of right to

sue for

expd, then and in such case if the sd A., his exs or ads, shall forthwith pay to the sd B., his exs, ads, or assigns, the sum of £, as liquidated and ascertained damages for such default, and not as a penalty, without any deduction :] Reservation BUT so that nothing herein contd shall prejudice or affect the right of the sd B., his exs, ads, or assigns, to restrain by injunction injunction any breach on the pt of the sd A. of the agreemt hinbefore recited, and to recover damages against him or his exs or ads for any antecedent breach thof, in lieu of taking proceedings against him or them under the abovewritten bond, Then, &c. (c).

or damages.

Recital.

XV.

BOND to RESIGN a LIVING (a).

Bond from A. to B., see p. 200.

WHAS the above-named B., as the patron of the vicarage or living of in the county of, which is now vacant, has agrd and intends forthwith to present the above bounden A. thto, upon the condon or understanding that the sd A. shall, at the request of the sd B., or the patron or patrons for the time being of the sd living, resign and relinquish the same to the intent that the sd B. or such patron or patrons may present thto C. or D. (two of the sons of the sd B.), if and when either of such sons shall be of a sufficient age and qualified to hold the same, and that the sd A. shall enter into the above-written bond for the due performance of the sd engagemt, with such condon for making void the same as Condition. is hinafter expd. NOW THE CONDON, &c., that if the

(c) A deed of covenant might, in this case, be more convenient. (a) See 9 Geo. 4, c. 94. The bond must be executed before the obligor is presented (s. 1), and one part must be deposited in the diocesan registry within two months of its date (s. 4).

sd A. shall be duly presented, instituted, and inducted to the sd vicarage or living of and either of them, the sd C. and D., shall, during the life of the sd A., attain a sufficient age and become qualified to hold the sd vicarage or living, and the sd A. shall, within one calendar month after request in writing in that behalf made to him or left at his usual or last known place of abode, by and at the cost and charges of the sd B., or the patron or patrons for the time being of the sd vicarage or living, absolutely resign, relinquish and yield up the sd vicarage or living with all the rights and appurtenances thof, and all the este and interest of the sd A. in the same, and procure such resignation to be duly accepted so that the sd vicarage or living may within such month become vacant, to the intent that the sd B., or such patron or patrons as afsd, may present thto such one of them, the sd C. and D., as the sd B., or such patron or patrons as afsd, shall think fit, or in case the sd A. shall not be duly presented, instituted, and inducted to the sd vicarage or living as afsd, or in case neither of them, the sd C. and D., shall during the life of the sd A. attain a sufficient age and become qualified to hold the same, or in case no such request as afsd shall be made to the sd A. by the sd B., or such patron or patrons as afsd, Then and in any of the sd cases, &c.

XVI.

POST-OBIT BOND with VARIATION where a SURETY

joins.

Bond from A. to C., or joint and several bond from A.,

principal, and B., surety, to C., see pp. 200—1.

WHAS the above bounden A. is in expectation of succeed- Recitals.

ing to a considerable sum of money or other ppty upon the Expecta

Ages.

form of

decease of D., of, &c.: AND WHAS the sd A. is now of the age of years or thereabouts, and the sd D. is of the age Agreement. of · - years or thereabouts and in good health: AND WHAS the sd A. having occasion for the sum of £ to supply his immediate wants, has applied to the above-named C. to lend him the same, which the sd C. has agrd to do upon the sd A. [and the sd B. as his surety] entering into the abovewritten obligation, with such condon for making void the same as is hinafter contd, for securing the repaymt to the sd C. of the sum of £- in case the sd A. shall survive the Alternative sd D., but not otherwise: [or, AND WHAS the above-named agreement. C. has contracted with the above-named A. for the pchase of the sum of £- to be paid to the sd C. in case the sd A. shall survive the sd D., but not otherwise, for the price or sum of £: AND WHAS upon the treaty for the pchase of the sd contingent sum of £, it was also agrd that the paymt thof in the event afsd should be secured by the above-written obligation of the sd A. [and the sd B. as his surety], with such condon for making void the same as is Payment of hinafter contd]: AND WHAS in psuance of the sd agreemt the sd C. has paid the sd sum of £- to the sd A., as he, the sd A., doth hby acknowledge. NOW THE CONDON, Condition. &c., that if the sd A. shall survive the sd D., and the sd A., his hrs, exs, or ads, [the sd A. and B. or either of them or the hrs, exs, or ads of them or either of them] shall, within calendar months after the decease of the sd D., pay or cause to be paid to the sd C., his exs, ads, or assigns, the sum of £, without any deduction whatsoever, or if the sd A. shall die in the lifetime of the sd D., Then, &c.

money.

CONDITIONS OF SALE. (a)

I.

