A Selection of Precedents in Conveyancing: Taken from Modern Manuscript ... - William Meecham Bythewood, George Sweet - Google Buku

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Statutes of Limitation, 1-Limitations against the Crown, 46-Limita-

tions of claims to Tithes, 49-Commencement of the Abstract,

52-Contents, Form and Arrangement of the Abstract, 62—

Verification of the Abstract, 88-Search for Incumbrances, 99

-Recitals, 129--Evidence of Title, by Descent, 130-Aliens,

144-Evidence admitted in Matters of Pedigree, 149-Proof of

Written Documents, 158-Evidence in other Matters, 170.

ACKNOWLEDGMENTS.

PRELIMINARY REMARKS.

I. Of Acknowledgment by Married Women and their Powers of Dis-

position inter vivos.-Disposition at Common Law, 208-Real

Estate by Fine or Recovery, 209-What Property can be dis-

posed of by Acknowledgment, 210-Leases, 211-Powers under

Settled Estates Act, 1869, and Settled Land Act, 1882..212—

Chattels Real, 212-Chattels Personal, 213-Choses in Action,

213-Powers, 215-Separate Use in Equity, 215-Dealing with

Husband, 216-Separate Trade, 217-Equity to a Settlement,

217-Where the Right attaches, 218-Amount settled, 219-

Form of Settlement, 220-Savings, 221-Separate Property by

Statute, Divorce Acts, 221-Married Women's Property Act

(1870), 224-Married Women's Property Act (1882), 225-

Restraint on Anticipation, 228-Statutory Powers of the Court,

229-Disposition of Separate Property, Legal Estate, 230-

Trust Estates, 232-Fines and Recoveries Act, 234-Con-

veyancing Act (1882), 242-Rules under that Act, 244-Malins'

ACKNOWLEDGMENTS-continued.

II. Of Statutory Acknowledgments of the Right of a Purchaser to

production of Deeds and Undertakings for their Safe Custody.

-Conveyancing Act (1881), s. 9..251-Effect of the Section,

253-Nature and effect of a Statutory Acknowledgment, 254-

No liability to Damages under an Acknowledgment, 255-

Statutory Undertaking, 256-Whether Trustees should give an

Undertaking, 256-As to Mortgagees, 258-Stamp, 258.

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

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

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

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

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

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

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

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

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

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,

I. Sale of Freeholds.-Agreement for the Sale of Freeholds with the

usual Stipulations

II. Sale of Copyholds with special Stipulations.-Agreement by

Mortgagees for the Sale of Copyholds (in a Register County);

Special Stipulations as to Commencement of Title, &c. .... 408

III. Contract by Tenant for Life for Sale of Settled Lands.-Contract

by a Tenant for Life under the Settled Land Act, 1882, for the

Sale of the principal Mansion House, and Demesne Lands on a

Settled Estate, and Manors; an Advowson and Lands of Free-

hold, Copyhold, and Leasehold Tenure; the Timber to be taken

IV. Sale of Heirlooms.-Provisional Contract by a Tenant for Life

under the Settled Land Act, 1882, for the Sale of Heir-

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

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. .....

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

Purchase of Lands by a Railway Company

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

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

Purchase of Land to be made under the Direction of the

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

ration of a perpetual Rent-charge..

....

....

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..

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...

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

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

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

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

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

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

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)

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...

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...

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

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.

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

XXIX. Amalgamation.-Agreement for the Amalgamation of two

Limited Companies, and transfer of Business.

XXX. Association.-Agreement for regulating an Association for

prosecuting Felons ...

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

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

and Addtions to, a House in London

XXXIII. Building.-Building Agreement between Contractors and a

Committee for the erection of a Public Building

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