II Low in the plac drawn in the margin of the presents by a line 5. The company shall make and for ever after the making therent, respectively repair and maintain ft for use and suitable for the passage therecver respectively of agricultural waggons and carriages, the several passages or crossings, each of the width of ten feet, crer or across the said intended rallway and the works thereof next hereinafter mentioned (that is to say, First, one such passage cr crossing over or upon the piece of land firstly described in the schedule hereunder written, at the northern end thereof and immediately adjoining to the station which is intended to be erected and built by the said company on land lying on the eastern side of the same piece of land, which said passage or crossing is delineated in the said plan drawn in the margin of these presents by a line coloured red describe in a similar manner the other crossings]. 6. The company shall not, by reason of the purchase by them of the pieces of land and hereditaments respectively described in the said schedule hereunder written, be liable or compellable by virtue of the Railways Clauses Consolidation Act, 1845, or otherwise howsoever, to make, construct, or erect for the accommodation of the owner any works whatsoever, other than those herein before agreed to be made by them. 7. All the works hereinbefore agreed to be made by the company shall be executed by them and at their own cost, to the satisfaction of Mr. -, of &c., or other the surveyor for the time being of the owner, and shall be completed within months from the date of this agreement. AS WITNESS, &c. THE SCHEDULE above referred to. XII. AGREEMENT for the SALE of LAND to be made under the DIRECTION of the COURT. AN AGREEMENT made the day of 18-, BETWEEN [vendor] of &c. (hereinafter referred to as Parties. for sale and proval of 1. The vendor will sell and the purchasers will, with the con- Agreement sent of the said [consenting party] testified by his executing this purchase subagreement, purchase for the sum of £ the fee simple in ject to appossession free from incumbrances (except as herein appears) Court. of and in ALL THAT piece of ground (formerly part of the gardens or land of in the county of -), situate in the parish of and all lands and ; TOGETHER with the mansion and offices erected thereon, known asappurtenances usually occupied with the said mansion and offices, but subject to the stipulations hereinafter contained. Purchasers to obtain sanc 2. The purchasers shall forthwith, and at their own cost, as between vendors and purchasers, use their best endeavours tion of Court to obtain in the said suit, with all practicable speed, the to sale. approval of the said Court of this agreement, subject to a good title being shown to the said premises in accordance with the stipulations hereinafter contained, and shall, in the event of such approval being obtained, forthwith communicate in writing to the vendor, or his solicitors the fact of such approval having been obtained. abstract. 3. The vendor shall within days from the notifica- Delivery of tion of the fact that the approval of the Court of this agreement has been obtained, subject as aforesaid, deliver to the purchasers, or their solicitors, an abstract of his title to the premises subject to the stipulation herein contained. 4. The purchasers shall, with all practicable speed after the actual delivery of the abstract, deliver at the offices of in writing, their objections and requisitions (if any) in respect Delivery of requisitions under direc tion of the Court. Land under Direction of Court. XII. Sale of of the title, and in making such objections and requisitions the purchasers shall act under the direction of the Court, and upon such delivery the title is to be considered as approved and accepted by the purchasers, subject only to such objections and requisitions (if any). Stipulations as to commencement of title, &c. As to nonproduction of original deeds, &c. 5. If the purchasers, acting under the direction of the Court, shall insist on any objection or requisition which the vendor shall consider himself unable, or shall on the ground of expense, or for any other reason, decline to remove or comply with, the vendor shall, notwithstanding any intermediate negotiation, be at liberty by writing signed by his solicitors, to rescind the contract, and shall not be required to pay to the purchasers any costs of investigating the title, or other compensation or payment whatever. 6. The said piece of ground and premises hereby agreed to be sold were by indenture of lease dated the of of day 18-, demised by [lessor] to [lessee] for a term years at the yearly rent of £ and under the covenants and agreements therein contained. The residue of this term, and also the reversion and inheritance in fee simple expectant thereon, and subject thereto, were in the year 18-, purchased by and assured to- and the said term is considered to have merged. The abstracts of title shall therefore commence as follows, viz.,- as respects the -year's term with the indenture of lease above referred to, and as respects the reversion in fee, subject to the term, the vendor shall not be required to abstract or produce any deed or will earlier in date than an indenture of bargain and sale dated the day of making the tenant to the præcipe in a recovery suffered in 7. 