Gambar halaman

Sale Reversion.

XVIII. For agreement shall be wholly void to all intents and purposes

whatsoever, and for this purpose time shall be of the essence of the contract (n).

10. The death of the said (tenant for life] shall not in anywise affect this agreement.


XIX. AGREEMENT for the Purchase of GROWING




day of

,18—; BETWEEN [rendor] (o), of &c., of the one part; and Parties.

[purchaser], of &c., of the other part; WHEREBY IT

AGREED, as follows, that is to say :Agreement 1. The said [rendor] shall sell, and the said [purchaser] for the sale of the timber. Time, the

(n) A similar provision to the above should never be omitted, essence of the unless the agreement of the parties be otherwise ; although, in contract in

the absence of any express stipulation, if on an agreement for sales of rever

the sale of a reversionary estate, part of the terms is, that the sionary interests. purchase-money shall be paid by a certain time, and it be not

so paid, by default of the purchaser, the vendor is discharged from his contract; because it is of the essence of justice that such a contract should be executed immediately, and without any delay; as no man sells a reversion who is not distressed for money; and it is ridiculous to talk of making him a compensation by giving him interest on the purchase-money during the delay: Newman v. Rogers, 4 Bro. C. C. 393; 1 Price, 298. See Hipwell v Knight, 1 Y. & C. Ex. 416. As to specific performance of contracts for the purchase of a reversion, see Spurrier v.

Hancock, 4 Ves. 667; Britton v. Twining, 1 Madd. Ch. 417. Sale of timber, (o). As a tenant in tail was, until recently, restrained from &c. by tenant aliening the estate without an enrolled conveyance, now substiin tail.

tuted for a fine or recovery, so he was restrained from charging it, or disposing, by contract or agreement, of the lasting improvements after his death. Therefore, if tenant in tail agreed for sale of the trees growing on the inheritance, the vendee must have severed them during the life of tenant in tail; for if he died before they are cut down, his issue should have them as part of the inheritance, and the vendee should not be permitted, after the death of tenant in tail, to fell one tree, though it be half cut down; for, as the tenant in tail had power over the inheritance only during his own life, he could not delegate that power to another for a longer time: and consequently, whatever remained part of the inheritance at the death of tenant in tail, when his power over it ceased, must necessarily have gone to the heir to whom the inheritance belonged : Bro. Abr. Contract, &c. 26; Liford's case, 11 Co. 50 a; Poph. 194; Hob. 173; 1 Pow. Contr. 127; 3 Bac. Abr. 64, n; Com. Dig. Biens (H).


day of

shall purchase
hundred oak trees, and

hun- XIX. Pur

chase of dred ash and elms, all marked with the letter S, standing in

Growing and upon the demesne lands of

and in and upon several lands and grounds called ; all which premises are now in the possession of 2. The purchase-money shall be paid by the said [pur- Power to cut

and carry chaser], as follows (that is to say), £

- part thereof, ,

away (P). upon the execution of these presents, and £

the remainder thereof, on or before the next.

3. The said (purchaser) shall have full liberty for himself and his servants, agents and workmen to enter upon the said demesne and other lands, and cut down the said trees, at all reasonable and convenient times, and to lay and place the bark of the oak trees in convenient parts of the premises to dry: And the said trees and wood, with the bark of the oaks, and the boughs, lops, and tops, of the whole of the said trees, to draw, remove, carry off, and take away in lots in and by the most usual and convenient ways and parcels,

Now, however, by the stat. 45 & 46 Vict. c. 38, s. 35, it is Settled Land enacted that:

Act, 1882, (1) Where a tenant for life is impeachable for waste in sect. 35. respect of timber, and there is on the settled land timber ripe Cutting and and fit for cutting, the tenant for life, on obtaining the consent of and parts of the trustees of the settlement, or an order of the Court, may cut proceeds to be and sell that timber or any part thereof.

set aside. “(2) Three-fourth parts of the net proceeds of the sale shall be set aside and be capital money under this Act, and the other fourth part shall go as rents and profits.".

