VIII. LAND-TAX and other OUTGOINGS, APPORTIONMENT. from land I. A CERTIFICATE of the redemption of the land-tax, dated, Exemption &c., shall be accepted as sufficient evidence of such redemp- tax. tion, without proof of the identity of the lands in respect of which the tax was redeemed. Another II. No evidence shall be required of the redemption of The same. the land-tax except a certificate or declon of the collector of form. land-tax, or," the vendors' steward," to be made if required at the pchaser's expense, that the ppty is not now assessed to the land-tax, or, "that no land-tax is now, or, 'has for the years,' been paid in respect of the ppty." last from tithes. III. THE production of an office copy of a declon of merger Freedom by a former owner of the tithe rent-charge shall be taken as conclusive evidence that the ppty is tithe free, or, "No pchaser shall be entled to any other proof of the ppty being tithe free than is afforded by the tithe apportionmt for the parish of which shall be examined by the respive from land pchasers at their own expense." IV. No land-tax has ever been paid by or claimed against Exemption the vendors, and the tithe rent-charge has been charged by tax and them on other ppty of ample value; and each pchaser shall tithes. be satisfied by a declon to that effect, to be made (if required) at the expense of the pchaser, that his lot is free from landtax and tithe rent-charge. Indemnity v. No objection or requisition shall be made, or compen- Quit rents, sation claimed in respect of any quit rent, chief rent, tithe tithes, &c. rent-charge, or other similar liability to which any of the against. premes now sold may be subjt togr with other lands, but in respect whof an indemnity has been given, or no paymt made for years or upwards; and the pchaser shall accept a statutory declon as conclusive evidence of such indemnity or non-paymt. The same. ment, &c. VI. THE respive lots are sold subjt to any quit-rents, Apportion- land-tax, and tithe-rents charged thon, alone or jointly with (a). other ppty; and the respive pchasers shall not make any objection on the ground of the same or any of them not being now or formerly legally apportioned, or require the same to be so apportioned, or any indemnity against such pts thof as ought to be borne by other ppty. ment of land-tax, rents, and outgoings. Apportion- VII. THE land-tax, tithe rent-charge [scots], and other outgoings, and the rents payable by the tenants, shall be taken to be apportioned between the respive lots, as mentd in the parlars; and no objection shall be made upon the ground of such apportionmt not being legally binding, or the tenants not having concurred therein. [A legal apportionmt thof resply shall nevertheless, if desired by any pchaser, be effected by the vendors, as far as circes will admit, and at the expense in all respects of such pchaser, or, "at the joint expense of the pchasers concerned therein," but the completion of the pchase [of any lot] shall not be thby delayed, and the vendors shall, in respect of any unsold lot, for the ppose of this condon stand in the place of the pchaser.] Apportion. ment of and indemnity against fee farm or ground VIII. As to any ppty or lot which is sold subjt to pt only of an entire chief or ground rent, which is charged on the same togr with other ppty of the vendors or any other lot or lots as mentd in the parlars, the pchaser or respive pchasers of the lot or lots subjt thto, and as regards any unsold pt of the ppty so subjt, the vendors, shall by a f) separate deed enter into mutual covenants for paymt of the respive portions of such rent, which are to be borne and paid by them resply as specified in the parlars, and for rents on sale of freeholds in lots (b). (a) As to the redemption of quit rents and perpetual rents (other than tithe rent-charge, or rents reserved on sales or on grants for building purposes), see the Conv. Act, 1881, s. 45. (b) See also the form above, p. 61, of a deed apportioning a fee farm rent, and the form, infra, of conditions of sale of building land on fee farm rents. Where there are more than two parties to the arrangement, it may be better to have a separate deed of indemnity as is here provided. the indemnity of the other or others of them and his or their respive portions of the ppty in respect thof, and each of such respive psons shall, if required, give to the other or others of them resply powers of distress and entry upon, and rect of the rents and profits of his or their respive portions of such ppty, for better securing such indemnity. The sd deed of indemnity shall be prepared and engrossed by the solors of the