Custody and pro duction of title deeds. tenure by voluntary enfranchisement (a). As, however, the Vendor has no positive evidence of the enfranchisement, the Purchaser shall be bound to assume that the said hereditaments were so converted into hereditaments of freehold tenure and shall be absolutely precluded from showthe then lord of the manor in the year was incapable of granting such enfranchisement (b). The title to Lot 3 shall commence with a surrender made on the by day of by way of mortgage, and the Purchaser shall be bound to accept as a sufficient conveyance thereof a deed executed by the Vendor alone, under the power of sale conferred by such surrender, by way of appointment to the use of the Purchaser (c); and the Vendor shall not be bound to enter into any covenant with the Purchaser other than such as is by law implied by the Vendor in such deed conveying and being expressed to convey as mortgagee (d). III. The Purchaser of Lot 1 shall be entitled to the custody of such of the title deeds as relate in common to Lots 1 and 2, and shall give to the Purchaser of Lot 2 an acknowledgment (a) CL ante, p. 114. (b) S. 3 (2), 44 & 45 Vict. c. 41, ante entitled to a rescission of the contract. that the lord was incapable of granting (d) Cf. ante, p. 531, n. (c). in writing of the right of such Purchaser to production of such title deeds, and to delivery of copies thereof, and shall also give to such Purchaser an undertaking in writing for safe custody of the said title deeds. In case either of the Lots 1 or 2 be not sold, the Vendor shall be entitled to retain the said title deeds, and shall give to the Purchaser (if any) of the other Lot an acknowledgment and undertaking in writing as lastly hereinbefore specified (a). of Pur IV. In case Lots 1 and 2 are sold to different Purchasers, Restriction the Purchaser of Lot 2 shall not be entitled to a separate chaser's right to abstract of so much of the title to Lot 2 as is common to abstract of title. Lot 1, except at his own expense (b). The Purchaser of Lot 2, or his Solicitor, may, however, inspect the abstract of the common title on any one day after the sale up to the day a. m. next inclusive, between the hours of Street, and shall also of No. be entitled to a list in chronological order of the documents mentioned in the common abstract of title (c). (a) This condition depends for its effect on s. 9, 44 & 45 Vict. c. 41, ante, PP. 343-347. The acknowledgment and undertaking should be in the form prescribed ante, p. 438; cf. ante, p. 273. It would appear doubtful if any advantage could ever in future be gained by inserting the hitherto usual condition as to covenants for production, &c.; for, by the above provision, the liability to give such covenants would be satisfied by giving an acknowledgment and undertaking in writing as above; and it is perhaps as convenient to modify (where neces- (b) S. 3 (7), 44 & 45 Vict. c. 41, (c) We do not mean that this or the following condition should always be inserted in practice; they are only by way of example. covenants. Restrictive V. The Purchasers of the several Lots shall be bound to enter into mutual covenants with each other and with the Vendor that no public house, beer house, wine shop, or other place for the sale of spirituous, or malt, or fermented liquors, shall at any time be built or opened upon the Lot or Lots purchased by them, and that no business for the sale of such articles shall at any time be carried on on their respective premises (a). Other conditions. The remaining conditions may be framed from Precedents I., II., which can be varied according to the title, &c., agreed upon for each Lot. Subject of title. Biddings and Deposit. Root of title. IV. LEASEHOLDS IN A SINGLE LOT. I. The property will be sold in a single lot-the tenant's fixtures to be paid for by the Purchaser at a valuation to be made, &c., ante, p. 530. [To avoid disputes as to what are tenant's fixtures, it may be desirable to vary the condition thusthe articles set forth in the schedule hereto shall be deemed to be tenant's fixtures, and shall be taken over and paid for by the Purchaser at a valuation to be made, &c. (b)]. II., III. Conditions as to Biddings and Deposit. ante, pp. 523, 524. IV. S. 3 (1), (4), (5), 44 & 45 Vict. c, 41 (c), and s. 2, 37 & 38 Fict. c. 78 (d), dispense with the necessity of inserting con ditions as to the commencement of title, and as to proof of (a) Cf. Haywood V. Brunswick Building Society, L. R. 8 Q. B. D. 403, ante, p. 355. (b) As statute, cf. 14 & 15 Vict. c. 25, and 38 & 39 Vict. c. 92. (c) Ante, pp. 324, 325. to fixtures removable by (d) Ante, pp. 327, 447. payment of rent and performance of covenants. Under these provisions the title commences with the lease or underlease under which the subject of sale is held, and production of the receipt for the last payment due for rent under the lease or underlease before the date of actual completion of the purchase, is sufficient proof, in the absence of evidence to the contrary, that all rent has been paid and all covenants and provisions have been performed and observed. In case the Vendor has reason to apprehend a flaw in the title to grant the lease, or otherwise, or in case the receipt for the last payment of rent has been lost or mislaid, a special condition to meet such defect should be inserted, thus : The Purchaser shall be bound to admit that (the reversioner) was seised in fee simple or for life, with power of leasing for 99 years, of the premises when the lease. under which the same are now held was granted. The receipt for the last payment of rent has been accidentally mislaid; the receipt for the last payment but one of rent will, however, be produced, and its production shall have the same effect as production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase. V. The Purchaser shall admit the identity of the property Identity. comprised in the lease (or underlease) with that described in the particulars upon the evidence furnished by comparison of the descriptions in the particulars and the lease (or underlease) and of a declaration, &c., ante, p. 525. VI. The property is believed to be and shall be taken as Quantity. correctly described, and is sold subject to the rent covenants and stipulations reserved and contained in the lease, (a copy Abstract of title. Completion of purchase. Other conditions. Covenant for whereof will be provided at the sale, and may be seen at the offices of Messrs. No. Street, at any time between a.m. and p.m., on any day prior to the sale), under which the Vendor holds, and to all leases, tenancies, occupations, &c., ante, p. 525. VII. Within days next (or immediately) after the sale the Vendor will at his own expense deliver to the Purchaser or his Solicitor an abstract [or copy] of the lease (or underlease) under which he holds the property, and will produce at the offices of the Vendor's Solicitors, Messrs. No. Street, the receipt for the last payment due for rent under the lease (or underlease). VIII. Condition as to completion of purchase, ante, pp. 526, 531, 532, to be modified by substituting for the words "execute a proper conveyance of the property," the words, "assign the property to the Purchaser for the residue of the term granted by the lease under which the Vendor holds, subject to the payment of rent, and to the performance of the covenants and stipulations therein contained." [If the lease contain a cove nant against assignment without license of the lessor, the words "with the license in writing signed by the lessor to be obtained at the expense of the Purchaser"-should precede the words "assign the property," &c.] IX.-XIV. Condition as to Requisitions, Possession, Time, Forfeiture of Deposit, Payment of Interest, Rescission, as above, ante, pp. 526-528. XV. The Purchaser shall be required to enter into a coveindemnity. nant with the Vendor for due payment of the rent and for due performance and observance of the covenants and |