stipulations contained in the lease (or underlease), and for indemnifying the Vendor against any future obligation thereunder; and, if so required, to deliver to the Vendor, at the Vendor's expense, a duly executed counterpart of such covenant (a).

V.-LEASEHOLDS IN LOTS.

Conditions for the sale of leaseholds in lots may be framed from Precedents III., IV., subject, however, to the following

under one

of lease to

of largest

I. All the Lots are held under one lease, at a single rent Lots held of £ an apportionment of which shall be made as in the lease. particular mentioned. The Purchaser of the largest Lot in Assignment value shall be bound to take an assignment of the lease under Purchaser which the several Lots are held, and to grant underleases Lot. to the purchasers of the other Lots, for the residue, less one day, of the term granted by the said lease. Such underleases shall contain covenants and provisions to be performed and observed by the underlessees, in respect of the several Lots comprised in such underleases, similar to those contained in the said lease and to be performed by the original lessee, and a covenant by the Purchaser of the largest lot that he will pay the rent reserved and perform and observe all the covenants and conditions contained in the said lease, and to be paid, performed, and observed by the original lessee, and will indemnify the purchasers of the other lots against any claim or demand thereunder. In case any of the lots remain unsold,

(a) This covenant need only be re- lessee, cf. ante, p. 131. quired by a Vendor who is the original

Another form. Lease not assigned.

Production and safe

the Vendor shall stand in the position of the Purchaser of the largest lot in value for the purposes of this condition. A counterpart of his lease shall be executed by each underlessee, and the expense of all instruments required by this condition shall be borne by the respective purchasers (a).

II. The rent shall be apportioned amongst the several Lots in equal sums of £ for each Lot [or in £ for Lot 1,

£ for Lot 2, £

for Lot 3, &c.] Each purchaser shall enter into covenants with the other

at his own expense
purchasers and with the Vendor to pay the amount of rent
as apportioned in the particular, and to perform and observe
all the covenants and stipulations contained in the lease
under which the Lots are held, in respect of the particular Lot
or Lots purchased by him, and shall give to the other pur
chasers and to the Vendor a power of entry and distress on
the Lot or Lots so purchased by him, as an indemnity against
any default in such payment, performance, or observance (b).
III. Condition as to production and undertaking for safe

custody of custody of title deeds, ante, p. 534.

title deeds.

Subject of sale.

It is hereby agreed between A and B as follows:

I. A shall sell and B shall purchase the fee simple estate in possession free from incumbrances of and in all that

&c. [describe parcels] for the price of £

£

of which

shall be immediately paid to A on the exe

cution of these presents (a).

next A shall Abstract and root of title.

at his own expense deliver or transmit by post to
at his offices, No.

B's Solicitor, Mr.

Street, an abstract of title to the said premises, commencing with a deed dated the

day

other necessary parties (if any) will execute a proper
conveyance of the said premises to B for an estate
in fee simple in possession free from incumbrances---
such conveyance to be prepared by and at the expense
of B, and to be left at the said offices of Messrs.

entitled to the rents and profits thereof, and shall outgoings. discharge all outgoings thereon, up to the said

(a) For the succeeding stipulations, conditions similar to those in Precedent I. may be substituted.

(b) Cf. s. 9 (3), 44 & 45 Vict. c. 41

ante, p. 324.

(c) The day upon which the purchase is to be completed.

Payment of interest.

Misdescrip tion to be subject of

compensation.

day of
next, and on and after that day
B shall be entitled to possession and to the rents and
profits of the said premises, and shall be liable to
discharge all outgoings thereon; and an apportionment
of the rents, profits, and outgoings shall, if necessary,
be made for the purposes of this provision.

V. If, from any cause whatever, the purchase shall not be
completed on the said

day of

next (a), B shall pay to A interest at the rate of £

per cent. per annum on the unpaid balance of the said price.

VI. No [unintentional] error, mistake, or mis-statement in the description of the said premises shall vitiate the sale or this agreement, but the same shall, if discovered before completion of the purchase, but not afterwards, be the subject of compensation to be settled by mutual arrangement of A and B, and in default of such arrangement by the determination in writing of Mr. whose decision shall be final and binding

on both parties hereto.

In witness, &c.

Subject of sale.

VII. AGREEMENT FOR SALE OF COPYHOLDS.

THIS AGREEMENT, &c. [as in Precedent VI.]

I. A shall sell and B shall purchase the fee simple estate in possession according to the custom of the Manor

of

in the County of

(a) The day upon which the purchase is to be completed.

free

from incumbrances of and in All that, &c. [as in

Precedent VI.]

II. Provision as to abstract and root of title as in Precedent Abstract

VI. substituting "surrender [cr admission] of

on the

day of

which surrender

[or admission]" for "deed dated the," &c. III. On the

day of

and root of title.

B shall pay, &c. Completion

[as in Precedent VI. to "shall execute"] and A, &c., shall surrender the said premises according to the custom of the said Manor to the use of B in fee simple to be holden at the will of the lord according to the custom of the said Manor, subject to the rents, services, and other incidents of tenure therefor due and of right accustomed in respect thereof, but otherwise free from all incumbrances,-and shall execute a deed containing all the usual covenants for title (a). Remaining stipulations as in Precedent VI.

of

purchase.

Other stipula. tious.

VIII-AGREEMENT FOR SALE BY TENANT FOR LIFE AND

18

REMAINDERMAN-IN-TAIL OF A SETTLED ESTATE.

THIS AGREEMENT made the day of

Parties.

BETWEEN A, of, &c. (tenant for life), of the 1st part, B, of, &c. (remainderman-in-tail) of the 2nd part, and C of. &c. (purchaser), of the 3rd part. WHEREAS A is now seised of an Recital of estate for life in possession and B is seised of an estate tail in

remainder immediately expectant on hereditaments hereinafter mentioned.

(a) Cf. ante, p. 108.

A's said estate in the

AND WHEREAS B's said

title;