days immediately preceding the day of sale, and which will also be produced at the time of sale, and the purchaser, whether he examine the same or not, shall be taken to have bought with full notice of such covenants and conditions.

14. If before the completion of the purchase the vendor shall have expended any money in complying with any requirement enforceable against him and made after the sale by the municipal corporation, local board of health, or other local authority of the borough or district within which such property is situated, in respect of such property, or of the paving or flagging of the roads, streets or passages adjoining the same, the purchaser shall, on the completion of the purchase, repay to the vendor the amount so expended by him; and in case any such requirement shall not have been complied with before the completion of the purchase, the purchaser shall indemnify the vendor in respect thereof, but the vendor shall, upon receiving notice of any such requirement, inform the purchaser thereof, and give to him the option of complying therewith in lieu of the vendor doing so, and shall not expend any money for the purpose aforesaid, unless the purchaser shall refuse or neglect to comply with such requirement.

15. The purchaser shall pay the remainder of his purchase-money at the time and place appointed by the Special Conditions of Sale for the completion of the purchase, and upon such payment the vendor and all other necessary parties (if any) will execute a proper assurance of the property to the purchaser, but such assurance and every other assurance and act which shall be required by the purchaser for getting in, surrendering, or releasing any outstanding estate, right, title or interest, shall be prepared, made and done by and at the expense of the purchaser, and every such assurance shall be tendered or left by him not less than seven days before the day appointed for the completion of the purchase at the office of the vendor's solicitor, and the expense of the perusal on behalf of, and execution and acknowledgment by the vendor, and all necessary conveying parties of all such assurances shall be borne by the vendor. When the vendor is a mortgagee or trustee selling under a power or

trust, the purchaser shall not be entitled to any other covenant as to title than a covenant by the vendor that he has not encumbered the property.

16. The rents or possession will be received or retained, and the outgoings discharged by the vendor up to the day appointed by the Special Conditions of Sale for the completion of the purchase, and as from that day, the outgoings shall be discharged and the rents or possession taken by the purchaser, and such rents and outgoings shall (if necessary) be apportioned between the vendor and the purchaser for the purpose of this condition.

17.-If the purchaser shall not complete the purchase at the time appointed, he shall pay interest on the remainder of his purchasemoney at the rate of £5 per centum per annum from that time until the same shall be paid, or the vendor may, at his option, take the rents or retain possession of the property, the current rent and outgoings being, if necessary, apportioned between the vendor and the purchaser. Provided always, that if the delay in the completion of the purchase shall arise from any cause other than the neglect or default of the purchaser, and if the purchaser shall at his own risk and expense deposit the remainder of the purchase-money in any bank, upon a deposit account bearing interest, and shall forthwith give notice of such deposit to the vendor, the vendor shall, from the time of such deposit, be entitled to such interest only (if any) as shall be actually produced thereby, and shall not be entitled to take the rents under the preceding proviso.

18. The vendor will retain such muniments of title as relate to any part of the property offered for sale, and also to other property belonging to the vendor not included in the sale, and will enter into covenants with the purchaser for the production and furnishing copies thereof, such covenants to be prepared by and at the expense of the purchaser; and whenever the vendor is a trustee or mortgagee, such covenants shall be framed so as to bind the vendor only while having the custody of the same muniments, but so far as is practicable, to bind such muniments into whosesoever hands the same may

come.

19. It shall not be necessary in any case or for any purpose for the vendor to prepare or tender to the purchaser a conveyance of the property sold to him.

20.-Upon the sale of property in lots, these Conditions and the Special Conditions of Sale shall be applicable to each separate lot in the same manner as if such lot had formed the only property sold, except, however, that the purchaser of more lots than one shall not be entitled to more than one abstract of the title which may be common to two or more of such lots, and that the purchaser of the largest part in value of property held under the same title shall be entitled, upon the completion of the sale of all such property, to the custody of the muniments of title comprising the same, and not comprising any other property belonging to the vendor, and shall enter into covenants with the purchasers of the other parts of the same property for the production and furnishing copies of such muniments, such covenants to be prepared by and at the expense of the purchasers requiring the same, but to be perused and executed at the expense of the covenantor.

21. If the purchaser shall neglect or fail to comply with the Special or Public Sale Conditions, the vendor may rescind the contract, and retain the deposit as liquidated damages, or he may resell the property either by public auction or private contract, and subject to such conditions as he may think fit; and the deficiency, if any, on such resale, together with all expenses attending the same, and all costs, losses, damages and expenses by reason of such default, shall be made good to the vendor by the defaulter; and in case of non-payment, the same shall be recoverable by the vendor as liquidated damages, but any surplus on such second sale shall be retained by the vendor for his own benefit.

of

The Form of Agreement for Completion of the Purchase referred to in the foregoing Public Sale Conditions.

MEMORANDUM OF AGREEMENT made the

the vendor of the one part, and

between

day

the purchaser of the other part.

WHEREBY IT IS WITNESSED, that the said

is the purchaser of the property described in the foregoing particulars, at the price of subject to the foregoing Special Conditions of Sale and Public Sale Conditions, and the vendor and purchaser do, on their respective parts, agree to complete the sale and purchase according to the said conditions.

As witness the hands of the parties.

day of

18

THIS INDENTURE, made the between A. B., of, &c. (hereinafter called the vendor), of the one part, and C. D., of, &c. (hereinafter called the purchaser), of the other part, WITNESSETH that in consideration of the sum of £ paid to the vendor by the purchaser for the purchase of the fee simple of the lands (a) hereinafter mentioned, of which sum the vendor hereby acknowledges the receipt, the vendor, as beneficial owner, hereby conveys to the purchaser All, &c. (parcels) (b) to hold unto and to the use of the purchaser in fee simple (c). Add if required as follows:-And the vendor hereby acknowledges the right of the purchaser to production of the documents of title mentioned in

(a) By sec. 6, a conveyance of land includes all the buildings upon it and all things appurtenant thereto.

(b) The general words are rendered unnecessary by sec. 6, and all the estate, &c., by sec. 63 of the Act.

(c) The vendor's covenants for title are implied (sec. 7), and in the absence of any stipulation to the contrary, a vendor may object to the insertion of the covenants.

the schedule hereto and to delivery of copies thereof, and hereby undertakes for the safe custody thereof (a).

between A. B., of, &c. (hereinafter called the vendor), of the one part, and C. D., of, &c. (hereinafter called the purchaser), of the other part. Whereas, by an indenture dated, &c., and made between (parties), the vendor did demise the lands hereinafter mentioned to E. F. for the term of

years, from the

day of

then last past, at the yearly rent of £ and subject to the covenants and conditions therein contained. NOW THIS INDENTURE WITNESSETH, that in consideration of £ paid to the vendor by the purchaser, for the purchase of the fee simple of the lands hereinafter mentioned, the receipt whereof the vendor hereby acknowledges, the vendor, as beneficial owner, hereby conveys to the purchaser All, &c. (parcels), together with the full benefit of the rent, covenants and other the benefits and advantages reserved by the said indenture of lease, To hold the same subject to the said indenture of lease, unto and to the use of the purchaser in fee simple (if required, add acknowledgment of right to production of title deeds, as in Precedent No. 1.)

A. B., of, &c. (hereinafter called the mortgagor), of the first part,

(a) The usual declaration to bar dower can be inserted here, if desired.