, 4
ESTATE TAIL,

acknowledgment of disentailing deed, 151

barred by disentailing deed, 149

burring in copyholds, 107

consent of protector necessary to bar, 150

enrolment of disentailing deed necessary, 150

stamps on disentailing deed, 152
EXECUTOR {See Administration).

recital of appointment of, [345]

N^.—Tke numbers in brackets— thus [237]— refer to tfie Forms.

442 INDEX.

EXECUTION,

iustructious for, of deed, 190

FINES AND RECOVERIES ACT {See Estate Tail and Markied

Woman).
FREEHOLD FAHM,

iigreeuKJut for sale of, [200]
FREEHOLD HOUSE,

agreement for sale of, [190]

conditions of sale of, [252]

mortgage of, G3

GOODWILL,

assignment of, [337]

HUSBAND AND WIFE (-See Mauiued Wu.man).

INFANT,

conveyance by tenants in common with, oil

lease by, 83
INSTRUCTIONS,

for execution of deed by layman, 190

signature of, by client, 2
INSURANCE,

rights of vendor and purchaser in case of fire, 29, 41
INTEREST,

purchase-money on, 28 {and see Conditions of Sale).

LANDLORD,

notice by, to quit, [405]

to tenant to abate nuisance, [406]
LEASE {and see Agreement ; Tenancy).
agreement for, 87

house, of, [210]
building, [383]
cesser of rent of mining, 98
costs of, 93
counterpart of, 89, 99
covenants in {See Covenants).
covenants usual in, 91
determine, power to, [374]
duties of lessor's solicitor, 82-93
duties of lessee's solicitor, 93-102
engrossment and execution of, 92, 93, 100
farm, of, [377]
farm, of, from year to year — concise form, [376]

N.B. — The numbers in hraclets—thus [237]— rt/er lo the Forms.

INDEX. 14 o

L K ASE — coat in iied.
house of, [3G9]

iuvestigatiou of lessor's title, 88
perusal of draft, 9i
power of re-entry, [371], [3S0]
power of various persons to graut, 83-86
power, under, 91
preparation of draft, 90

proviso requiring lessee to give up part of land, [382]
recital of, [324], [3i0], [399]
registration, 100

rents, reservation of pe.ial, [376], [379]
stamps on, 101
fctipulations in agreements for various kinds of, 88-89

LEASEHOLDS,

agreements for sale, [205]

assignment, [324], [325]

assignment by mortgagor and murtgagee, [320]

assignment by mortgagee under power, [328]

assignment by way of further assiu-auce, [330]

bequest of, 178

conditions of sale of, [269]

mortgage of, 63

registration of Mill unnecessary, 178

special conditions relating to, [293], [294], [296]

surrender of, [301]

LEGACY DUTY, 171

LETTERS OF ADMINISTRATION (g-ee Probate and Admikistkation) •

LICENCE,

for sale by auction, [388]
for assignment of lease, [388]

LIFE ESTATE,

conveyance of, [316]
mortgage of, 65

LOCKE KING'S ACT, 159.

LORD CRANWORTH'S ACT,

power of appointiug new trustees, 24, U2
power of maintenance under, 142
power of sale to mortgagees, 23-24, 71

clause in mortgage incorporating, [396], [403]
power to give receipts, 24, 143
power to mortgage under, 60

LORD ST. LEONARDS' ACT,

advertisements under, 176, [193], [194]
breach of covenant to injure, 39-40

_jvr.2? —The numbers in bracliels—lhun [237]— re/e;' to the Fornix.

