Sule. Particulars of less than was stated, the purchaser will be intitled to an abatement, Hill v. Buckley, 17 Ves. 394; and see Portman v. Mill, 2 Russ. 571. ،، Clear yearly rent." Extent of the acre. By the words " clear yearly rent," is to be understood clear of all outgoings, incumbrances, and other extraordinary charges, not such as are according to the custom of the country, as tithes, poor rates, church rates, &c. which are usual charges on the tenant. Formerly acres were either customary, that is according to the measure of the country, or they were by statute; and although for the most part lands were sold according to the latter measure, Wing v. Earle, Cro. El. 267; Morgan v. Tedcastle, Poph. 55; yet where a man agreed to convey a certain number of acres of land which were known by estimations, there the acres were taken according to the estimation of the country where the land lay, Some v. Taylor, Cro. El. 665; but now by 5 & 6 W. 4, c. 63, all customary measures are abolished, see Dig. p. i., tit. WEIGHTS AND MEASURES. What deemed a 5. There may be a misdescription in the particulars, either by misdescription. stating things differently from what they really are, or by omitting to state what ought to be known; as stating the property to be one mile from a borough town, which proved to be four miles, Norfolk (Duke) v. Wortley, 1 Campb. 337; or describing a public-house as Effect of misdescription, if fraudulent, will vitiate the sale, а free house,” when by a covenant in the lease it appeared that the lessee was obliged to take his beer from a particular brewer, Jones v. Edney, 3 Campb. 285; or stating in general terms that there was a covenant in the lease against carrying on any offensive trade, instead of enumerating the particular trades contained in the covenant, Flight v. Booth, 1 Bing. N. C. 370; S. C. 1 Scott, 170; or omitting to state verbally, or to shew by a plan a particular right of way over a particular lot, Dykes v. Blake, ub. sup. ; or omitting to mention that notice had been given by the landlord of his intention to enter unless the premises were put in repair, Stevens v. Adamson, 2 Stark422; or omitting to state that a house, which formed part of the premises demised by a lease, had been pulled down before the sale, Granger v. Worms, 4 Campb. 83; or stating that the goods to be sold belong to one man, when in fact they belong to another, Coppin v. Walker, 7 Taunt. 237; Coppin v. Craig, ib. 243. 6. An error in the description of the property to be sold by auction may be such as either to vacate the contract altogether, or to make it a subject for compensation. A misdescription wilfully introduced into the particulars, whether material or not, will vitiate the sale, Norfolk (Duke) v. Wortley, ub. sup. ; for if particulars of sale by auction are calculated to entrap persons, the sale is void, Robinson Sale. v. Musgrove, 8 C. & P. 469; but if the error be unintentional, and Particulars of there is, as is usually the case in conditions of sale, a stipulation providing against such errors, it will at law be cured by the conditions, but not if unLeach v. Mullett, 3 C. & P. 115; but "equity will enforce a sale Compensation. with a compensation for a slight unintentional misdescription, although there is no such condition, and will not assist the seller, where there is such a condition, if the misdescription be an important one," 1 Sugd. V. & P. 51, 10th ed. citing Stewart v. Allerton, 1 Mer. 26; Powell v. Doubble, MS. V. C. 15 June, 1832; see further as to the effect of the compensation clause, post, CONDITIONS OF SALE. intentional. No. CCXV. Particulars of Sale by Auction (a) of a Freehold Estate (b). situate at estimation in the county of acres (c) containing by acres, more or less, called or known by the (a) In the advertisements of sales by auction, it should be stated that the estate will be sold by auction at the place and time fixed, "unless previously sold by private contract, in which case notice of the sale will be immediately given to the public." If the particulars describe the property as "free from all incumbrances," it will be deemed a misdescription, and will vitiate the sale, if it appear afterwards that there is an annuity charged upon it, be it ever so small, Gunnis v. Erhart, ub. sup. sect. 45. If therefore the property be charged with an annuity, say, "This property is subject to a yearly sum of £ and payable to (annuitant) who is now in the term of his natural life." (b) If it be a remainder or reversion, say, issuing out of the same, year of his age, during the "The remainder or reversion of (reversioner) expectant upon and to take effect in possession immediately after the decease of (tenant for life) of and in all &c." If it be an advowson, say, "The advowson, donation, or perpetual right of patronage and presentation of, in and to the rectory or parish and parish church of in the county of (and all glebe lands &c. if any appurtenant to the advowson). If it be a rent-charge, say, issuing out of and charge in the county of and pay "The yearly rent-charge or annual sum of £ able upon all the lands &c. situate at able to the said (vendor) for and during the term of his natural life, under &c." No. CCXV. Particulars of Sale. Freehold. Particulars of No. CCXV. several names of (here set out the particulars) and now in the occupation of (specify the several tenants, if more than one, to each piece of land.) Sale. Freehold. This property is subject to a certain mortgage in fee (or “for term of years,") for securing the principal sum of £ and interest, (or "this estate is subject to tithes," or " tithe-free," as the case may be). No. CCXVI. No. CCXVI. Particulars of Sale of a Leasehold Estate (a). A messuage or tenement with the yard garden and outbuildings &c. situate &c. and now in the occupation of The premises are held for the residue of a term of subject to a rent of £ nants (b). years and under the common usual cove No. CCXVII. Award by a Commissioner under an Inclosure Act. Recital. Act of Parliament. AWARDS. No. CCXVII. Award by a Commissioner under an Inclosure Act. Obs. As to the nature of Awards, and