sd (V.) or his hrs and all or. necessary (a) pties shall and will No. LXXIV. next ensuing (b) on

day of

Sale of

Freeholds.

on or before the receiving from the sd (P.) his exs or ads the sum of £ at the request costs and chas of him the sd (P.) his exs &c. exte a proper conveyance for conveying and assuring the inhance and fee-simple of and in the sd messes lds and heredts with the appts unto the sd (P.) his hrs and ass free from incumbs (c). In conson whof the sd (P.) hby agrees with the Purchaser sd (V.) That provided the counsel of the sd (P.) shall approve purchaseof the title of the sd (V.) to the sd preses he the sd (P.) his money. hrs exs ads or ass on the exon of such conveye as afd shall and will (d) pay the sd sum of £

unto the said (V.) his exs

agrees to pay

pence.

or ads (e) And it is hby furr agrd by and betn the sd (V.) and Conveyance at (P.) that the said conveye shall be prepared by and at the purchaser's exexpence of the sd (P.) except a release of incumbrances or an assignment of outstandg terms if not before assigned And that the same shall be settled and approved of on the pts of the sd (V.) and (P.) by their respive counsel And that each of them the sd (V.) and (P.) shall pay the fees of his own counsel And Vendor to pay that the rates taxes and outgoings paye for or in respect of the rates &c. to a sd preses to the shall be discharged by the sd (V.) his exs and ads And also that the sd (P.) his hrs or ass shall have rece and take the rents and profits of the sd

day of

given day.

Purchaser to

receive rents

&c. from the

same day.

(c) If there be subsisting leases, and if it be so agreed, say, "except only leases at rack-rent not exceeding years and containing only usual

covenants," see ante, sect. 3.

(d) If the consideration be an annuity, say, "well and effectually grant the sd annty or clear yrly sum of £ unto the sd (V.) and secure the same

upon the preses in manner as afd."

(e) If there be timber to be taken at a valuation, say, "And shall and will also pay for all the timber growing on the sd este such sum of money as the same shall be valued at by two indifferent persons to be chosen the one by the sd (V.) and the other by the sd (P.) or an umpire to be chosen by them In which sd valuation it is agrd that all trees which shall be of the value of

or upwards shall be accounted timber And in case it shd be necessy to postpone the valuation until the fall of the leaf that the sd (P.) shall give to the sd (V.) a bond in a sufficient penalty conditioned for the paymt of the sum at which the sd timber shall be valued within one calr mth after such valuation."

VOL. I.

N

No. LXXIV.

Sale of Freeholds.

Purchaser to pay interest from a given

day.

next ensuing

day of
And (a) if the sd conveye
pties and the sd purchase-

then the

day of interest for the sd pur

messes and preses from the
for his and their own proper use
shall not be exted by the necessy
money not pd on or before the sd
sd (P.) shall from the same day pay
chase-money (b) at the rate of £
per cent. per ann. And
furr that any trifling error or omission which may appear to
have been made with respect to the quantity or or. description
of the sd preses [so that the same be not essentially different
in quality from those herein described] shall not vacate the
contract but a reasone abatement shall be made by the sd (V.)
his exs &c. And furr that any loss or damage which may
happen to the sd preses by fire or otherwise or any benefit (c)
which may accrue to it between the date of these prsts and the
completion of the purchase shall not in anywise affect or vacate
this contract (d) In witness &c., see ante, No. XLVI.

No. LXXIV.

Another (short
Form).

No. LXXIV.-2.
Another (short Form).

Memorandum of an agreement made the

day of

Time the essence of the

contract.

of lful

Betn &c. The sd (V.) in conson of the sum of £
money of Gt Brit to be pd to him by the sd (P.) and also of
the covt as hnafter mentd doth agree with the sd (P.)

that he

(a) Or, if it be so agreed, say, “And if the sd (V.) shall not deliver an abstract of his title to the sd (P.) or his solicitor befe the expiration of one calr mth from the date hof or if in the opinion of the counsel of the sd (P.) he the sd (V.) shall not deduce a good and marketable title to the whole of the sd preses then in either of these cases this present contract shall at the option of the sd (P.) be to all intents and purps void and all rease exps incurred by him in investigating the title shall be borne by the sd (V.) his hrs exs or ads." A similar provision may also be inserted in case the purchase-money be not paid on the day appointed. As to the consequences of the contract, see ante, sect. 8.

(b) As to the payment of interest, see ante, sect. 8.

(c) As to the consequences of the contract in this respect, see ante, sect. 8. (d) If it be necessary, say, " And furr that if any of the title-deeds or writings relative to the sd preses shall be found to concern other property of the sd (V.) they shall be retained by him on his delivering at his own expence true and attested copies duly stamped and on his entering into the usual covt to be prepared at his own expence for producing the originals.”

the sd (V.) shall and will at his own cost and chas make out a
good title and at the costs and chas of the said (P.) convey and
assure to him and his hrs in such manner as counsel shall
advise a good este in fee-simple in All the allotment or allot-
ments to be allowed and set out to him upon the commons or
waste grds of N. in the co. of by the commrs empowered

by an Act of Parliament lately passed for the inclosure thof for
or in respect of all his the sd (V.'s) este in the commons afd
And the sd (P.) doth hby agree with the sd (V.) That he the
sd (P.) shall and will at his own expence prepare such conveys
and assurs as afd and also when and as soon as the sd commrs
shall make and exte their award pay to the sd (V.) the sum of
£
as and for the purchase-money And also shall and
will pay and discharge all sums of money which shall be occa-
sioned by the obtaining the sd Act of Parl And also all the
chas of dividing allotting and setting out the sd allotment so
contracted to be sold as afd and of the award to be made by
the sd commrs touching the same which the sd (V.) would have
been or shall be liable to pay in respect of the sd allotment As
witness our hands.

