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CONTENTS.

PRECEDENTS.

I. Memorandum by a Judge to be endorsed on or written at the Foot

or Margin of a Deed acknowledged by a Married Woman. . 259

II. Memorandum by a Commissioner to be endorsed on or written at

the Foot or in the Margin of a Deed acknowledged by several

Married Women

259

III. Memorandum by a Special Commissioner to be endorsed on or

written at the Foot or in the Margin of a Deed acknowledged by

a Married Woman who is a Foreigner or Deaf and Dumb.. 260

IV. Acknowledgment by a Vendor of a Purchaser's Right to produc-

tion of Deeds, &c., and Undertaking for the Safe Custody

thereof

261

V. Acknowledgment by Trustees, on a Sale by a Tenant for Life of

the Purchaser's Right to production of Deeds, &c., and qualified

Undertaking of Safe Custody thereof

261

VI. Acknowledgment on a Sale by Auction of Freeholds or Copyholds

in Lots by the Vendor as to Deeds, &c., retained by him; and

by the Purchaser of the largest Lot, as to Deeds, &c., retained

by him, to the right of the Purchaser of another Lot to pro-

duction of Documents, and undertakings for the Safe Custody

thereof

263

VII. Acknowledgment on a Sale by Auction of Leaseholds in Lots by

the Purchaser of the largest Lot; of the right of the Vendor,

in respect of a Lot unsold, to production of the Lease and an

Assignment thereof, and undertaking for Safe Custody of the

Documents

265

VIII. Acknowledgment by a Mortgagee on a Sale of part of the

Mortgaged Property; of the Purchaser's right to production of

Documents, and Covenant by the Mortgagor to procure the

production of the Documents, and for the Safe Custody thereof,

when they shall come into his Possession

266

IX. Acknowledgment by a Mortgagee to a Mortgagor of the receipt

of Title Deeds

268

X. Acknowledgment of Satisfaction of a Registered Judgment .. 269

XI. Acknowledgment of Title, so as to bar the Statutes of Limita-

tion

270

PRELIMINARY DISSERTATION.

I. Of Parol Agreements and the Statute of Frauds.—Enactments of

the Statute, 272—Lord Tenterden's Act, 274–To what matters

the Statute of Frauds extends, 276–Vacating effect of the 4th

Section, 277—Parol Licenses, 278—Sales of standing Crops,

Fixtures, &c., 282–Agreements for Leases, 291–Sale of Shares

in a Company, 292—Assignment of Vendor's Lien, Mortgage

Debt, &c., 294—Cases not within the Mischief of the Act, 295–

Sales by Auction, 295–Agreement admitted, 295–Part Per-

formance, 296—Guaranty, 302–Agreement not to be performed

within the Year, 303—Contract for the Sale of Goods, 305—What

Signature is sufficient, 309-Signature by one Party only, 310—

Signature as Witness, 315—Letters, 317—Signature by Agent,

319_Brokers, 322—Auctioneers, 323—Statement of Considera-

tion, 325—Certainty requisite as to Terms of Agreement, 330—

Declarations of Trust within the 7th Section, 331—Implied or

Resulting Trusts, 333—Parol Evidence to explain or control

Written Instruments, 344—Declarations at Auctions, 346—Evi-

dence of matters not within the scope of the Instrument, 347—

Evidence to show Consideration, 347— Evidence to vary a

Writing as against Third Parties, 849—Part of the Agreement

in Writing, 351–Evidence of Fraud or Mistake, 351-Evidence

to assist Construction, 360— Usage, 363—Extrinsic circum-

stances, 366-Latent ambiguity, 367–Parol Variation or Waiver

of a Written Contract, 372—Variation of Contract within the

Statute, 373–Abandonment of Contract, 379.

II. Of Stamps on Agreements. - Stamp Act (1870), 381 - Stamp

governed by effect of Instrument, 382 — What Agreements

within the Act, 383—Instruments executed abroad, 391–Re-

stamping, 393—Alterations and Escrows, 393-Several Stamps

required when one Document comprises distinct Transactions,

396.

AGREEMENTS-continued.

V. Sale of Leasehold House, &c., by Trustees.-Agreement by Trus-

tees for the Sale of a Leasehold Messuage, &c.; application of

Insurance Moneys in event of Fire before completion .... 428

VI. Sale of Farm.-Agreement for Sale of a Leasehold Farm: Pur-

chaser to be let into Possession before accepting the Title.. 430

VII. Sale of Shop, Goodwill, &c.—Agreement for the Purchase of a

Leasehold Shop, Fixtures, Stock-in-trade and Goodwill of a

Business ; Purchase-money to be paid by Instalments; Un-

paid Instalments to be secured by Purchasers' Bond, and by

Mortgage of the Premises and Fixtures, &c.

