Contract

for sale of freeholds

and copyholds, applicable to private

contract or auction.

Contract for sale of leaseholds.

Sale by auction (c).

Contract

trustees.

is contd, & the same sevl hds accdg to their psnt subdivons, quantities & abuttals, are delineated & descd in the map or plan hrunto annexed & in the table of referce to the sd map or plan contd in the schdle hto.

INTRODUCTORY, &c.

I. WHAS the sd A. has agrd with the sd B. for the sale to him for the sum of £ (a) of the hds hby grted, or, "hby assured," in fee simple in posson, & also of the copyhd or customary hds hinafter covtd to be surrendered & the inhance thof in posson accdg to the custom of the manor of -, free from incumbces [except as hinafter mentd].

II. WHAS the sd A. has agrd with the sd B. for the sale to him for the sum of £ of the premes comprd in the hinbfe recited (b) indre of lease, for all the residue now to come of the term thby grted as afsd, subjt to the rent reserved by & the covts & condons contd in the sd lease.

day of

III. WHAS by the diron of the sd A., the hds hby assured, togr with other hds, were on the put up for sale by public auction at, &c. [accdg to certn printed parlars of sale, of wch parlars lots & comprd the sd hds hby assured], & at such sale the sd B. was the highest bidder for & was decld the pchaser of the same for the sum of £—, or, "of lot for the sum of £, & of lot

for the sum of £.” IV. WHAS the sd A. & B.,

as trees of the sd indre of, &c. for sale by [the sd will of the sd X], & in exon of the sd power of [trust for] sale thrin contd, & with the consent (hby testified) of the sd C., have agrd, &c., as in form 1. or II.

Contract

for pur

Variation

for sale for

a rent

charge.

V. WHAS the sd A. & B., as trees of an indre, &c., being a settlemt of certain estes situate, &c., [the will dated, &c., &

(a) In case of a rent-charge say: "In conson of the perpetual rent-chge hinafter reserved & limd & of the covts & provons hinafter contd, & on the pt of the sd B., his hrs, exs, ads, & assns, to be pformed & observed."

(b) For several leases say, "sevl, or, 'respive,' hinbfe recited," &c., and make similar alterations throughout.

(c) This form is for use where it is necessary to refer to the auction. The forms for general use are Nos. 1. and II.

trustees

(d).

proved, &c., of X. deced], & in the exon of a trust or power chase by in the sd indre [will] contd for the investmt of moys arisg thrunder in the pchase of real or leasehd estes have, with the consent (hby testified) of the sd C., as tenant for life in posson under the sd settlemt [will], agrd with the sd D. for the pchase, &c.

for sale parties are

where both

VI. WHAS the sd A. & B., as trees of, &c., & in exon, &c. Contract & with the consent of, &c., as in form IV., have agrd to sell, & the sd C. & D., as trees, &c., as in the last form, have agrd to pchase, &c., as in form 1. or II.

trustees.

Contract for sale by

VII. WHAS the sd A. in exercise of the power conferred on him by the sd indre of mtge [& the statute in that behalf] has mortgagee agrd with the sd C. for the sale, &c.

under power,

pts, express or

statutory.

Contract

VIII. WHAS the sevl psons, pties hto of the first accdg to their sevl & respive shares, estes, intts & powers, have resply agrd with the sd F. for the sale to him, for the for sale by sum of £, of the entirety of the hds, &c.

tenants in common.

IX. WHAS the sd A., as such tenant for life as afsd, actg Contract under the powers of the Settled Land Acts, 1882 to 1890 (e), has agrd, &c.

&

for sale
under the

Settled
Land Act.
Contract
for sale

where both

parties act

x. WHAS the sd A., by virtue of the powers conferred on him by statute or "by the sd Act," or, "the sd Act & the Acts incorpd thwith," or, "the Act passed in the Session of Parliamt held in the yrs of the reign of her under Majesty, intituled, &c.," or, "the Act Viet. c. -," or, "the Act, 18-," has agrd to sell & the sd B. & C., by virtue of the powers vested in them by, &c., have agrd to pchase, &c.

