Gambar halaman
PDF
ePub

merim seir restos de WE HAD13 TEE SMO

5.

Tezate ainete sa te making 1. MEN

bertinere si cateitse azd suit3102

2, i'z tre passage that res ci agricultural

azi grass, E STERE 155823 ct BOSSigs, each of the site iust, CTeI (A szoss the said is ended rais way azd tie tlete Dei: tereste nettioned ist is to say, First, be sub passsge or crosseg over or upon the piss of land fry described in the sobedule hereunder written, a: tie portiere end thereof and immediately adjoining to the station which is intended to be erected and built by the said coupaly 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 prements by a line coloured red describe in a similar manner the

other crossings]. TEMT)

6. The company shall not, by reason of the purchase by fuly it illable to them of the pieces of land and hereditaments respectively deinnka further scribed in the said schedule hereunder written, be liable or wwwintola. tion works, 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. Ilow works

7. All the works herein before agreed to be made by the to be completed. 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.

day of

for sale and

[ocr errors]
[ocr errors]

AN AGREEMENT made the 18—, BETWEEN [rendor] of &c. (hereinafter referred to as Parties. the vendor), of the one part [purchasing trustee], of &c., and [purchasing trustee), of &c. (who are hereinafter referred to as the purchasers), of the second part; and (a party whose consent is required], of &c., of the third part; WHEREBY it is agreed (subject to this agreement, and to the title to the mansion and hereditaments hereinafter described, being approved by the Chancery Division of the High Court of Justice in the now pending suit of (plaintiff ] v. [defendant] in manner hereinafter provided) as follows:

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 ap

proval of possession free from incumbrances (except as herein appears) Court. of and in ALL THAT piece of ground (formerly part of the gardens or land of -), situate in the parish of in the county of

; TOGETHER with the mansion and offices erected thereon, known as- and all lands and appurtenances usually occupied with the said mansion and offices, but subject to the stipulations hereinafter contained.

2. The purchasers shall forthwith, and at their own cost, Purchasers to 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.

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 Delivery of

requisitions actual delivery of the abstract, deliver at the offices of ; under direcin writing, their objections and requisitions (if any) in respect tion of the

[ocr errors]

abstract.

as to com

of

[ocr errors]

XII. Sale of of the title, and in making such objections and requisitions Direction of the purchasers shall act under the direction of the Court, and Court.

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).

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. Stipulations 6. The said piece of ground and premises hereby agreed mencement to be sold were by indenture of lease dated the day of title, &c. of

18—, demised by [lessor] to [lessce] 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 simplo 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 precipe in a recovery suffered in

pursuant to a covenant in an indenture dated

which will also be abstracted, and as respects certain family charges which formerly affected the property, the vendor shall not be required to abstract or produce any deed or will earlier in date than certain deeds dated in the year

by which the said charges were released or merged; but the purchaser (acting under the direction of the Court), shall nevertheless be entitled to decline to accept the title, unless such document of title earlier in date than the said indentures of bargain and sale,

as the Court shall direct, are abstracted and produced. As to nonproduction

7. No objection or requisition shall be made in respect of of original the non-production of the original or an attested or other copy deeds, &c.

[ocr errors]

Court.

on the

Execution of

of any instrument enrolled for safe custody and accessible to XII. Sale of

Land under the purchasers.

Direction of 8. As respects any deed, will, or other document which may not have been registered or properly registered in the As to regis

tration. county register, the same shall (if practicable) be registered, or re-registered at the request of the purchasers. The purchasers shall pay the said purchase-money of £ day of

next at the office of Messrs. aforesaid, 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. or before the said

day of — -,184, the purchasers shall pay interest on the said sum of £- from that day until completion of the purchase at the rate of £ per 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 day of

18–, all rates, taxes, and other outgoings in respect thereof shall be paid by them.

12. As respects muniments of title retained by former As to custody owners, 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 proval of premises on or before the

day of

18—, or on tained, con

tract to be or before such later date as shall be agreed upon in writing, void. this agreement shall be void.

[ocr errors]

XIT. Sale of 14. If the purchasers shall fail to comply with the atore
Land under
Direction of conditions, the vendor shall be at liberty to resell the property
Court

at much time, in such manner and subject to such conditions
If purchasers as the vender shall think fit, and any deficiency in price
fail o compiy
with stipuia- which may happen on and all expenses attending the resale,
tions, vendor shall immediately afterwards te paid by the said — to
may rescind
ard re-ell. the vendcr, and in case of non-payment shall be recoverable

from him by the vendor as and for liquidated damages.

AS WITNESS, &c.

[ocr errors]

XIII. AGREEJEVT for a BưILDING GRANT in

consideration of a perpetual REST-CHARGE.

AVAGREEMENT made the day of — 18—,
Parties. BETWEEY [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 :-
Agreement 1. The grantor shall sell, and the grantee shall purchase, all
for sale and
purchase.

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

- next.
2. The grantee has examined and is satisfied with the

grantor's title to the premises, and hereby accepts the same. Possession. 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.
Grantee to 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.

day of

Title.

fence of

[ocr errors][ocr errors]
« SebelumnyaLanjutkan »