GENERAL CONDITIONS on SALE by AUCTION of
FREEHOLDS or COPYHOLDS or both. VARIATIONS

for a Sale in LOTS, and adapted to different

circumstances.

1. THE highest bidder [for each lot] shall be the pchaser, Biddings. and if any dispute arise as to any bidding, the ppty [lot]

(a) In the preparation of conditions and contracts of sale the draftsman Statutory must bear in mind the important provisions of the Vendor and Purchaser provisions. Act, 1874, and the Conv. Act, 1881, of which the following is a summary, and which will apply unless excluded by the terms of the contract.

1. As to length of title, and abstract. By the V. & P. Act, 1874, s. 1, 1. As to 40 is substituted for 60 years as the commencement of title under a contract title. for sale of "land" (which in this Act not being specially defined has its ordinary legal meaning, so as not to include incorporeal hereditaments), except in those cases in which an earlier title than 60 years might have been required under the previous law (as to which, see Dart V. & P. 293, 294).

By s. 3 (3) of the Conv. Act, 1881, the purchaser is precluded from going Title prior into the title prior to the time stipulated or prescribed by law for the to comcommencement, even though a power exercised by an abstracted instrument mencement, was created previously to such commencement. This provision, although in other respects full and effectual, falls short of the usual condition in the case of a title commencing with a will in not providing that the ownership of the testator shall be assumed (as to which, see Dart 296); and it is not clear that it bars an objection to the earlier title which the purchaser may discover aliunde. This clause applies to sales of any "property," which (by sec. 2) includes all descriptions of property, real and personal.

By s. 3 (2) of the same Act, on a sale of enfranchised copyhold or Enfrancustomary land, the lord's title cannot be called for; but this does not bar chised any patent objection to such title; and it does not of course apply to a copyholds.

contract for enfranchisement.

Abstract of title common to several lots.

2. Leaseholds. Title to reversion.

As to subsub-lease.

As to incorporeal heredita

ments. Leases for

lives.

Long

shall be put up again. There will be a reserve price [for each lot], and the vendors or their agents shall be at liberty

By s. 3 (7) of the same Act, on a sale in lots a purchaser of two or more lots held wholly or partially under a common title cannot require more than one abstract of such title, except at his own expense. This renders the usual condition on this point unnecessary.

2. As to leaseholds. By the V. & P. Act, 1874, s. 2 (1), a purchaser of leasehold land, whether held by lease or underlease, is precluded from calling for the title to the freehold. By the Conv. Act, 1881, s. 3 (1), the purchaser of an underlease of "land" (which in this Act includes incorporeal hereditaments, see s. 2) is precluded from calling for the title to the leasehold reversion; and by s. 3 (4, 5) a purchaser of leasehold “land” is to assume, unless the contrary appears, that the lease, and (in the case of an underlease) that every superior lease was duly granted. These enactments would not preclude the purchaser from objecting on account of any defect in the lessor's title which may be apparent (unless the case should come within s. 3 (3) of the Conv. Act, 1881, see above), or may be discovered aliunde.

In the case of a sub-sub-lease, the provisions requiring the purchaser to assume the validity of the original and every derivative lease may be sufficiently protective, although the clause, s. 3 (1), precluding the purchaser from calling for the title to the leasehold reversion would seem to apply only to the immediate (and not to the superior) reversion.

The clause in the Act of 1874 precluding the purchaser from calling for the title to the freehold does not apply to incorporeal hereditaments (such as tithes), but the enactment in that of 1881 binding the purchaser to assume the validity of the lease does so apply, and would in general be sufficient.

The above provisions as to leaseholds, both in the Act of 1874 and that of 1881, only apply to terms of years and not to a lease for lives, as to which therefore the necessary conditions as to title must be inserted.

The enactment in the Act of 1874 limiting the length of title to 40 years leaseholds. would apply to long leaseholds, but the creation of the term would also have to be shown (see Dart V. & P. 294).

3. Recitals made evidence.

4. Want of covenant for

production.

3. As to recitals being evidence. By the V. & P. Act, 1874, s. 2 (2), recitals, statements and descriptions of facts, matters and parties in instruments 20 years old are, unless proved to be inaccurate, to be taken as sufficient evidence; which in Bolton v. London School Board, 7 Ch. D. 766, was held to apply to a recital of a vendor's seisin, so as to deprive the purchaser of the right to call for a 40 years' title. This clause is less full than the usual condition, which extends to matters assumed and implied, as well as to actual statements, and also (when necessary) makes recitals of documents evidence of their contents and due execution, &c.; and the clause only applies to sales of land.

4. As to muniments not in the vendor's possession. The same Act, s. 2 (3), debars the purchaser from objecting on account of the want of a legal covenant for production of documents, where he would have an equitable right to their production; but to what cases this applies is not clear (sec Dart V. & P. 143); and the clause only applies to sales of land.