XI. WHAS by a contract, dated, &c., & made, &c., the sd A. agrd with the sd B., subjt to the sanction of the High Ct of Justice being obtained, for the sale to him, &c.: AND WHAS

statutory authority.

Contract subject to approval of

for sale,

settlement

(d) If the settlement has been previously recited (which is not usually Variation necessary), recite, “WHAS the sd A. & B. as the psent trees of where the sd indre of settlemt [will] & in psuance of the afsd power recited. [trust] in that behalf, & at the reqt (hby testified) of the sd C., have agrd, &c."

(e) If the sale includes the principal mansion-house or land occupied with it, and is made with the consent of the trustees, add here, "with the consent (hby testified) of the sd, trees"; see the Act of 1890, s. 10.

Court, and order (a).

Order authorising sale of mansionhouse, &c., under Set

tled Land Acts (b). Contract for sale, and subcontract.

Part of purchase

money to

remain on

mortgage.

Agreement

for pay

ment of purchasemoney by instalments.

Valuation

of timber

(c).

Agreement for apportionment

by an order of the Chy Divon of the High Ct of Justice, made
on the
in an action in wch

day of

was plt, & & others defts [in the mre of, &c.], the sd condonal contract was confirmed & ordered to be carried into effect, or, "the sd A. & his succors in title, was & were authorised to carry the same into effect."

XII. WHAS by an order of the Chy Divon, made on, &c., the sd A. was authorised to sell, &c.

XIII. WHAS the sd A. lately contracted with the sd B. for the sale to him, for the sum of £--, of the hds hby assured, but no convce thof has yet been exted to the sd B.: AND WHAS the sd B. has agrd with the sd C. to transfer to him the benefit of the sd contract upon the terms of the sd C. paying to him, the sd B., the sum of £—, makg with the sd sum of £- agrd to be pd by the sd B. for the pchase of the premes as afsd, the sum of £

XIV. WHAS upon the treaty for the sd pchase it was agrd that the sum of £, pt of the sd pchase-moy, shd be secd to the sd A., with intt for the same at the rate of, &c., by a mtge of the sd pchased premes.

each on the

XV. WHAS it has been agrd that the sd pchase-moy of £shl be payable as follows, that is to say, upon the exon of these psnts, & the residue thof by four annl instalmts of £day of -, &c., with int on the ppal sum for the time being unpd at the rate of p.c. p.a., to commce from the date of these psnts, & to be payable annlly with the instalmts of ppal.

XVI. WHAS by the sd parlars of sale it was stipulated that all timber & other trees of the value of £- shd be taken by the pchaser at a valuon to be made as thrin timber & trees on the premes comprd in lot been valued at £.

mentd, & the

have accdly

XVII. WHAS upon the treaty for the sd pchase, it was agrd that the yrly sum of £ shd be the apportioned pt of the

(a) This may be used for a sale in an action, or of a mansion-house, or land occupied with it, under the S. L. Acts, unless an order giving general authority to sell is obtained before the contract is entered into, as in the next form.

(b) See the rules under the Act of 1882, Form vi.

(c) The price of the timber would usually be added to the purchase-money without the need for this recital.

sd yrly rent of £— payable in respt of the hds hby assured, of rent but that the consent of the tenant to such apportionment shd payable by not be required.

tenant.

remains owing to the sd State of

debt.

