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7. The purchaser [of each lot] shall pay by valuation as after mentioned for the fixtures [in and about such lot], of which an inventory will be produced at the sale; also for the tillage of the summer lands, rents of lands, and charges on the same; for seed sowing and hoeing of turnips; for all hay and straw left on the premises, which shall be stacked in the usual places; for all feed and after-grass on the pastures and stubbles; for all clover and other seeds, and for sowing, harrowing, and cultivating the same with the spring crops; for muck, mixtures and composts, and for labour in turning over such as shall not be carted on the land; and for the carting, when carted on the land; and for all such matters and things as are customary to be allowed and paid by an incoming to an outgoing tenant [also for the brick kiln, and at the option of the purchaser, all bricks, tiles, ware and prepared earth; but if not taken, the vendor to have till, &c., to complete and dispose of the same, and use of the brick kiln and yards for that purpose.] Also for all timber and timber-like trees, saplings, willows, pollards, and stands [being upon each lot] down to and including those of ls. a stick; also for the young plantation and underwood, the whole to be valued as hereinafter mentioned. The present year's corn and crops are to be laid in the barns or stacked on the premises; the purchaser is to pay for threshing and dressing and getting in the stacks, and carrying the corn, when dressed, to market, not exceeding the distance of, &c., and to have the straw, chaff, and colder arising therefrom, the vendor appointing the threshers, and having the use of the barns and barn yards up to the day of

for that purpose.

8. That all valuations under these conditions shall be made by two referees, one to be chosen by each party, or by the umpire of such two referees; and on neglect of either party to nominate a referee within seven days after notice in writing, the decision of the referee first appointed to be binding; and in case of the referees not agreeing on an umpire, the same to be appointed by M. D., M. E., or M. F., in the order. in which named, on request by either party, the valuation to be made on the and if not paid on the day named for completion of the purchase, to bear interest as to the farming and timber valuation at the same rate, and payable in the like manner as the interest reserved on the purchasemoney remaining unpaid.

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9. The vendor shall have the right by himself or his agent of bidding once for each lot.

10. If there should be any error or omission in the aforegoing particulars, in tenure, outgoings, or otherwise (except as to the quantity of land, which shall be deemed satisfactory and conclusive) the same shall not vitiate the sale, but a compensation shall be made or taken as the case may require, and be settled agreeably to the 8th condition.

11. If the purchaser [of any lot] should neglect or fail to comply with any of these conditions, his or her deposit money shall be absolutely forfeited to the vendor, who shall be at liberty to resell [such lot], either by public auction or private contract, and the deficiency [if any] on such resale, together with the attendant expences, shall be made good by the defaulter at this sale, and in case of the non-payment thereof, the same shall be recoverable by the vendor as and for liquidated damages; and it shall not be necessary to tender a conveyance or surrender to the defaulter at this sale, and any increase on such resale, shall be retained by the vendor.

315. Variations and Additions in Conditions as to Title and Writings.-See No. 6 above.

TITLE. The purchaser [of each lot] shall within fourteen days after delivery of the abstract, send to the vendor or his solicitor a statement in writing of the objections [if any] to the title, and all objections not then made, shall be deemed waived; and in case any objections shall be taken to the title [of any lot], it shall be in the power of the vendor to annul the sale [thereof] and to return the deposit money to the purchaser, in full satisfaction of all damages, costs, and charges which such purchaser may sustain.

VARIATION, 2.-In order to save useless expence to both parties, and the title having been inquired into on the estate having been purchased by the vendor [and also on a subsequent mortgage for a considerable amount] it is expressly stipulated, that the title shall be taken as it is, and without any requisitions thereon.

WRITINGS.-The writings in the vendor's custody, solely relating to any lot, shall, on completion of the purchase, be delivered to the purchaser of such lot; but as to those writings affecting more than one lot, the same shall be retained by the vendor until sale and conveyance of all the lots to which the same relate, subject to the right for each purchaser to have a memorandum of his conveyance endorsed on any such writings; and then delivered to the purchaser whose lot shall be sold for the largest sum; and such purchaser shall at the time of such delivery, execute proper deeds of covenants to any other purchaser to whose lots the deeds shall relate, such deeds to be prepared by and at the expence of the purchaser requiring the same.

[Should difficulty be expected to arise by biddings from insolvent persons, it would be advisable to guard against the difficulty as well as circumstances will allow, by the following addition to the first condition.]

No offer to be deemed a bidding until accepted as such by the auctioneer, and if required, the auction duty and deposit previously paid into his hands.

It would be expedient, when the necessity of any such alteration is anticipated, to insert the following note at the foot of the condition.

N.B. Should any alterations in or additions to these conditions be found necessary, they will be mentioned at the time of sale.

Where the sale takes place under a trust deed for benefit of creditors, with a power to sell and surrender copyholds, condition 4, should be altered, by the insertion after the words "passed and executed to the said purchaser," of the words, "by the vendors, under the power given them in the deed, under which they are trustees," the same to be, &c.

In condition 5, it would also be as well to insert after the words "verifying the abstract,' "proving that any party is living, or the death of any party,' or for whatever purpose, &c.

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316.-Notice to Purchaser to Proceed.