432

VIII. Terms for Sale of Land to Railway Company.—Terms for the

Purchase of Lands by a Railway Company

436

IX. Sale of Land to Railway Company.-Agreement for the sale of

Land with Mines, &c. to a Railway Company; Purchase-money

to include Compensation for severance, &c., and satisfaction for

Accommodation Works; Company to have immediate Posses-

sion

437

X. Sale of Land to Promoters of Railway.-Agreement with Pro-

moters of a Railway Company for Sale of Land; Company to

make Accommodation

Works, and to compensate the Landowner

for deterioration in Value of his Property, in consideration of

his withdrawing Opposition to the passing of the Bill .... 446

XI. Accommodation Works.-Agreement by a Railway Company to

execute Works for the Accommodation of the Owner of Land

adjoining the Railway

.. 450

XII. Sale of Land under Direction of the Court.-Agreement for the

Purchase of Land to be made under the Direction of the

453

XIII. Building Grant.--Agreement for a Building Grant in conside-

ration of a perpetual Rent-charge...

456

XIV. Sale of Advowson.-Agreement for the Purchase of the Right

of Patronage of an Advowson in Fee, for Life, or for Years 459

XV. Sale of next Presentation. -Agreement for the Purchase of the

next Presentation to a Parsonage...

467

XVI. Sale of next Presentation by Tenant in Tail.—Contract for Sale

by Tenant in Tail in remainder of the next Presentation to a

Rectory in the event of the Tenant in Tail being entitled in

Possession on its falling vacant; with Covenant to refund the

Purchase-money in the event of the Tenant in Tail not so

becoming entitled..

474

XVII. Sale of Life Estate.-Agreement for the Purchase of an Estate

for the Life of the Vendor, or for the Life of another

Person

476

XVIII. Sale of Reversion in Fee.--Agreement for the Purchase of a

Remainder or Reversion in Fee expectant on the determination

of an Estate for Life

478

XIX. Sale of Growing Timber.-Agreement for the purchase of

Growing Timber

480

AGREEMENTS-continued.

XX. On Purchase with a defective Title.--Agreement between two

Vendors and a Purchaser where Money to be paid on a Valua-

tion of Timber is to be invested in the Funds in the names

of Trustees, until a Title can be made to a part, and Title

Deeds found; and in the meantime as an Indemnity to the

Purchaser.

.. 483

XXI. Re-purchase if Title Deeds are not found.-Agreement by a

Vendor to re-purchase Premises if required by the Purchaser

within a limited period, in case the Title Deeds are not found

in the meantime

. . 490

XXII. Arbitration. --Agreement between the Vendors and Purchasers

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)..

.. 492

XXIII. Settlement of Boundaries of Church Lands.—Agreement be-

tween the Dean and Chapter of a Cathedral and a Lessee of

Lands held under the Dean and Chapter, and a Husband and

Wife seised in right of the Wife of an adjoining Estate in fee,

to refer the Settlement of the Boundaries of the Premises held

by the parties respectively to a Referee

.. 500

XXIV. Partition.-Agreement for a Partition of Freeholds, Copy-

holds or Leaseholds; when the part which each is to take in

severalty has been proviously ascertained ; and it is referred to

Commissioners, or their Umpire, to determine the sum to be

paid for equality of Partition..

.. 508

XXV. Partition.-Agreement for a Partition, by Commissioners, of

Freeholds and Copyholds between two Co-heiresses and their

Husbands and the Trustees of a Settlement if the share of one;

and that certain parts of the Property shall be taken as part of

each Allotment.....

512

XXVI. Exchange.--Agreement for an Exchange of Freeholds, Copy-

holds or Leaseholds ; with reference to Commissioners or their

Umpire to determine the Sum to be paid for equality of

Exchange ..

517

XXVII. Exchange.-Agreement for an Exchange between a Mayor

and Corporation and a private Individual, to be effected by the

Land Commissioners for England and Wales ...

520

XXVIII. Adoption.-Agreement for the Adoption of Children .. 525

XXIX. Amalgamation.-Agreement for the Amalgamation of two

Limited Companies, and transfer of Business.... .. 532

XXX. Association.--Agreement for regulating an Association for

prosecuting Felons

536

XXXI. Building.–Agreement to build a House, &c.

.. 539

XXXII. Building.–Agreement for making extensive Alterations of,

and Addtions to, a House in London

543

XXXIII. Building.–Building Agreement between Contractors and a

Committee for the erection of a Public Building

548

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