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Parties.

Recital of purchase,

and conveyance in fee.

Recital of the

loss of titledeeds, and

XXI. AGREEMENT by a Vendor to REPURCHASE
Premises if required by the Purchaser within a
limited Period, in case the TITLE DEEDS are NOT
FOUND in the meantime.

ARTICLES OF AGREEMENT made the

day

of - -, 18-, BETWEEN [vendor] of &c., of the one part, and [purchaser] of &c., of the other part.

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and the in

in

WHEREAS the said [purchaser] has purchased of the said [vendor] a certain messuage or tenement, garden and premises, situate at in the county of heritance thereof in fee simple, at the price of £And by an indenture dated the day of stant, and made between the said [vendor] of the one part, and the said [purchaser] of the other part; the said [vendor] has, in consideration of the said sum of £-, granted and conveyed the said messuage and premises, with their appurtenances, unto and to the use of the said [purchaser], his heirs and assigns: AND WHEREAS the title-deeds and writings relating to the said premises have been lost or misagreement for laid, and previously to the completion of the said purchase and payment of the said sum of £ it was agreed befound within tween the said parties, that the said [vendor] should enter into the covenants and stipulations hereinafter contained, and on his part to be observed and performed, for the repurchase of the said messuage and premises at the price of [purchasemoney], and otherwise in relation to the premises, in manner hereinafter appearing. NOW THESE PRESENTS WITNESS, and it is hereby agreed and declared between and Covenant by by the parties hereto, and the said [vendor] hereby covenants vendor, that if purchaser with the said [purchaser], that in case the said [purchaser], his should require heirs, or assigns (a), shall at any time after the expiration of chase premises three years, and within the space of nine years, to be computed within a limi- from the date hereof, be desirous to sell the same messuage ted period,

case they should not be

a limited period.

Testatum.

him to pur

before the deeds are found,

and premises comprised in the said indenture of even date herewith, and of such his or their desire shall give unto the said [vendor], his heirs, executors, or administrators (a), or leave at his or their usual place of residence, six calendar months'

(a) For these words may be substituted throughout:

"or the person or persons claiming under him."

Title-Deeds

ingly, at the

chase accord

sum now paid by purchaser.

convey ac

repurchase to

notice in writing, Then and in such case, and at the expira- ΧΧΙ. Το tion of the six calendar months for which such notice shall be Repurchase if given, if the deeds and writings mentioned in the first are not found. schedule hereunder written should not previously thereto have he will purbeen found and delivered to the said [purchaser], his heirs, or assigns, whole and undefaced, he the said [vendor], his heirs, executors, or administrators, shall purchase the said messuage and premises, of and from the said [purchaser], his heirs or assigns, at the price of £: AND THE SAID Agreement by [purchaser] hereby agrees that on payment of the said sum purchaser to of £- -, pursuant to the aforesaid agreement, he the said cordingly. [purchaser], his heirs or assigns, and all other persons claiming through or under him, shall, at the request, costs, and charges of the said [vendor], his heirs, executors, or administrators, convey the said messuage and premises, with the appurtenances, unto and to the use of the said [vendor] and his heirs, or as he or they shall direct or appoint, free from incumbrances: And further that in case the said [vendor] his Premises at heirs, executors, or administrators, shall be called upon to the time of repurchase the said messuage and premises, in pursuance of be in good repair, the agreement hereinbefore for that purpose contained, the same premises shall, at the time of such repurchase, be in good and tenantable repair; And upon the completion of such and fixtures purchase, the same premises, together with the several fixtures as good state mentioned in the first schedule hereunder written, shall be as at present. delivered to the said [rendor], his heirs or assigns, in as good order and condition, in all respects, as the same now are: PROVIDED ALWAYS, that these presents shall not, nor shall the Agreement above-recited indenture of the 18-, deemed a be considered, construed, or taken to be a mortgage or security mortgage. for money, or anything in the nature of a mortgage or security for money; nor shall the same give, or be construed to give, unto the said [rendor], his heirs, executors, administrators, or assigns, any right, title, or equity, to redeem the said premises, upon payment of the said purchase-money or sum of £with interest: PROVIDED ALSO, that in case the deeds and In case the writings mentioned in the second schedule hereunder written be delivered, shall, previously to any such notice as aforesaid, or to the agreement to expiration of the said six calendar months, for which such notice shall be given or left as aforesaid, be found and delivered to the said [purchaser], his heirs or assigns, whole

day of

in schedule in

not to be

deeds should

be void.

ΧΧΙ. Το

and undefaced; Then, and in such case, these presents, and Repurchase if Title-Deeds every thing herein contained, shall cease and be void. IN WITNESS, &c.

are not found.

THE FIRST SCHEDULE TO WHICH THE ABOVE-WRITTEN

AGREEMENT REFERS.

THE SECOND SCHEDULE TO WHICH THE ABOVE-WRITTEN
AGREEMENT REFERS.

Parties.

Recital of contract for

sale of certain premises in fee.

XXII. AGREEMENT between the Vendors and Purchaser of an Estate in Fee-simple, TO REFER TO ARBITRATION the Question whether certain LANDS WERE INCLUDED IN THE CONTRACT; and what COMPENSATION the Vendors should receive in consequence of part of the premises being discovered to be of a Leasehold Tenure: (very specially drawn).