I hereby, as solicitor for Mr. A. B., give you notice that he is ready to perform on his part the contract entered into with you for sale of, &c., and to surrender and assure the same to the use of you and your heirs, or as you or they may direct, according to such contract, on payment of the remainder of the purchase money and interest, and performance on your part of such contract.-[[ further give you notice, that Mr. A. B. is willing to have the title and contract submitted to Mr. E., Mr.F., or any other barrister of years standing, who has not acted for either you or the said A. B., or your respective solicitors, and to comply with any requisitions such barrister may make on the title and contract.] And I further give you notice,, that Mr. A. B. stands admitted tenant of the said estate and premises; and that in the event of your neglecting to comply with the terms of your contract, you will be held responsible for all costs and expences to arise in case of his death, for admission to the said copyholds, or otherwise, in relation to the said contract. And lastly require you to return the draft surrender and deed of covenant herewith sent, approved by you or your solicitor, that the same may, at your expence, be completed by the day fixed by the contract for completion of the purchase. Dated, &c.

MORTGAGES.

317.-Agreement on Treaty for a Loan.

Mr. A. B. having applied to Mr. C. D., to advance him the sum of 20007. on mortgage of the estate, called, &c., situate, &c., containing, &c., and being freehold, with the exception of acres, or thereabouts, copyhold, on the security and

title being approved, and proper securities entered into ; it is mutually agreed between the said parties that the estate shall be forthwith surveyed by Mr. E., at the expence of the said A. B., and on his approving of the security, the said A. B. shall make out and deduce a good title to the estate, to the satisfaction of the counsel of the said C. D., and execute such proper mortgage and other securities as such counsel shall deem proper, [including, should he deem the same requisite, a power of sale, a warrant of attorney to confess judgment in ejectment, and an appointment of receiver,] and that the expence of investigating the title and of the securities shall be borne by the said A. B.

The said C. D. agrees to make the advance, on the security and title being approved, and securities completed as above, and to pay the intended mortgage money into the bank of G. & Co., on or before, &c. appropriated to such intended mortgage; and it is further agreed, that in the event of the report of the surveyor being against the security, or the counsel being of opinion that a good title is not made, or should the said A. B. fail to comply with the requisitions of such counsel on the title, or to execute and complete the securities settled by him; the expence of the survey, investigating the title, and preparing the securities, shall be borne by the said A. B., who shall also pay to the said C. D. interest, at the rate of 5%. per cent. per annum, from the day of appropriation of the said sum to the date of the contract being rescinded by either party, or removal of the said sum by the said C. D. from the appropriated account, receiving the interest allowed by Messrs. G. & Co.

Witness the hands of the said parties, the 1837,

Manor of

318.-Common Conditional Surrender.

S The

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2. Be it remembered, that on the day and year above written, A. B. of, &c., and E. his wife, copyhold tenants, or one of them, a copyhold tenant of the said manor, came before me, [C. D., gent., deputy steward for this purpose only of E. F., Esq.,] chief steward of the said manor, and the courts thereof.

3. And she the said E. having been by me the sai [deputy] steward first examined separate and apart from her, said husband, touching and concerning her free and voluntary cousent to the making and passing the surrender hereinafter mentioned, and freely and voluntary consenting thereto, as by law required,

4. Did out of court, in consideration of the sum of £ of lawful money of Great Britain, to them or one of them, in

hand well and truly paid, lent and advanced by [mortgagee] of, &c., at or immediately before the passing the said surrender, the receipt whereof is hereby and by the receipt for the same sum hereunder written, acknowledged,

5. Surrender out of their and each of their hands into the hands of the lord of the said manor, by the hands and acceptance of me the said [deputy] steward, by the rod, according to the custom of the said manor,

6. All, &c., [or, all and every their and either of their messuages and tenements, lands, hereditaments, and premises, holden by copy of court roll of the said manor, with their and every of their rights, members, and appurtenances,

7. And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof, and of every part thereof, with appurtenances;

8. And all the estate, right, title, interest, inheritance, use, trust, benefit, property, possession, power, claim and demand whatsoever, both at law and in equity, of them the said and A. B., and E. his wife, or either of them, of, in, to, from, or out of the said hereditaments and premises, and every part thereof, with the rights, members, privileges, appendages, and appurtenances,

9. To the use and behoof of the said [mortgagee,] his heirs and assigns for ever, according to the custom of the said

manor,

10. Subject nevertheless to and upon this express condition, that if the said A. B., his heirs, executors, or administrators, do and shall, well, and truly pay, or cause to be paid unto the said [mortgagee,] his executors, administrators, or assigns, the sum of £ of lawful money of Great Britain, on the day of, &c. [usually six months,] together with interest for the same at and after the rate of 57. for 1007. by the year, to be computed from the date of this surrender, without any deduction or abatement whatsoever,

11. Then this surrender to be void and of no effect, otherwise to remain in full force and virtue.

Taken (together with the private examina-
tion of the said E.,) the day and year
first above written, by me, C. D.,
deputy steward, p. h. v.

D.SE. B.

A. B.

E. B.

Receipt to be written at foot, see No. 276.

All the special varieties in surrenders, will be found in forms 276 to 295, the conditional surrenders having the same form as absolute surrenders, except as to the condition being inserted in the former.

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