444 INDEX.

LOKD ST. LEONARDS' ACT— continued,
petition for advice under, 177
power for executors or trustees to mortgage, 59

MANAGEE,

agi-eements appointing, [221], [225], [236]
bond by, [248]

MANUFACTURER,

agreement between and his son as to services, [217]
agreement for tenancy between and workman, [367]

MARRIED WOMAN,

acknowledgment of deed by, 53, 57, 153

certificate of, [251]
bare trustee may convey legal estate, 53, 155
commissioners for taking acknowledgments by, 15-1
concurrence of husband in deed when dispensed with, 152
lease by, 83

property of, how conveyed, 53
separate use, 155

MEMORIAL,

assignment, [391]
conveyance, [390]
lease, [392]
indorsed deed, [392]
mortgage, [391]

MILLS AND MANUFACTORIES,

mortgage of, 6i

improper investment for trustees, 69

MINERALS,

reservation of, [314], [377], [384]

MORTGAGE,

agreement for, [211]

banking account, memorandum of deposit to secure, [401]

completion, 74

copyholds of, 72, [397]

costs of, 75-76

covenant to pay principal and interest, [393]

covenants for title, [395]

equitable, to secure banking account, [401]

freehold, houses of, [393]

freeholds, short form adopting statutory powers, [396]

further charge, recital of, [341]

leases by mortgagor and mortgagee, 84-5

leaseholds by assignment, recital of, [326]

leaseholds by demise, [399]

leaseholds, recital of, [341]

N.B.—Tlie numbers in hracJids—thiis [237]— rf/er to the Forms.

INDEX. 445

MORTGAGE— conliiuied.

notice by mortgagee to tenants, [407]
notice to trustees, [407]

by second mortgagee to first, [407]
parcels in, [395]

power of sale under Lord Gran worth's Act, 23, 24, 71, [3i)(;]
power of sale, [394]

power of trustees to, under Lord St. Leonards' Act, S9
preparation of draft, 70
proviso for redemption, [394], [397], [400]
recital of, [306], [308], [336], [341]
recital of amount owing, [306], [308], [342]
recital of transfer, [342]
reconveyance, 76
securities classified, 62
securities proper for trustees, 68-9
title to be required on, 61
sale luider power in, 77
transfer of, 79

NOTICE,

forms of, [404-8]

to trustees of assignment of reversion, [335]

PAKTICULARS OF SALE,

must not be misleading, 16
reversionary interest, of, [273]

PARTNERSHIP.

deed desirable, 122

form of, [409]
dissolution, affidavit verifying notice, [195]
dissolution deeds, 126-129
dissolution by death, 127

inter vivos, 126

notice of, 127, [404]
duties of solicitor for all parties, 122-124

for firm, 125

for new partner on admission, 125

for single partner at commencement of partner.sliip, 124
liability of lender to, 129
loans under Bovill's Act, 129
stamps on deed, 126

I'ATENTEE,

agreement between, and agent, [232]

PERSONAL CHATTELS,
mortgage of, 67

N.B. — The nurnbrrs in hrarJiefs — thus [237] — refer to the Forms.

44G INDEX.

POLICY OF ASSUKANGE,

assignment of, [335]
mortgage of, 6G
recital of, [335-341]

POWER OF ATTORNEY,

to execute deed, [ilG]

to recover debt, [418]

under General luclosure Act, [417]

under Tithe Commutation Act, [417]

POWER OF SALE (and see Moutgage).
recital of, [328]

PROBATE,

common form, in, 170

duty, 166

duty on stock held by trustee, 167

how obtained, 168-170

instructions for, 166

reduction from duty for debts, 166

PUBLIC AUCTION [See Sales of Real Estate).

PUBLIC HOUSE,

lease of, [372]

PURCHASE OF REAL ESTATE (See Purchaser ; Sale of Real Estate).

PURCHASER,

rights under ojien contract, 11

REAL ESTATE,

sales of, 10-31 {and see Sale of Real Estate).

REAL SECURITIES,

do not include leaseholds, 69
include copyholds, 69

RECITALS,

in conveyances, 54

forms of, [339-348]

RELEASE,

annuity of, agreement for, [213]
executors of, by residuary legatee, [419]

RENT-CHARGE,

reservation of, [314]

REQUEST,

to trustees to sell stosk and lend proceeds, [421]

N.B. — The mimbers in brackets — thus [237] — refer to the Forms.