ARTICLES OF AGREEMENT, made the

day

of
18-, BETWEEN [three vendors], of &c. (devisees
in trust, and executors named in the will of [testator], late
of &c., esquire, deceased), of the one part; and [purchaser],
of &c., of the other part.

and

WHEREAS the said [vendors], as devisees in trust as aforesaid, in the year 18-, by writing under their hands, contracted with the said [purchaser] for the absolute sale to him of the several manors of ; and of divers farms, lands, and hereditaments, situate in the county of and the inheritance thereof, in fee-simple, at the price of £; Among which hereditaments so contracted to be sold are included a farm and lands called Acre Farm; and also certain lands called Evergreen Lands; and also a house and gate-room hereinafter mentioned; which sale so made to the said [purchaser] has not yet been completed. Recital of AND WHEREAS the whole of the said farm and lands called agreement to relinquish Acre Farm, and now let upon lease, under the yearly rent of part of pre- £is included in the contract for the sale, so agreed to mises, and allow propor- be made to the said [purchaser] as aforesaid; and as the said tion of rent, [purchaser], at the request of the said [vendors], hath consented on having a compensation. and agreed, that such part of the said farm called Acre Farm, and containing

acres,

roods, and

perches, or thereabouts, as is specified in the schedule hereunder

XXII. On

Purchase, Disputes to

to refer

Arbitration.

agreement to

written, shall be discharged from the said contract, and that the said [purchaser] shall be allowed out of the said purchasemoney a compensation for the loss of the part so discharged; and that the said [purchaser] should be entitled to the yearly rent of [apportioned rent], to be paid in respect of the part of Acre Farm aforesaid, which is retained by, and intended to be conveyed to the said [purchaser], as the apportioned part of the said yearly rent of [whole rent]. AND WHEREAS it has Recital of been agreed between the said [vendors] and [purchaser], that leave value of the value of the lands specified in the schedule hereunder premises relinquished to written, being part of Acre Farm aforesaid, shall be ascer- arbitration, tained by two indifferent persons, one of whom shall be or umpirage. chosen by the said [rendors], and the other of them by the said [purchaser]; and that in case such two persons shall not agree in their valuation, then the same shall be ascertained by such one person as the said two first referees shall for that purpose appoint; and the value of the said lands so to be ascertained shall be deducted by the said [purchaser], out of his said purchase-money, by way of compensation. WHEREAS by an indenture dated the

day of

AND

and expressed to be made between [one of the lessors], of widow, of the first part; [the other lessor], of &c., spinster,

day of

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Recital of lease of copy"hold lands by

&c., two tenants

in common for

of life, for

years, if they

under should respec

to tively so long live, with

the second part; and [lessee], of &c., of the third part; Re- twenty-one citing a license bearing date the the hand of the deputy steward of the manor of the said [first-named lessor], to let to farm to the said [lessee] separate her moiety of the cottage at in the manor aforesaid, steward. for the term of twenty-one years from the 29th day of September then last, if the said [first lessor] should so long live; And also a license dated the

of

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day

under the hand of the said deputy steward of the same manor, to the said [first lessor], to let to farm to the said [lessee], a moiety of one barn and gate-room, and half a yard of land, called the

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containing

acres; And also a moiety of a close of land called
containing acres; And also a moiety of those

acres, called

in

,

four closes of land, containing
the manor aforesaid, for the term of twenty-one years from
the 29th day of September then last, if the said [first
lessor] should so long live; And also, a license dated the
-, under the hand of the said deputy
steward, to the said [second lessor], to let to farm unto the

day of

deputy

XXII. On
Purchase,

to refer

said [lessee] her moiety of the aforesaid cottage in

for the term of twenty-one years from the 29th day of Disputes to September then last, if the said [second lessor] should so long live; And also, a license dated the

Arbitration.

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day of

under the hand of the said deputy steward, to the said [second lessor], to let to farm to the said [lessee] her moiety of the herein before mentioned barn and gate-room, and half a yard of land called ; And also one moiety of a close of land called And also, a moiety of the said four closes of land called -; for the term of twenty-one years from the

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containing

acres ;

day of September then last past, if the said [second lessor]
should so long live; And further reciting, that the said
[lessors] were entitled to one moiety each of and in All that
meadow or pasture ground, containing by estimation
acres, lying and being in
the tenure or occupation of

aforesaid, and then in during the term of their

natural lives; It was witnessed, that the said [lessors] did demise, and to farm let unto the said [lessee], All their aforesaid undivided moieties of and in the several copyhold messuages and tenements above mentioned; And all their aforesaid undivided moiety, or half part each, of and in All that meadow or pasture ground above mentioned; All which premises were then in the tenures or occupations of the said [lessee and others]; To hold the same unto the said [lessee], his executors, administrators, and assigns, from the 29th day of September then last past, for the term of twentyone years, if the said [first lessor] and [second lessor] should so long live; At the yearly rent of £ payable half yearly, as therein mentioned; And subject to the covenants. Recital, that and agreements therein contained. AND WHEREAS the lease granted to the said [lessee], as aforesaid, was so granted to him in trust for the said [testator], deceased. WHEREAS the said [purchaser] contends, that the premises herein before mentioned to be comprised in the said indenture of lease, of the

lease was granted in

trust for tes

tator.

Recital of dif

ference be

tween vendors and purcha

ser, whether leaseholds

in contract.

- day of

AND

-, are included, or were intended to be comprised in the contract for sale, so were included made between him and the said [vendors], as aforesaid; And the said [purchaser] claims a compensation, to be deducted out of his said purchase-money, and the amount thereof to be settled as hereinafter mentioned, for the difference in value in the same premises, between a freehold and

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