Where the tenant for life (which term includes tenants in tail, and other limited owners, sect. 58), is an infant this power may be exercised by the trustees of the settlement,” or other persons appointed by the Court for that purpose. See as to the exercise of the powers of the Act by or on behalf of infants, married women, and lunatics, ante, pp. 412 n., 413 n.

Tenants for life may also, for the purpose of the execution, or repair of " improvements (as to which see sect. 25 of the Act), “cut down and use timber and other trees not planted or left standing for shelter or ornament,” without the necessity of obtaining any consent or order of Court (sect. 29). See further, as to the cutting of timber by limited owners, and generally as to waste, tit. SETTLEMENTS.

As to succession duty on timber, see tit. PURCHASES.

(P) Although, on a grant or sale of trees, a right to cut them down and carry them away is implied by law, Noy's Maxims, 55, 9th ed; Plow. Com. 16; 11 Co. 52 a; yet it is prudent to insert this provision, as it gives greater powers than the law would imply. B.-VOL, I.



timber on pre

XIX. Pur- at any time on or before the twenty-ninth day of September chase of

next : And also for himself and his servants, agents, and Growing

workmen, and other person and persons to whom they shall Power to dig sell and retail the said timber and wood, or any part thereof, pits, to saw

to dig saw-pits and break up and saw the said timber in mises. proper and convenient parts of the said premises in and upon

which the said timber and wood stand and grow, at any time before the said twenty-ninth day of September next, without paying or making any satisfaction to the said [rendor], his

heirs, assigns, or under-tenants. Timber, &c. 4. All the said oak, ash, and other trees, with the bouglis, not removed by times lops, tops, and bark thereof, as shall not have been removed agreed on to within the time before limited and agreed on for that purpose be forfeited.

shall thenceforth be forfeited to the said [rendor]. Purchaser to 5. The said (purchaser) shall, within one month next after fill up saw pits, the said twenty-ninth day of September next, at his own costs

and charges, fill up all such saw-pits as shall for the purposes

aforesaid have been made by him or his servants, on any of and repair

the said lands: And also fence, amend, and repair all the hedges.

hedges and fences in and about the said lands, in all such places as shall be broken, or otherwise damaged or destroyed, in felling, hewing, or carrying away the said timber, on being allowed by the said [rendor] hedge-wood for that purpose.

. Disputes to be 6. If any dispute should arise between the said parties referred to arbitration, or

touching any clause, matter or thing relating to the sale of umpirage. the said timber, the same shall be referred to and finally

settled by two indifferent persons, one of whom to be chosen
by each of the said parties; and if such two persons should
not agree, then by an umpire to be chosen by them (2).


(2) If the vendor be tenant in tail (unless the case falls within the provisions of the Settled Land Act, 1882, stated in the last

page), add the following clause :If vendor die “If the said [rendor] should die before the said twentybefore removal pur

ninth day of September next, and the said [purchaser] chaser to have should be prevented from felling, sawing, or carrying away allowance.

the said timber, as aforesaid, then the executors or administrators of the said [rendor) shall pay or allow unto the said [purchaser], such sum of money, by way of damages, as he shall thereby sustain; the same to be ascertained by arbitration, or arbitration and umpirage, as aforesaid.”

For other stipulations as to sale of timber, see tit. Conditions OF SALE.