INDEX. 44:

REQUISITIONS,

copyholds, as to, 108

replies to, 21, 22

stipiaLitions as to, [200], [203], [252], [250], [-JGO], [277], [2S?!], [287]

RESERVATION,

easement of, [384]

minerals of, in lease, [384]

timber and minerals, of (in lease), [375], [377]

RIVERS,

deal of covenant by riparian owners, [35G]

REVERSIONARY INTEREST,

assignment of, [333], [335]
mortgage of, G6

SALARY AND COMMISSION,

provisions as to, [218], [224,] [22G], [228], [231] [233], [236,] [240]

SALE OF REAL ESTATE,

auction by (and see Conditions of Sale).

advertising, 15

conditions of sale, 16-19

particulars, 15-16

proceedings at sale, 19, 20
completion, 26-30, 57-8

deeds handed over on, 29, 58

insurance, purchaser not entitled to benefit of, 29, 41

interest on purchase-money, 28

keys handed over on, 58
copyholds {See Copyholds).
cost of covenant for production, 12
drafting contract, 13

insurance money belongs to vendor iu case of fire, 29, 41
married woman, behjnging to, 53
open contract for, 10, 33
perusal of draft conveyance, 24
private contract for, 12-14, 33.

SEARCHES,

on purchase of real estate, 49

SEISIN,

recital of, [339], [343]

SETTLED ESTATES,

leases of, 84
sales of, 12

SETTLEMENT,

advancement clause necessary, 142
form of, [425]

N.B. — The numbers in IrarJcets — thus [237] — refer to the Forms.

448 INDEX.

SETTLEMENT— conh'nuerf.

appointment of new trustee of, [246]

beneficial trusts of personalty, 140, 141, [425 1

bonds, 137

cash, 136

conveyance to trustees of, [311]

custody of deeds, 147

future marriage, provision for, 142

furniture, 139

registration not necessary, 139
hotchpot clause, [425]
investment, trust for, 140, [424]
maintenance clause unnecessary, 142, 422
marriage on, 130-46

forms of, [422], 424]
mortgage debt, 139
notice of, when necessary, 144
personalty of, 13G-44, [424]
policy of assurance, 138

under Married Women's Property Act, 139
promissory note, 138
power of sale, [423]

recital of, [312]
power to lend to husband, 142
real estate in trust for conversion, 133
recitals of, [311], [312], [363]
registration of, 135
stamps on, 148
stock or sliares, 136, 137, [424]

notice in place of disiriagas, 145, [404]
strict, of real estate, 130
voluntary, 147-8

SPECIALTY DEBTS,

priority of, abolished, 6

STAMPS,

apportionment between freeholds and copyholds, 112

SUCCESSION DUTY,

accounts how passed, 174

leaseholds are subject to, 173

payable since May, 1853, 173

purcliaser entitled to evidence of payment, 173

receipts for, 49

TENANT FOR LIFE,

covenants for title by, [316]
TESTIMONIUM,

instrument executed by attorney, [427]

N.B. — TJie numbers in brnchets—fhns [237] — refer to the Forms.

INDEX. UQ

TRUST ESTATES,

devise of, 15!)

TRUSTEE ACTS,

vesting orders under, 24

TRUSTEE RELIEF ACT,

payment into Court by niortsrajjoe, 78

TRUSTEES,

appointment of new, [245]. [24G]
appointment of new, recital, [344]
mortgage securities proper I'or, G8-9
petition for advice by, 177
questions of construction how decided, 177
retiring bankrupt to remain liable, [24G]

VENDOR (and see Sale of Real Estate).
solicitor of, prepares conti-act, 13

WILL,

appointment of new trustee of, [245]

charitable devises, 161

children, in favour of, [428], [429]

copyholds, of, 161

devise of estate free from mortgage, [429]

devise of estate subject to mortgage, 159

trust estates, 159
difBculty of preparing, 156
engrossing, 162

execution and attestation of, 162
forms of, [428-30]
instructions for, 156-58
investment, trust for, [430]
number of trustees, 160
preparation of draft, 158
registration of, 178

recitals of, [213], [309], [350], [360], [361], [419]
sale, trust for, [430]
wife, iu favour of, [428]

N.B. — The numherg in hrackets — thu» [237] — refer to the Formn.

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