No. LXXIV.
Sale of
Freeholds.

SALE OF COPYHOLD ESTATES.

1. Agreement to sell defeats Free-bench. 3. Steward authorized to demand Fines. 2. Purchaser to pay Expence of Ad- 4. To prepare Surrender.

mittance.

bench.

SECT. 1. A widow will be defeated in equity of her free-bench of Agreement to lands, of which her husband died seised, by his agreement for the sell defeats freesale, although he die before the surrender, Hinton v. Hinton, 2 Ves. 631. As to the present state of the law of dower, see post, Dower.

admittance.

2. In the absence of any stipulation to the contrary, the expence Purchaser to of the surrender and admittance, including the fine to the lord, which is pay expence of not payable until admittance, Rex v. Ld. of the Manor of Hendon, 2 T. R. 484, must be borne by the purchaser, Drury v. Mann, 1 Atk. 96, although the vendor agrees to surrender at his own expence, Graham v. Sime, 1 E. 632. But if the vendor have not been previously admitted, he must bear the expence of his own admittance, in

Sale of Copyholds.

Steward authorized to demand

fines.

To prepare surrender.

order to enable him to make a surrender to the purchaser, 1 Atk. 96, n.

3. The 48 G. 3, c. 149, authorizes stewards, previously to the acceptance of any surrender, or the granting or making of any admittance, voluntary grant, or licence to demise in court, to demand the payment of all fines for the same, and for the copy of court-roll. 4. Where it is the custom of the manor for the steward to prepare the surrender, he may insist upon so doing, Rex v. Rigge, 2 B. & A. 550.

No. LXXV.

Sale of Copyholds.

Vendor agrees to sell and purchaser to buy.

Vendor agrees to furnish abstract, and to

surrender premises.

and enter into covenants for

title.

Purchaser

No. LXXV.

Agreement for the Sale of a Copyhold Estate of Inheritance.

Articles &c. see ante, No. XLVI. Betn &c. Witness That the sd (vendor) (a) doth agree to sell and the sd (purchaser) to purchase the inhance in fee-simple according to the custom of the manor of M. All those customary or copyhold pces or prels of ld situate in the sd manor &c. and containing by estimation acres more or less at or for the price or sum of £ And the sd (V.) doth promise and agree to deliver unto the sd (P.) within one mth from the date hereof at his own expence a full and satisfactory abstract of the title of him the sd (V.) thto And also that he the sd (V.) and all or. necessy pties shall and will on or before the next ensuing duly surrender the sd preses according to the custom of the manor to the use of the sd (P.) his hrs &c. or as he or they shall direct to be holden at the will of the lord of the manor free from all incumbs whatsr except the quit-rents and the customary dues and services And that the sd (V.) shall at the time of such surrender enter into the usual covts for the title And the sd (P.) doth hby promise and agree That on such surr being made and such covts being exted as afd he the sd (P.) shall

day of

agrees to pay
purchase-
money, and ex- and will pay to the sd (V.) the sd sum of £

pences &c.

of &c.

And shall pay the (b) exps of the sd surrdr (c) and all

(a) Consequences of the contract, see ante, sect. 8, No.

(b) As to expences, sec ante, sect. 2.

(c) Preparing surrenders, see ante, sect. 4.

fees (a) and fines upon the surrdr and admission of the sd (P.) to the sd preses and that the sd deed of covts shall be prepared by and at the expence of the sd (P.) (As to other covenants, see No. LXXIV.) In witness &c.

No. LXXV.
Sale of
Copyholds.

No. LXXVI.

Agreement for the Sale of a Freehold and Copyhold Estate to an Agent.

Obs. As to when an agent must be authorized by a writing and when by parol, see ante, Pref. Principal and Agent.

Articles &c. see ante, No. XLVI. Witness That the sd (Vendors) do hby agree with the sd (agent for purchaser) as agent as afd to sell to him and the sd (A.) as such agent doth hby agree to purchase of the sd (V.) All that freehd and copyhd messe or tenmt and farm with the barn stables yards gardens orchards lds meadows pastures feedings commonage timber and or. trees rights members and appts thrunto belonging which preses are situate at &c. and contain by survey 24 acres [and which sd lds are to be taken at that measurement be the same more or less] and are now in the occupn of &c. or their undertenants at or for the price of £ whof £ have been pd by (4.) befe the exon of these prests to the sd (V.) as they do hby resply acknge And the sd (V.) do hby furr agree with the sd (4.) as such agent that they the sd (V.) shall at their exp deduce a clear title to the sd heredts and preses and shall on or before the day of next on receiving from the said (Purchaser) or (A.) or either of them the sum of £ residue of the sd purchase-money at the costs of the sd (P.) or (A.) exte at afd a proper conveye surrender and assure

to be settled by their respive counsel for conveyg and assurg the fee-simple and inheritance of the same pres unto the sd (P.) his hrs or ass or unto such psn or psns as he or they shall appt free from all incumbs except the land tax of

(a) Payment of fines, see ante, sect. 3.

and

No. LXXVI.
Purchase by
Agent.