vendors in as many pts as there are pties thto, at the joint expense of such pties, who shall also pay the charges of their own respive solors in relation thto, but any delay in the preparation or execution of such deed shall not be a ground for delaying the completion of the pchase of any lot. any As to copy. hold pay ments, quit. IX. THE vendors shall not be called upon to furnish evidence beyond that shown by the munimts or documts in their possion of the rents and services under which the ppty rents, &c. is held, or what parlar portions of the ppty [respive lots] are subjt to the quit-rents, land-tax, or other outgoings specified in the parlars. IX. IDENTITY, QUANTITY, MISDESCRIPTION. I. THE pchaser shall not require any proof, beyond what Identity. is afforded by the munimts themselves, of the identity of the ppty with that described in any of the munimts [prior to a conveyance in the year], or for distinguishing the portions held under the different titles. П. THE vendors will, if required, but at the expense of the The same. pchaser requiring the same, furnish or procure such evidence or information as may be in their power, for the ppose of identifying any lot or part of a lot as described in the parlars with the descriptions contd in the munimts, or of reconciling or connecting the quantities or descriptions where the same differ; Quantity. but no requisition for any such ppose or otherwise connected III. THE contents and dimensions of the ppty as stated in the parlars and plan hto annexed, having been taken from an actual survey, are believed and shall be taken to be correct, although the same may differ from the results of other surveys, or from the contents mentd in some of the munimts. IV. No objection shall be taken on the ground that any and quan- of the old descriptions and measuremts do not accord with the present state of the ppty, as shown in the parlars and plan. Identity tity. Identity. Various stipula tions. Misde scription. V. VARIOUS alterations having taken place by the removal of fences, enclosures, change of names, and otherwise, the vendors shall not be required to identify or connect any pt of the ppty sold with the descriptions contd in any of the abstracted munimts, nor to account for any variance as to quantity, abuttals, or otherwise, nor to explain or reconcile any apparent differences in the abstracted descriptions, nor to distinguish the present or former copyhd pt of any lot from the freehd pt thof, or the pts of any lot held under different titles. VI. ANY misstatemt or omission in the parlars shall not annul the sale, and as the premes may be viewed, such misstatemt or omission, if discoverable by inspection, shall not be the subjt of compensation, but if the same be not so discoverable a reasble abatemt or compensation shall be made, &c., see GENERAL CONDITIONS, p. 234. X. RESERVATIONS. I. THE sale [of lot -] is subjt to a right of way or road Right of [of the width of feet] for all pposes, or, "for foot way (a). passengers," or, "for the pposes for which the same is now used," or as the case may be, to be reserved to the vendors, or, "to the pchaser of lot if sold, or if not to the vendors," between the points marked A and B on the plan, and the conveyance shall be framed accordingly. surface II. THE vendors reserve to themselves the mines, beds, Sale of and quarries of coal and ironstone, and other metals, stone, without and minerals within and under the whole of the ppty, with mines. all necessary or proper powers, rights, and easemts for searching for, winning, working, getting, and carrying away the same whether by under-ground or surface workings, proper compensation being paid to the pchasers for damage done to the surface or the buildings thon, and for the occupation of the surface in or about the exercise of such rights and powers; and subjt to the obligation on the pt of the vendors to restore the surface when the mines or minerals shall have been worked out, or permanently ceased to be worked, and the conveyances shall be framed accordingly. Another form. III. THE coal and ironstone and other mines and minerals The same. (except only marl, gravel, and sand which can be got without for going under or passing through any seam or vein of coal or ironstone) are reserved out of the present sale, with full power for the vendors and all psons claiming under them to sink any pits or shafts, or to erect or construct any buildings, engines, machinery, roads, tramways, waterworks, waterways, airways, or other works or conveniences necessary or desirable for the ppose of getting, working, carrying (a) See also CONVEYANCES ON SALE, (RESERVATIONS). |