Sale of an cant, to present nominee of the purchaser. sd (V.) his hrs &c. shall and will duly present such parson to No. LXXVIII. the sd rectory as the sd (P.) shall nominate And that if the presentation should devolve on the crown in consequence of In case the the present incumbent being promoted to a bishoprick before church be vathe day of then and in such case so much of the purchase-money as shall be equal to the value of the next presentation to be ascertained by two indifferent psns to be apptd in the usual manner shall be returned by the sd (V.) to the sd (P.) [or "this contract shall not be affected thereby nor shall the sd (P.) be intitled to any deduction out of the sd purchasemoney," as the case may be] And the sd (V.) doth hby furr To grant a lease agree That upon payment of the sd sum of £ mentd he the sd (V.) shall and will at the request &c. of the sd (P.) grant unto the sd (P.) a good and valid lease of all the tithes and compositions for tithes belonging or paye to the sd rectory or the rector or patron in respect of the same and the tithe barn and glebe lds belonging to the sd rectory for and during the term of years to be completed from the day of as hnaftr last if the sd (V.) should so long live or remain incumbent of the sd rectory at or under the yrly rent of £ paye on the day of in which lease so to be granted of the tithes. vendor shall as afd shall be contained a covt on the part of the sd (V.) immly Covenant that on the exon of the sd lease to put the barn in good and tenant- repair barn and able repair and during the continuance of the sd lease to keep parsonage, &c. the same barn and also the parsonage-house belonging to the same with the appts and also the chancel of the church of afd in good and tenantable repair except such repairs as may be required in consequence of any voluntary dilapidations by the curate; taxes, &c. sd (P.) his exrs &c. And also shall and will during the sd lease and provide a at his own expence provide a curate to perform the duties of the sd church of afd And it is furr agreed That in such lease and pay all it shall be provided that the ld-tax and all synodals procurations and tenths and all or. taxes rates assessments and payments in respect of the sd tithe barn and glebe lds shall be pd by the sd (V.) and that it shall be lful for the sd (P.) to deduct out of the sd annual rent all such sums of money as he shall pay on account of the sd Id-tax tenths synodals procurations and all or. rates and assessments whatsr And the sd (P.) for himself his hrs Purchaser &c. doth hereby agree to pay the sd sum of £ upon the agrees to pay purchase Sale of an No. LXXVIII. exon of the sd conveye and to accept the sd lease And that the conveye and the lease to be granted to the sd (P.) and also the counterpart thof shall be prepared by him at his own costs and chas but that in all or. respects each of the sd pties shall pay the fees of his own counsel and the chas of his own solicitor In witness &c., see ante, No. XLVI. money, accept lease, and pay expence of conveyance, &c. No. LXXIX. Sale of a Board. ing-School. Vendors agree to assign goodwill of the school and the messuage; insurance. No. LXXIX. Agreement to assign a Boarding-School, Lease of the Premises, and Furniture. Articles of &c., see ante, No. XLVI. Betn (Vendors) of &c. of the one pt and (Purchaser) of the or. pt. Witness That for and in conson of the sum of £ to be pd on the day of next ensuing they the sd (V.) do hby agree to relinquish and assign All that the boarding-school conducted by them at and All that the messe or tent garden and preses where the same has been heretofore carried on and to exte on recpt thof a good and valid assnment in the law of the sd boarding-school and preses and also the indre of lease by which the sd (V.) hold the same for the residue of the term then to come and unexpired but subject to the rent and covts thin reserved and contd togr also policies of also with the two policies of insurance whby the sd preses and the household furniture goods and effects thin contd are insured from fire And also shall and will pay all rent and taxes due for the sd messe up to the sd now ensuing And the sd (P.) doth hby covt promise and agree with and to the sd (V.) that she the sd (P.) shall and will on the sd day of well and truly pay to them the sd (V.) the full sum of £ of lful &c. as a premium or conson for the sd boarding-school messe &c. and shall and will accept such assignmt thof resply as is hereinbefore mentd And it is hby mutually agrd by the pties hereto that a valuation shall forthwith be made of the household furniture goods chattels linen fixtures and things which are in and upon the sd preses by two psns one to be chosen by the sd (V.) and the or. by