special circes of his lot or lots may render necessary. And any pchaser may, upon application to the vendors' solor after the sale, have a copy of the sd form on paymt of shillings for the same.

IX. EACH pchaser shall, simultaneously with the execution The same. of his conveyance, execute a general deed of covenant to be By a general prepared by the vendors' solor, and retained by them (notice deed of of which shall be endorsed on the conveyance) containing covenant. covenants on the pt of the pchaser, framed so as to bind his representatives and assigns, for securing the observance and performance by him and them and the owners, lessees, and occupiers for the time being of his lot of the afsd restrictions and condons. But the vendors shall not be bound to procure the concurrence of all the pchasers in such general deed, and the completion of the pchase of any lot shall not be delayed by reason of the non-sale or any delay in the completion of the sale of any lot.

mutual

x. No pchaser shall be entled to any covenant or en- As to gagemt from any other pchaser or the vendors or any other rights of pson in respect of any of the restrictions and liabilities purchasers in respect mentd in the foregoing condons or parlars as affecting, or of intd to be imposed upon, any other lot, whether such lot is strictions sold or remains unsold.

imposed on them.

XII.

CUSTODY of TITLE DEEDS and COVENANTS to PRODUCE (a).

deeds

1. SUCH of the deeds and munimts of title in the possion Custody of of the vendors as relate exclusively to the ppty sold [any where some lot] will be delivered to the pchaser [of such lot]: All retained by other deeds and munimts in the possion of the vendors will be retained by them, and they will give to the pchaser the

(a) See the V. and P. Act, 1874, s. 2 (4, 5), and the Conv. Act, 1881, s. 9, and above, p. 225, note.

vendors.

Where all deeds re

tained.

Where

deeds to be delivered

to pur

chaser of a specified

lot.

Where

proper statutory acknowledgmt of the right to production and delivery of copies and undertaking for safe custody thof [or at the option of the pchaser the usual express covenant in that behalf, determinable on the vendors parting with the custody thof [and procuring a substituted covenant]] any such acknowledgmt and undertaking [or covenant] to be prepared by and at the expense of the pchaser.

II. ALL the munimts of title relate also to other ppty not included in the sale, and will be retained by the vendors, who will give, &c. as in Form 1.

III. THE рchaser of lot 1 shall be entled to the custody of any deeds or munimts of title which relate to that lot and also to any other lot or lots, and shall, if required, give to the pchaser of each of the other lots to which the same relate the proper statutory acknowledgmt of the right to production and delivery of copies, and undertaking for safe custody thof [or at the option of the pchaser the usual express covenant in that behalf ], to be prepared by and at the expense of the pchaser requiring the same. If lot 1 is not sold, the vendors will retain such deeds or munimts until that lot is sold, when the same shall be delivered to the pchaser thof upon his giving the acknowledgmt and undertaking [or covenant] above mentd to the pchaser or pchasers of the other lot or lots afsd, who shall in the meantime be entled, at his or their own expense, to the production and copies of the sd deeds and munimts, but not to any covenant, statutory or otherwise, in that behalf. If any lot other than lot 1 shall not be sold, the vendors shall for the ppose of this condon stand in the place of the pchaser thof: provd that any delay in obtaining any such acknowledgmt and undertaking [or covenant] as afsd shall not be a ground for delaying the completion of any pchase, but the acknowledgmt and undertaking [or covenant] shall, in such case, be executed as soon after completion as the vendors shall be able to obtain the same.

IV. MUNIMTS of title relating to the premes offered for delivered sale and also to other ppty of the vendors will be retained

deeds to be

purchaser.

by them. Munimts relating exclusively to the premes to largest offered for sale will, if relating to one lot only, be delivered to the pchaser of such lot, but if relating to more than one lot, will be delivered to the largest pchaser in value of such lots, who shall give to the pchasers of the other lots to which the same relate, the proper statutory, &c., acknowledgment and undertaking or covenant, see Form ш., to be prepared by and at the expense of such pchasers; but the sd munimts will be retained by the vendors until all the lots to which they relate have been sold, and the sales thof completed, the pchasers of the lots sold being entled in the meantime at their own expense to the production and copies of such munimts, but not to any covenant, statutory or otherwise, in that behalf, add proviso at end of Form III., p. 276.

form.

