No. VII. MISCELLANEOUS CONDITIONS as to TITLE, EVI- MISCELLA- NEOUS. ment of I. THAT the vendors shall not be required to produce or commenceshow the title to any lands taken in exchange by deed, or under title, &c. any act of parliament or award anterior to the deed, act of parliament, or award, by or under which such exchanges or awards were made, or to call for the production or to make any objection in respect of the title to the property given in exchange, and no evidence of the requisite consents to any such exchanges shall be called for or required; and as to allotments under any inclosure award, it is stipulated that the title thereto shall commence with the award, and that the purchaser shall not be entitled to call for the production or to make any objection on account of the title to the property in respect of which such allotments may have been made, and that such award shall be considered as conclusive evidence of the title to and tenure of such allotments, and the validity and regularity of such award shall in all respects be presumed. II. THAT the title to lot shall commence with indentures of lease and release, dated respectively the and ——— days of, whereby the property comprised in that lot was conveyed to the father of the vendor, and that the vendor shall not be required to show any title to lot or any evidence or explanation thereof, other than a statutory declaration from an old inhabitant in the parish in which the property is situate to the effect that the father of the vendor, who died intestate more than thirty years since, was in possession of the lastmentioned lot at the time of his decease, and also a counterpart of the lease under which the present tenant has held the said lot for more than twenty years of the present vendor. to produce III. That the vendor shall not be required to produce or give Vendor not any abstract or evidence of the nature or contents of any deed, recited deeds. NEOUS. MISCELLA- Will or instrument, not in his possession, which may be recited or noticed in any of the abstracted deeds, dated forty years ago or upwards, other than shall appear therein. Lost indentures. Mesne as signments of lease. Covenants for production. Expense of journeys. Apportion ment of rent. Evidence as to satisfaction of legacy. Evidence as to payment of charges. IV. THAT inasmuch as certain indentures of lease and release, dated respectively the and days of, whereby lot was conveyed to the vendor, are lost, and can nowhere be found after a diligent search for the same, the purchaser shall be satisfied with the plain copies of those indentures which the vendor has in his possession. V. THAT the purchaser shall not be entitled to call for the production of any assignment or document of title, which may be subsequent to the original lease, and prior to the assignment to the vendor. VI. THAT the vendor shall not be required to produce or deliver over to the purchaser any document of title not in the vendor's possession, but the purchaser shall be satisfied with a covenant for their production which was entered into with the vendor on the last sale, and shall not be entitled to require any other covenant to be entered into or procured for their production. VII. That the purchaser shall bear the expense of any journeys which may be taken for examining the abstract with the title deeds, and all expenses incident to the production of such deeds, whether they are or are not in the vendor's possession. —7., VIII. THAT lots 1 and 2 being subject to a beneficial lease at the entire rent of 7., the rent shall be apportioned between the respective purchasers of those lots in equal shares, and they shall enter into mutual covenants at their own expense to the effect that each shall be entitled to a moiety of the said rent; but the tenant shall not be required to assent to or concur in such apportionment. IX. THAT the vendor shall not be required to produce the receipt for, or other evidence of, the satisfaction of any pecuniary legacy bequeathed by the will of, who died more than twenty years since, and the payment of which respectively is not thereby postponed, and that at this distance of time it shall be assumed that every such legacy has been satisfied. X. That the purchaser shall not require evidence of the pay ment of any legacy or sum of money charged on the estate by will or marriage settlement, and which became payable more than twenty years ago. MISCELLA NEOUS. deeds. XI. THAT as those parts of lots 3, 4 and 5, which are held Custody of under —, are held under the same lease, and are together subject to a ground rent of 17. per annum, the purchaser of lot 5 shall be liable to pay the whole of such ground rent as between the purchasers of the same three lots, and shall enter into covenants with the purchasers of lots 3 and 4 respectively to pay the same, and to indemnify them against all claims and demands in respect thereof; and the said purchaser of lot 5 shall be entitled to the possession of the original lease of the said three lots from the said as soon as all of the said lots have been sold, and the sale thereof respectively is completed, and shall covenant with the purchasers of the said other two lots for the production of the same to them in the usual way. But until the whole of the said three lots shall be sold, and the sale thereof finally completed, whether at the present or any future sale, the vendors shall be entitled to retain the said lease, and they will in that case, upon the request of the purchaser of any of the same lots, enter into the usual qualified Covenant with such purchaser to produce the same lease so long as it shall remain in their possession. The expense of all deeds of covenant hereinbefore referred to shall be borne and paid by the parties requiring the same. out, or holds and which are XII. THAT the vendors shall not be required to identify, set As to freedistinguish the copyhold parts of any lot from the copy holds freehold parts thereof, nor the copyhold parts holden under intermixed. (he manor from those holden under any other manor or manors (a); and in case any lot is held under more than one title, the vendors shall not be required to distinguish or point out the part or parts thereof held under each title. XIII. THAT in all cases where an entire sum for land tax, Apportion ment of land rent charge in lieu of tithes, or other outgoings, is payable in tax and rent respect of the lands comprised in two or more lots, the same charge. (a) See Crosse V. Lawrance, 21 L. J., N. S. Ch. 890. NEOUS. MISCELLA- shall be apportioned amongst such several lots at the sums mentioned in the particulars of each lot respectively; and such apportionment shall be accepted and deemed valid by and binding upon the respective purchasers; and any act, deed, matter or thing that may be requisite to be made, done or executed, under any act of parliament or otherwise, for giving effect to or otherwise for the purpose of such apportionment, shall be made, done or executed by and at the sole cost and charges of the purchaser requiring the same; but the completion of any purchase shall not be delayed on account of any such requisition. 33 AGREEMENTS. of land to be By the Statute of Frauds it is enacted, that all Leases, &c. leases, estates, interests of freehold or terms of in writing. years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements or hereditaments, made and created by livery and seisin only, or by parol and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized in writing, shall have the full force and effect of leases or estates only at will. The 2nd section makes an exception as to all leases not exceeding the term of three years, whereupon the reserved rent shall amount to two third parts at least of the full imaction shall be brought whereby to charge any party to be The 4th section provides that no Agreement person upon any contract or sale of lands, tene- his agent. ments or hereditaments, or interest in or concerning them, unless the proved value. agreement upon which such action shall be brought, shall be in writing, and signed by the party to be charged therewith, or some memorandum thereof, or some other person thereunto by him lawfully authorized. must be signed by the charged or Whatever property would go as emblements to what prothe executor of the vendor is not within the 4th within the D perty is 4th section of |