perty liable

which cannot

If the property is subject to any incumbrances When prowhich cannot be discharged, the conditions should to charges provide for this defect in the title. All the facts be paid off. connected with such incumbrances should be accurately stated; and, if they are not likely to be enforced, it may be sufficient to require the purchaser to make no objection on their account, and, in other cases, it may be expedient to offer an indemnity to the purchaser, and to provide that he shall be satisfied therewith: but it is very important that the terms and nature of the indemnity should be explicitly stated.

copyholds.

In the case of copyhold property which has been Enfranchised enfranchised, the purchaser is generally entitled to call for the production of the title of the lord of the manor down to the period of the enfranchisement, unless he is precluded by express conditions from making such a requisition. And in the ab- Allotments. sence of express stipulation to the contrary, on the purchase of allotments under an award, the purchaser is entitled to call for the title to the lands in respect of which the award was made. As to Exchanges. exchanges, down to the 31st December 1844, the vendor is bound to shew the title to the lands given in exchange, and also to the lands taken in exchange; 7 & 8 Vict. c. 76. s. 6.; 8 & 9 Vict. c. 106. 8. 4. The award is generally sufficient evidence of itself that the provisions of the Inclosure Acts in making the award have been complied with; 6 & 7 Wm. 4. c. 115.; 3 & 4 Vict. c. 31.: but it may be prudent to stipulate that the validity of the award shall not be called in question.

Conditions subject to which trustees may sell.

When a sale is being made by trustees or other persons holding a fiduciary character, they must be careful to enter into no conditions which the state of the title does not require, and although the authority which is often given to them (and especially to mortgagees in the exercise of their power of sale) to insert in the contract or conditions of sale any special stipulations as to title or otherwise confers upon them a most important privilege, and affords a purchaser from them a valuable protection, yet such a provision would not enable a trustee or mortgagee to enter into any obviously unnecessary and improper conditions. The expense of obtaining copies of documents not in the vendor's possession, and the other evidence requisite to verify the abstract, may reasonably be thrown by a trustee for sale on the purchaser; and it seems that a trustee is authorized, without any special authority for the purpose, to stipulate by the conditions that all objections to the title shall be made within twentyone days after the delivery of the abstract, and that the vendor shall be at liberty to rescind the contract in case objections are taken to the title which the vendor is unable to remove. (Hobson v. Bell, 2 Beav. 17; Dart's Comp. 86). A decree was made for specific performance in a case where, on a sale by a trustee who had no express power to give receipts, he stipulated that his receipts should be deemed conclusive discharges, and that the purchaser should not require the concurrence of the heir or cestui que trust. (Wilkinson v. Hartley, 15 Beav. 183).

No. I.

CONDITIONS of SALE of FREEHOLDS.

OF FRFF-
HOLDS.

I. THAT the highest bidder shall be the purchaser, and if mighst any dispute should arise between two or more bidders the lot' in dispute shall be put up again.

II. THAT no person shall advance less than bidding, or retract his or her bidding.

bidder.

-7. at each Advance.

of purchase

III. THAT each purchaser shall pay into the hands of the Payment auctioneer, immediately after the sale, a deposit of 201. per money of his or her purchase money, and sign an agreement for payment of the remainder on the

cent., in part

day of

next, at the office of Messrs., the vendor's solicitors, from

which time the

respective purchasers are to have possession of
or to be entitled to the rents and profits

their respective lots,
thereof, and up to that time all outgoings will be cleared by
the vendor. If from any cause whatever either purchase shall Interest on

not be completed chasers shall

on the said

day of

purchase

next, the pur- money paypay interest after the rate of 51. per annum on chase de

the residue of the purchase money from that day until the" time of the completion of the purchase, but this stipulation is without prejudice to the right of resale under the last of these

conditions.

IV. THAT the vendor will, within

sale, at his

able if pur

layed.

days from the day of Delivery of expense, deliver an abstract of title to each pur- commence

chaser, or his or her solicitor; and the title to lot

shall

commence with the will of Mr. —, who died more than fifty years since, and the vendor shall not be required to produce any evidence of title prior thereto, or any evidence of the Beisin of the testator; and the title to lot

shall commence

abstract and

ment of title,

HOLDS.