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 enrolled for safe custody and accessible to XII. Sale of the purchasers. The purchasers on the Land under tration. aforesaid, Execution of 8. As respects any deed, will, or other document which may not have been registered or properly registered in the As to regiscounty register, the same shall (if practicable) be registered, or re-registered at the request of the purchasers. shall pay the said purchase-money of £day of next at the office of Messrs. and the purchase shall then and there be completed. 9. Upon payment of the said purchase-money of £and of all interest (if any) due thereon, the vendor and all conveyance. other necessary parties (if any) will execute a conveyance in fee simple of the hereditaments hereby agreed to be sold to such person or persons as the purchasers shall direct; the said conveyance to be prepared by and at the expense of the purchasers. 10. If from any cause whatever other than the wilful Purchaser to default of the vendor the purchase shall not be completed on pay interest. day of or before the said pay -,18-, the purchasers from that day per until completion of the purchase at the rate of £ cent. per annum (whether their money be lying unemployed or not), but without prejudice to the vendor's other rights and remedies under this agreement. 11. The purchasers shall on completion of the purchase be Delivery of let into vacant possession of the said premises, and from the possession. said 18-, all rates, taxes, and other outgoings in respect thereof shall be paid by them. day of 12. As respects muniments of title retained by former As to custody and producowners, the purchaser shall be satisfied with the subsisting tion of deeds, qualified covenants for their production. As respects muni- &c. ments of title in the custody of the vendor or any party claiming under him, the vendor, or other the holder of the deeds, will not deliver up the same to the purchasers, but will give the usual statutory acknowledgment of the purchasers' right to their production and to delivery of copies thereof, and also the usual statutory undertaking for safe custody thereof. 13. If the purchasers shall fail to obtain the approval of Unless apthe Court to this agreement, and to the title to the said Court obpremises on or before the day of or before such later date as shall be agreed this agreement shall be void. proval of 18-, or on tained, con tract to be upon in writing, void. XII. Sale of Court. 14. If the purchasers shall fail to comply with the above Direction of conditions, the vender shall be at liberty to resell the property at such time, in such manner and subject to such conditions If purchasers as the vendor shall think fit, and any deficiency in price fail to comply with stipnia- which may happen on and all expenses attending the resale, tions, vendor shall immediately afterwards be paid by the said ———— to may rescind and re-seil. the vendor, and in case of non-payment shall be recoverable Parties. Agreement for sale and purchase. Title. Possession. Grantee to fence off XIII. AGREEMENT for a BUILDING GRANT in consideration of a perpetual RENT-CHARGE. AN AGREEMENT made the day of 18-, BETWEEN [grantor], of &c. (hereinafter referred to as the grantor) of the one part, and [grantee], of &c. (hereinafter referred to as the grantee), of the other part. WHEREBY it is agreed and declared as follows that is to say : 1. The grantor shall sell, and the grantee shall purchase, all that piece or parcel of land [describe parcels] (all mines and minerals being excepted out of the premises and reserved to the grantor) in fee simple in possession, free from incumbrances at the price, and in consideration of a rent-charge of £per annum, to be chargeable upon and issuing out of the said premises, and to be payable half-yearly on the day of and the — day of in every year, and the first half-yearly payment to be made on the day of next. 2. The grantee has examined and is satisfied with the grantor's title to the premises, and hereby accepts the same. 3. The grantee shall be at liberty to take possession of the premises immediately after the execution of this agreement for the purpose of erecting and executing the buildings and works hereby agreed to be made. 4. Within one month from the date of this agreement the building land; grantee will at his own cost sufficiently fence off the premises hereby agreed to be purchased by him, so as to protect the adjoining land from trespass and damage, with a substantial wood paling or with a brick wall at least nine inches thick, to the satisfaction of the grantor, or his architect or surveyor for the time being. |