XVIII. WHAS the sd sum of £A. on the secy of the sd indre of, &c. [indres of mtge & further mortgage chge], but all intt thron has been paid up to the date of these psnts, or, "WHAs there is now owing to the sd A. on the secy of, &c., the ppal sum of £- with the sum of £ intt thron, makg togr £

XIX. WHAS it has been agrd that the sd sum of £

for

mtge Agreement

as to concurrence of

cases.

debt & intt, shl be pd to the sd B., mtgee, out of the sd pchasemoy, & that he shl join in these psnts in mner hinafter mortgagee. appearg [or, "that the sd pchase-moy shl be pd to the sd B. Various in pt dischge of the sd mtge debt so due to him as afsd"; or, "that the sum of £, pt of the sd pchase-moy, shl be pd to the sd B. in pt dischge, &c."; or, "the sd B. havg other sufft secy for the ppal moys & intt owing to him on the secy of the sd indre of mtge [indres of mtge & further chge] of, &c., it has been agrd that the whole of the sd pchase-moy shl be pd to the sd A., mtgor, & that the sd B. shl join, &c.”].

of stock

XX. WHAS the sum of £, pt of the sd pchase-moy of Payment in £, being the sum required at the current market rate to pchase the sum of £23 p.c. Consold Stk, has been pd mortgage (d). by the sd, pchaser, to the sd, mtgees, & has been invested by them in the pchase of that sum in their names in satisfon of their sd mtge debt.

XXI. WHAS the sd B. has agrd to join in these psnts for the Agreement pposes & in mner hinafter appearg.

of party to

concur.

XXII. WHAS the sd A. is desirous that the sd pchased premes As to form shl be conveyed to the uses & in mner hinafter expd.

of conveyance.

XXIII. WHAS it has been agrd that [the sd pchased premes The same. shl be assured & limd in the mner, & subjt to the rts & restrons hinafter set forth, & that] these psnts shl contain the sevl covts & stipulons hinafter expd.

for life for

XXIV. WHAS the sd, life tenant, being desirous that the sd Purchase hds so agrd to be pchased by him as afsd shl be added to & by tenant held with the hds comprd in the hinbfe recited indre of benefit of settlemt, has agrd to pay the sum of £— out of his own estate.

(d) See National Debt (Conversion) Act, 1888, s. 21; ante, p. 71, note.

trust

Apportionment of purchase

money between copyholds and other property

for stamp duty (a).

Introductory to acknowledgment

pper moys to make up the pchase-moy for the same witht reservg or havg any claim or demand for reimbursemt of such sum or any pt thof or any equity in his favour by reason of such paymt, & is desirous that the sd hds shl be conveyed to the uses & in mner hinafter appearg.

XXV. WHAS for the ppose of the Act of Parliamt imposg ad valorem stamp duties upon convces on sale, it has been agrd that the sum of £, pt of the sd pchase-moy, shl be the conson for the sd freehd [& leasehd] hds, & that the sum of £, the residue thof, shl be the conson for the sd copyhd or customary hds, [and that as betn the sd copyhd or customary hds, £shd be the conson for the hds held of the shd be the conson for the hds held

Manor of
of the Manor of

and £
-].

XXVI. WHAS the sevl [deeds &] documts specified in the schdle hto, wch are in the posson of the sd A., relate as well to the hds hby assured [or, assured by the hinbfe recited for produc- indre] as to other hds of the sd A., & it has been agrd that the sd A. shl retain the sd deeds & documts, & give such acknmt [& undertakg] in relon thto as is hinafter contd.

tion of

deeds (b).

The same,

sets of

deeds.

XXVII. WHAS the sevl [deeds &] documts specified in the for several sevl schdles hto relate as well to the hds hby assured [or, assured by the hinbfe recited indre] as to other hds, & it has been agrd that the deeds & documts specified in the first schdle hto shl be retained by the sd A., that the deeds & documts specified in the second schdle hto shl be retained by the sd B. & C., & that the deeds & documts specified in the third schdle hto shl be retained by the sd D., & that such respive pties shl give such acknmts [& (as regards the sd A. & D.) such undertakgs] in relon thto as are hinafter contd.

(a) See the Stamp Act, 1891, ss. 58, 61.

(b) See the C. A. 1881, s. 9. This recital is now usually omitted.