OF FPFE with indentures of lease and release dated respectively the and —————— days of ——, and the purchaser shall not be entitled to call for the production of or to investigate or to make any objection on account of the earlier title, or any deed, document, matter or thing recited in or referred to in the said indenture of release.

Custody of

title deeds.

Expense of production

and of evi

dence.

V. THAT the purchaser of the largest part in value shall, after the sale of both the lots, be entitled to such of the muniments of title relating to both the said lots as are now in the vendor's possession, on such purchaser entering into the usual covenants with the other purchaser for the production thereof respectively. If either of the said lots shall remain unsold, the vendor shall retain the same muniments and enter into the usual covenants for their production with the purchaser of such one of the said lots as shall have been sold, such covenants nevertheless to be determinable on the vendor's parting with the said muniments and procuring the person to whom they shall be delivered to enter into the usual covenant for their production with the person then entitled to the benefit of the vendor's covenants; all covenants for production under this condition to be prepared by and at the expense of the person requiring the same.

VI. THAT the production and inspection of any deeds or of documents other documents not in the vendor's possession, and the procuring and making of all certificates, attested, office or other copies of, or extracts from, any deeds, wills or other documents, and of all declarations or other evidences whatsoever, not in the vendor's possession, which may be required, whether for the purpose of verifying the abstract or otherwise, shall be at the expense of the purchaser requiring the same. And all recitals or statements contained in any deeds, wills or other instruments of title, dated twenty years or upwards prior to the day of sale, shall be deemed conclusive evidence of the facts and matters therein recited or stated.

Time for delivery of objections.

Vendor's power to

rescind the contract.

VII. THAT all objections to the title are to be considered to be waived that are not stated in writing to the vendor's solicitors within twenty-one days from the time limited for the delivery of the abstracts; and if any objection or requisition shall be made which the vendor shall not be able to answer or

expense

of

remove, or which he shall not think fit to incur the
answering or removing, the vendor shall be at liberty, if he shall
think fit, notwithstanding any intermediate negociation on the
subject of such objections

remove or

or requisitions, or attempts to satisfy the same, by notice in writing to the purchaser by whom or on whose behalf such objection or requisition shall be made, to rescind the contract for sale; in which case the purchaser shall be entitled to receive back the deposit without interest, and the purchaser shall have no claim on the vendor for the expenses of investigating the title or other expenses, or for compensation.

OF FREE

HOLDS.

of lots in

VIII. THAT the description of the lots contained in these Description particulars and the plans thereto is believed to be correct; but particulars. the sale shall not be annulled or rendered voidable, nor shall any compensation be required, in case any inaccuracy or omission shall be discovered therein.

IX. THAT

upon

of convey

payment of the residue of the purchase Preparation money the purchasers shall be entitled to conveyances of their ances. respective lots, but such conveyances are to be prepared by and at the expense of the respective purchasers; and the conveyance, assignment or surrender of any outstanding estate, term or interest, of any description, shall be at the the purchasers requiring the same.

expense of

X. THAT if any error or misstatement shall be made in these Error in par

particulars,

the

ticulars and

same shall not annul the sale, but a propor- compensa

tionate allowance or compensation shall be made by the vendor" purchasers,

or

two indifferent

as the case may require, to be ascertained by
persons, one to be named by the vendor and

the other by the purchaser, and, in case of their disagreement,

by an

umpire to be chosen by such two persons; but if either

party shall neglect or refuse to appoint a referee within ten days after notice shall have been given to him by the other party so to do, then the referee appointed by such other party shall make a final decision alone.

tion.

resell in

chaser's de

XI. THAT if any purchaser shall fail to comply with these Vendor may conditions, his or her deposit money shall be forfeited to the case of purvendor, who shall be at liberty to proceed to another sale, fault. either by public auction or private contract, with or without notice to the purchaser at the present sale, and the deficiency,