[ocr errors]

XX. AGREEMENT between tico Vendors and a

Purchaser, ochere Money to be paid on a Valuation
of Timber is to be INVESTED in the Funds in the
Names of Trustees, until a TITLE can be made to a
Part of the ESTATE sold, and Title Deeds found;
and in the meantime, as an INDEMNITY to the


18—, BETWEEN [one of the vendors], of &c., Parties. widow, and sole executrix appointed by the last will of [testator], late of the same place deceased, and [the other vendor], of &c., and which [vendors) are the devisees in trust, named in the same will, of the one part; and [purchaser], of &c., of the other part. WHEREAS by an indenture of mortgage, dated the Recital of day of — 18—, and expressed to be made be- mortgage in

fee by hustween the said (testator], of the one part; and (mortgagees], band to the

trustees of his of &c., of the other part; the said (testator], in consideration

marriage of the sum of £ paid to him by the said [mortgagees], settlement, on out of moneys belonging to them on a joint account, granted ferring to him unto and to the use of the said [mortgagees], their heirs and the trust assigns, a certain manor and hereditaments, situate, &c., Recital of subject to a proviso for redemption on payment by the said declaration,

that mortgage [testator], his heirs, executors, or administrators, unto the money was said [mortgagecs], or the survivor of them, or the executors or and settled on administrators, or such survivors, or their or his assigns, of the marriage

of mortgagor the sum of £ and interest thereon, at the rate of five with his late pounds per centum per annum, on the day of 18—; which indenture contains a declaration by the said [mortgagees] that the said mortgage money was produced by the sale of £ - Consolidated £3 per cent. Annuities, transferred to them by virtue of an indenture, dated the day of

18—, being a settlement made previous to the marriage of the said (testator] deceased, with [xcife] his former wife, and that the said mortgage money was subject to the several trusts in the same indenture of settlement contained respecting the said sum of £ Consolidated £3 per cent. Annuities : AND WHEREAS, the Recital of said (testator] died on the

day of

mortgage and his former wife died on the

day of from trustee 18–. AND WHEREAS the said (deceased mortgagee] daughters,


[ocr errors]

18—, transfer of

day of

XX. On a

Purchase with a Defec

tive Title.

[ocr errors]

contract for


died on the

18–. AND WHEREAS by an indenture endorsed on the said indenture of mort

gage, and expressed to be made between the said [surviving the only

mortgagees] of the one part, and [daughters of testator] children of

of the other part, reciting that the said [daughters] as the marriage.

the only children of the said testator by his former wife A. B. were entitled in equal shares to the said sum of £

secured by the said mortgage, the said [mortgagee], at the request of the said [daughters], transferred and assigned to them the said mortgage debt or sum of £

and conveyed the mortgaged premises unto them and to their use in fee simple as tenants in common, subject

to such equity of redemption as was contained in the said Recital of indenture of mortgage. AND WIIEREAS the said [vendors],

as such devisees in trust as aforesaid, lately agreed with purchase.

[purchaser], of &c., for the sale to him of the fee-simple and inheritance of all that the then lately newly-erected capital messuage or dwelling-house, with the garden and outhouses thereto belonging; and also all that the manor and demesne and other lands, tenements, and hereditaments, to the said messuage, belonging, or in anywise appertaining; together also with the portion of two-thirds of tithes in and upon certain parts of the said demesne lands, containing about acres ; Which tithes were described to be then lately purchased by the said (testator], deceased, of A. B.; And which messuage, manor, hereditaments, and premises, were, by a printed particular, annexed to, and referred to by the contract now in recital, described to be situated in the county of —, with the appurtenances, free from incumbrances (except a yearly rent of shillings, payable by way of fee-farm rent),

at the price of £ -: And it was thereby further agreed, agreement

that the said [purchaser] should further pay to the said

[rendors], for all the timber, including the bark, and tops valued.

and lops, growing upon the whole of the estate and premises, as the same should be valued by two indifferent persons or their umpire, one of such indifferent persons to be chosen by the said [vendors], and the other by the said [purchaser] ; in which valuation all timber trees and saplings growing on the

said premises, which were of the value of one shilling, or Recital, that above that value, were to be estimated. AND WHEREAS the the premises said manor, newly-erected capital messuage, and other mesbe purchased suages, lands, hereditaments, and premises, contracted to be

Recital of

that timber should be

« SebelumnyaLanjutkan »