the sd (P.) And the sd (P.) doth hby agree to pay unto the sd (V.) cal mths after the sd Purchaser agrees to pay consideration. Valuation. Purchaser agrees to pay the amount. day of day of next ensuing the full amount at which the sd furniture and effects shall have been No. LXXIX. valued In witness &c. see ante, No. XLVI. Sale of a Boarding School. Agreements following and referring to Conditions of Sale-see post, CONDITIons of Sale. Agreements as to Shipping-see post, SHIPPING. No. LXXX. Agreement for letting Purchaser into Possession before Acceptance of Title. No. LXXX. Obs. As a rule, a purchaser by entering into possession before a Effect of taking conveyance is executed, is held to waive all objections to the title, possession. Fludyer v. Cocker, 12 Ves. 25, unless under special circumstances, as where he takes possession at the instance of the vendor, and on his assurance that the title is good, Vancouver v. Bliss, 11 Ves. 458. So, if possession is authorized by the contract to be taken before the title is made, that will not be deemed a waiver, Stevens v. Guppy, 3 Russ. 171. And if a purchaser wishes to have immediate possession, he may protect himself by a special clause, as in the following precedent. day of Memorandum of an agrt &c. (see ante, No. LXXIV-2.) Whas by a contract entered into the the sd (Vendor) agrd to sell and the sd (Purchaser) agrd to purchase certain freehold estates comprised in the sched. thereunder written, Now these Presents witness, and it is hby decld and agrd by and betn the sd pties that the sd (purchaser) may be let into and take immediate possn of the sd estates so contracted to be sold to him as afd for his own bent in as full and ample manner as if a conveyance of the same had been executed: Provided always that such (a) taking posson shall not be deemed to be an acceptance of the title or as an abandonment on the pt of the sd (purchaser) of his right to have all valid objections (a) As to the necessity of this provision, see Observation, supra. As to Title. No. LXXX. thereto fully removed and all defective evidence supplied at the expence of the sd (vendor) And the sd (vendor) doth hby agree that he will forthwith proceed with the sd contract, and remove all valid objections to be made to the sd title, and supply all evidence which may be defective therein. As witness our hands the day and year first above written. No. LXXXI. No. LXXXI. A. B. C. D. Waiver of Agreement. Agreement that certain Acts shall not be deemed a Waiver of an Recital of agreement. Agreement. Betn H. B. of &c. of the Whas on the day and D. B. did enter into for the divon of the lds and touching sevl matters Articles &c. see ante, No. XLVI. and the sum of £ is to be allowed by the sd H. B. to the abatement be consd to have recd the full sum of £ the produce of the sd este as and for the purchase of the lds sold and to be convd to T. C. afd and that on the divn of the residue of the sd lds comprised in the sd settlement the sd H. B. shall be deemed and taken to have recd lds to that amount in pt of his share of the same And that in the allotment to be made to and for the sd D. B. respect shall be had thrto and that in the first place and befe any divn betn the sd pties lds of equal value shall be allowed to him in lieu of the lds sold to the sd T. C. and valued at the sum of £ In witness &c. see ante, No. XLVI. as afd Waiver of Agreement. No. LXXXII. No. LXXXII. Agreement for settling Litigations and Questions arising under gations under a Will. Betn M. W. of &c. of the Articles &c. see ante, No. XLVI. one pt and E. S. of &c. of the or. pt. &c.) Now these Prests witness and for herself her hrs exs and ads covt prom and agree to and with the sd E. S. his hrs and ass in manner following that is to say That she the sd M. W. her hrs or ass shall or will with all convent speed rele and convey the sd messes &c. unto and to the use of the sd E. S. his hrs and ass for ever free from all incumbs whatsor made done or committed by the sd M. W. or any psn or psns claiming or to claim by through or under her And also shall and will do all rease acts deeds whatsr for the putting the sd E. S. into the quiet and peaceable enjoymt thof And also shall and will deliver up to the sd E. S. his hrs and ass all title deeds writings and muniments whatsr that relate to or concern the sd preses And these Prests furr witness and the sd E. S. doth hby for himself his hrs exs and ads covt. prome &c. to and with the sd M. W. that he the sd E. S. his exs and ads shall and will with all convenient speed assign and transfer all the psl este of the sd J. W. decd and all the int and este of the sd E. S. thin unto the sd M. W. her exs ads and ass And shall and will if necssy permit and suffer the sd M. W. Will. |