for other precedents, see ante, ARBITRATION. To all &c. see ante, No.C. I(commissioner) of &c. send greeting Whas by a certain Act of Parlt made and passed in the reign of her present Maj. intituled An Act for inclosing lands within the manor of M. in the parish of F. and county of N. Reciting among other things that there were within the said manor of M. open (a) As to the effect of misdescription of leasehold estates, see ante, PARTICU LARS OF SALE, Pref. sect. 5. (b) A covenant in a lease to pay the land-tax and sewer rate has been held to be a common and usual covenant, and that the purchaser of a lease containing such a covenant was not at liberty to rescind the contract on the ground of misdescription, Bennett v. Womack, 7 B. & C. 627; S. C. 1 Man. & Ry. 644; and the same rule prevails in equity, Barraud v. Archer, 2 Sim. 433; S. C. 2 Russ ̧ & My. 751. As to the omission of unusual covenants, see supra, sect. 5, 6. No. CCXVII. Commissioner under an Inclosure Act. Appointment of under the Act. commissioner common fields commonable lds commons and waste grds Also reciting that I. P. Esq was lord of the sd manor and as such was intitled to the soil of the commons and waste grds Also reciting that the Rt Hon Lord K., W. T. Esq and ors. were owners and proprietors of divers inclosed lds tents and heredts within the sd manor and in respect thof were intitled to rights of common of pasture and or. rights in over and upon the sd open common fields commonable lds and waste grds Also reciting that an Act commonly called the General Inclosure Act was passed &c. And after further reciting that the sd common fields commonable lds and waste grds were in their present state incapable of any considerable improvement but if the same were divided and allotted unto and amongst the sevl psns interested therein according to their respive ints and such allotments were inclosed the same might be greatly improved It is amongst or. things enacted That I the sd (commissioner) shd be and I was thby apptd commr for dividing allotting and inclosing the sd open common fields commonable lds commons and waste grds and putting the now reciting Act into exon subject to the rules orders and dirons thereinaftr mentd and with such dirons and stipulations as are contained in the sd therein recited General Act which shd be applied deemed and taken as pt of the now reciting Act except in such cases only as the same were thby varied and altered And that (surveyor) of &c. shd be and was Appointment of thby apptd surveyor for the purps of the now reciting and the sd General Inclosure Acts And that I the sd (commissioner) shd and might scour out deepen widen and repair all such ancient ditches &c. And also make or cause to be made such new ditches &c. in through over and across the sd open common fields &c. within the sd manor of M. with the previous consent of the proprietors of such inclosures or or. Ids not thby directed to be divided and inclosed of such dimensions and in such places as I the sd (commissioner) shd think fit And that I the sd Powers, &c. of (commissioner) am thby directed and required by any writing award the exunder my hand or in and by my sd award to order and deter- pences. mine by whom and at whose expence at what time or times and a surveyor. commissioner to the land for in what manner the sd ditches &c. should be made &c. And To sell part of that for providing for and defraying the costs chas and exps of defraying exobtaining passing and exting the now reciting Act and the sd pences. Award by a under an Inclosure Act. To set out portions of land for gravel pits. ments, to the lord; No. CCXVII. Gen Act I the sd (commissioner) am thby required as soon as Commissioner conveniently might be after the passing of the now reciting Act to sell and dispose of in manner as in the sd Acts directed such pcl or pels of the sd commons and waste grds as I shd judge most proper and expedient And that I the sd (commissioner) shd and I am thby required to set out allot and award unto and for the surveyors of the highways of the parish afd for the time being one or more plots of the sd commons and waste grds as I shd think proper as and for public stone and gravel pits with convenient roads to and from the same and which plot or plots of ld so to be set out as afd shd be used in common by the surveyors of the highways of the sd parish and by the respive proprietors of lds and estes within the sd manor and by their tenants for their own private uses and for the repairs of the public and private roads including the roads to be set out in To make allot- pursuance of the sd reciting Act and the sd Gen Incl Act And that I the sd (commissioner) am authorized to set out allot and award to the lord of the sd manor one sixteenth pt of the sd commons and not to exclude any allotment or allotments which would orwise be made to him in satisfaction of or for any common of pasture upon or over the sd commons and waste grds by this Act directed to be divided and inclosed in respect of any lds or tents belonging to any such lord And in the next place that I the sd &c. shd set out &c. unto the sd (rector) one tenth pt of the residue of the sd commons &c. in lieu of and in recompence for the tithes of the sd commons &c. And that I the sd &c. shd aftwds set out and allot the residue and remr of all the sd commons and waste grds thby directed to be divided and inclosed unto and amongst all and evy psn and psns body and bodies politic and corporations collegiate having any right or rights of common or or. rights or ints in over or upon the same or any pt thof in such pts and shares and in such manner as I the sd (commissioner) shd think fit and shd adjudge and determine to be proportionate to the value of his her or their respive rights or ints in over and upon the sd commons and waste grds And also that it shd be lful for me the sd (commissioner) to set out and allot and award any lds tents or heredts within the sd manor in lieu of or in exchange for any or. Ids tents and heredts in the sd manor parish hamlet or place Provided that all such to the rector; to commoners. To make exchanges. |