and I hereby undertake to pay £ the remainder of the purchase-money, and to complete the purchase, on the

day of

in accordance with the within (or annexed)

Conditions of Sale, which I hereby admit to contain all the

terms of the contract,

set my signature.

In witness whereof I have hereunto

(Name or Signature of Purchaser.)

dum

I hereby acknowledge that I have received as Agent for and Memoranon behalf of (state name of Vendor, or describe him as owner of contract. of the property sold, or by other sufficient designation) (a)

from

as Purchaser at the

the sum of £ price of £ of the property referred to in the within (or annexed) conditions of sale, which I hereby, as Agent aforesaid, admit to contain all the terms of the contract; such sum being a deposit in part payment of the said price, at the rate of per cent. thereon, In witness whereof I have hereunto Receipt. set my signature.

£

(Name or Signature of Agent.)

IL-FREEHOLDS OR COPYHOLDS.-ANOTHER FORM.

I. The property will be sold without reserve in a single Subject of

lot (b).

sale.

&c. to be

taken at

valuation.

II. The fixtures, timber, and other trees, tellers, pollards, Fixtures, saplings, and underwood, down to the value of one shilling per stick, as well as the green and other crops attached to or growing on the property at the time of the sale, shall be paid

(a) Cf. ante, pp. 72-77.

(b) Cf. ante, p. 523, note (b).

Biddings and

for by the Purchaser at a valuation to be made * within

days after the sale by two valuers to be appointed one by the
Vendor and the other by the Purchaser. On or before
the day of
notice in writing of the valuer
appointed by the Vendor shall be served on or sent by post to
the Purchaser, and on or before the same date notice in
writing of the valuer appointed by the Purchaser shall be left
at the offices of the Vendor's Solicitors, Messrs,

No.

Street. The valuers so appointed, or

in case of dispute any umpire they may appoint, shall determine the amount to be paid by the Purchaser in respect of the said subjects included in the valuation; and such determination shall be final and binding on both parties. On default of either Vendor or Purchaser to appoint a valuer or give notice of such appointment as aforesaid, or on default of either valuer duly to act in the valuation, the valuer (if any) duly appointed and willing duly to act may proceed to carry out the valuation, and his determination shall be final and binding on both parties. In case no valuation shall be made the subjects above mentioned for valuation shall be paid for by the Purchaser at their fair value.* [For the words between asterisks the following may be substituted—“by two valuers or by their umpire to be appointed in the usual way."]

III., IV. Condition as to Biddings, antè, p. 523. Condition Deposit. as to Deposit and Signature of Contract, ante, p. 524, modified as follows:-" and shall sign the indorsed (or annexed) contract of sale and undertaking to pay the amount determined by valuation as mentioned in Condition II. hereof.”

and the Purchaser shall assume that the testator was at the
time of [the making of the said will and so continued to be
until (a)] his death, seised for an estate in fee simple of the
property offered for sale [or more generally—* the Purchaser
shall assume that under the said will the property became
vested in
(the devisee) for an unencumbered

ance as

under

estate in fee simple] (b). VI. The sale is made in exercise of a power of sale con- Conveytained in a mortgage of the property; the Vendor, therefore, mortgages will enter into no covenant other than such as is implied by power. law by his conveying and being expressed to convey as mortgagee in the deed of conveyance (c); nor shall the Purchaser require the concurrence of the mortgagor in the conveyance. VII-XI. Conditions as to Coverture, Identity, Quantity, Delivery of Abstract of Title, and Requisitions, ante, pp. 524526.

XII. On the shall pay to Messrs.

day of

next the Purchaser the Vendor's solicitors,

Complotion of purchase.

(a) The words in brackets should be omitted except where the will was made before and not republished on or after 1st January, 1838. Cf. ante, pp. 191, 194, 213-215, 220.

(b) As to modification of this condition, cf. ante, p. 524 note (b). As to seisin of a testator, nothing need be said if it appears from any of the earlier title deeds; further, it is no

longer necessary to guard against a
requisition as to the earlier title, even
though the will is not 40 years old (s.
3 (3), 44 & 45 Vict. c. 41); cf. 1 Dav.
Prec. 4th ed. 666, 667, notes (e), (f).

(c) This condition can be easily
varied to meet the case of a person
conveying as trustee or in other repre-
sentative character, cf. s. 7 (1) f., 44
& 45 Vict. c. 41, ante, p. 339.

Possession and Out

at their offices, No.

Street, the remainder of

the purchase-money, and also such sum as shall be fixed
by valuation made under Condition II. hereof (a), and there-
upon a due
conveyance of the property to the Purchaser shall
be executed by the Vendor, subject to the restrictions in the
conditions hereinbefore contained (b). Any assurance or other
act for perfecting the title to be at the Purchaser's expense, &c.
(as above, ante, p. 526).

XIII-XVI. Conditions as to Possession and Outgoings, goings, Time and Forfeiture of Deposit, as above, ante, p. 527. Con Essence of dition as to Payment of Interest, ante, p. 528 to be modified by

Time

Contract,

Forfeiture

of Deposit, extending it to interest on amount fixed by valuation; thus, Payment of

Interest. "If by reason, &c. the Purchaser shall be bound to pay to the

Rescission and Form

Vendor interest at the rate of £ per cent. per annum on the balance of the purchase-money, and on such sum as shall be fixed by valuation made under Condition II. hereof from the expiration," &c.

XVII. Condition as to Rescission, ante, p. 528. Memorandum of Memo- of Contract, ante, pp. 528, 529 to be modified by extending it to

randum of

Contract. payment of amount fixed by valuation; thus, "I

of

the

&c., and I hereby undertake to pay £ remainder of the said purchase-money, and such sum as shall be fixed by valuation made under Condition II. hereof, and to complete the said contract," &c.

(a) The production by the Vendor's solicitor of the deed of conveyance with a receipt for the purchase and valuation money, executed or signed by the Vendor, will be a sufficient

authority for payment to the solicitor (s. 56, 44 & 45 Vict. c. 41, ante, P. 409.

(b) Cf. Condition VL

III.—FREEHOLDS, COPYHOLDS, AND ENFRANCHISED COPY

HOLDS SOLD IN LOTS.

I. No bidding less than £ will be received for Lot 1, Biddings. and in respect of this Lot the Vendor reserves the right of bidding twice by himself or his agent. Lot 2 will be started at any bidding not less than £ ; each subsequent bidding must be at least £ in advance of the previous bidding, and this Lot is subject to a reserved price. Lot 3 will be sold without reserve if Lots 1 and 2 are disposed of; but will otherwise be withdrawn from sale. Subject to the conditions aforesaid, the highest bidder of each Lot shall become the Purchaser. No bidding shall be retracted, and if any dispute arise between the bidders, the Lot or Lots about which such dispute arises shall be again put up at the last bidding (a).

title.

II. The title to Lot 1 shall commence with a disentailing Root of deed dated the and expressed to be

executed by

day of

and the Purchaser shall assume

that the base fee thereby acquired was subsequently enlarged into a fee simple estate by the said

becoming

tenant in possession (b), but shall require no evidence of such
possession. The title to Lot 2 shall commence with the
admission of
as tenant on the court rolls of the
manor of
Since the year
no rents or

(c).

services have been rendered to or claimed by the lords and ladies of the said manor in respect of the hereditaments comprised in Lot 2, and it is believed that the said hereditaments were in that year converted into hereditaments of freehold (c) Cf. ante, p. 85.

(a) Cf. ante, p. 521 n. (b). (b) Cf. ante, p. 42.