V. THE pchaser of each lot shall be entled to have The same. delivered to him such of the munimts of title in the possion Another of the vendors as relate exclusively to such lot; all other munimts in the possion of the vendors will be retained by them until the whole of the ppty to which the same relate shall have been disposed of [whether at the present, or any past or future sale], and the sales thof completed, with liberty to any pchaser in the meantime at his own expense to inspect and have copies of any of such munimts which relate to the lot or lots pchased by him, but the vendors shall not be required to enter into any covenant, statutory or otherwise, in that behalf. When the whole of the ppty to which such munimts relate shall have been sold, the same shall be delivered to the largest pchaser in value [at the present, or any past or future sale] on his giving to each of the other pchasers who shall require the same the proper statutory, &c., acknowledgment and undertaking or covenant, see Form III., to be prepared by and at the expense of the pchaser requiring the same, add proviso at end of Form III., p. 276.

VI. THE munimts of title, as they relate to other ppty not Title deeds. included in the sale, will be retained by the vendors, who by vendors will, if required, give to each pchaser the proper statutory being trus

tees or

mortgagees.

Provision for in

vendor in

respect of liability

under

former

for pro

acknowledgmt of the right to the production and delivery of copies [and undertaking for safe custody] thof [or at the option of the pchaser the usual express covenant to the like effect], to be prepared by and at the expense of the pchaser requiring the same [but the vendors being trees [mtgees] shall not be required to give any undertaking or covenant for the safe custody of the munimts] (b).

VII. In any case in which the vendor is under any oblidemnity of gation to any former pchaser for the production or safe custody of any deeds or munimts which are handed over to the [any] pchaser at the present sale, the latter pchaser shall take upon himself such obligation in exoneration of the covenants vendor thfrom, and shall, if required, enter into a proper duction (c). covenant of indemnity in that behalf, or give a proper substituted covenant or statutory acknowledgmt and undertaking for production and safe custody to the pson or psons entled to the benefit of the original covenant, the deed or deeds for that ppose to be prepared by and at the expense of the vendor or covenantee, but the expense of the perusal and execution thof by or on behalf of the pchaser to be borne by him.

Biddings.

XIII.

As to UNDERWOODS.

1. No pson to advance less than 5s. per acre at each bidding nor retract a bidding. The highest bidder to be the pchaser, and should any dispute arise as to the biddings,

(b) See above, p. 226, note.

(c) This of course only applies where the vendor has entered into an absolute covenant, his liability under which will continue after he parts with the deeds, according to the form hitherto usual in the case of beneficial owners, which is more onerous than the statutory covenant; see above, p. 226

note.

the lot shall be put up again at the last previous bidding. There will be a reserve on each lot.

II. EACH pchaser immediately to pay down a deposit of Deposit and security. 10 per cent. on his pchase-money, and to sign an agreemt in the form subjoined, and within three days from the day of sale to give a bond, with such one or more sureties as shall be required and be approved of by the agent of the vendors, for the due paymt of the balance of his pchasemoney at ten months from the day of sale.

fences.

III. THE lots will be sold by the acre, and where any lot Boundary abuts on a boundary fence the vendors' workmen will at once proceed to make such fence, using any materials required from such lot.

IV. No pchaser will be allowed to commence cutting any Purchaser wood until the vendors' agent is fully satisfied with the pro- security. to give posed secy, and at any time afterwards the vendors may call for further approved secy, and give notice thof to any pchaser by a notice left at his last known place of abode, and he shall give the required secy within six days from the date of such notice, during which time no pt of the lot shall be cut, sold, or removed; and if after the lapse of such six days the pchaser refuses or neglects to give the required secy, his lot or lots shall revert to the vendors, with all the labour bestowed thereon, and the vendors shall be at full liberty to cut the remr and sell and dispose of the same, and also any wood cut but not removed by the pchaser, either by private sale or public auction, and if any deficiency shall be found the pchaser shall still be liable to make it good.

V. THE wood to be cut in a proper, customary, and work- Cutting. manlike manner.

wood not

to be cut.

VI. THE pchaser to leave standing all young standard oaks Certain or other tellers, and to leave uncut all the firs now standing in any of the woods, doing as little damage as possible in cutting and clearing the woods.

VII. ALL horses, oxen, or other cattle brought into the Cattle to be woods to be muzzled. If any horse or other beast be

muzzled.