Not to lop timber. Work to be found in the woods after the 1st of April without a muzzle, the pchaser on whose lot it shall be found shall pay 108. for each head to the vendors as liquidated damages. VIII. THE рchaser not to cut, lop, or otherwise damage the timber, trees, tellers, or saplings, and to make satisfon to the vendors for all loss or damage they may sustain by the carelessness or negligence of his workmen or servants employed in the wood, and no pson to have any authority to permit or order any description of tree or wood to be cut but what is clearly included in the sale and strictly underwood. IX. THE Wood to be all cut from the stubbs before the 1st finished by of April, and to be cleared from the woods on or before the 1st of May next, or it will be forfeited to the vendors. certain date. Dogs. Neglect to comply with conditions. x. No dogs to be allowed to go into the woods except by leave of the vendors. XI. IF any pchaser shall neglect or refuse to comply with any of the above condons the deposit-money and the wood uncleared shall be forfeited, the lot or lots resold by public or private sale, and the deficiency (if any) on such second sale, togr with all expenses attending the same, shall be made good by the defaulter at the present sale and be recoverable as liquidated damages. IT IS HBY AGRD between Messrs. the auctioneers, as agents for A. and B. (a), the vendors, and of XIV. SALE of FEE-FARM RENTS for BUILDING. 1. THE pson offering the best reserved yearly rent for each Biddings. lot (which shall commence from the day of be the pchaser. II. Other usual conditions as to biddings, see p. 223. -) shall III. EVERY pchaser shall immediately after the sale pay Deposit. into the hands of the auctioneer a deposit equal to one year's rent of his lot, which sum will accordingly on the completion of the pchase be allowed to the pchaser as a discharge from the first year's rent; every pchaser shall also immediately after the sale sign an agreemt in the form subjoined. IV. THE fee-farm rent or rents payable by any pchaser Redemp may, if he so desire, be made redeemable on or before the day of, on paymt to the vendors, or the owner or owners thof, of a sum equal to expenses of or incidental to such by the pchaser. years' pchase thof, the redemption to be borne tion. tion of to vendors in lieu of. V. EACH lot will be charged with an annual rent in lieu Tithes, of tithe rent-charge to be reserved to the vendors and made reservapayable half-yearly, which rent is to be fixed by the auc- rent-charge tioneer, but is not to exceed by more than one-tenth the amount of the tithe commutation award. No pson shall require any apportionmt of the tithe, or any further indemnity in respect thereof than the covenant in his conveyance by the vendors to pay the same. VI. Conditions requiring each purchaser to erect and maintain one or more houses of minimum value, and imposing other restrictions, see No. XI., p. 270. ance. VII. THE rents reserved shall be made payable free from Conveyall deductions (a) whatsoever except property tax, and each conveyance shall contain covenants by the pchaser to pay (a) As to the effect of these words in exonerating the owner of the rentcharge from liability to land tax, see Dav. Prec. III. 313, note. Covenants &c. the rents reserved on his lot or lots, and to keep the buildings to be erected on his lot or lots properly repaired and insured, and powers for the owner for the time being of the reserved rent or rents to enter and view the condon of the premes, and to enter on non-payment of such rent or rents or on breach of any of the purchaser's covenants or condons contained in such conveyance, and specifically to perform such covenants or condons on each occasion of entry, and to remain in possion and take the rents and profits of the land entered upon, until the rent or rents in arrear, and the costs and expenses incurred in the execution of such power, shall be satisfied (b). A duplicate of every deed of conveyance to be prepared by and at the expense of the vendors shall, if required, be executed by the pchaser at the time of completion. day of VIII. THE pchase shall be completed on the next, at the office of the vendors' solors, Messrs. at at which time and place each pchaser shall have a proper assurance, &c., continue condition as to conveyance, p. 232, add, if desired, condition as to general form of conveyance, p. 274, No. VIII. (b) Recent decisions seem very greatly to impair the efficacy of the proto maintain visions usually inserted for securing a perpetual rent-charge on building buildings, land; for it has been determined by the Court of Appeal in Haywood v. The Brunswick Building Society, 30 W. R. 299, approved by the Court of Appeal in London and South-Western Railway Company. v. Gomm, W. N. 1882, p. 32, that the doctrine established by Tulk v. Moxhay, 2 Phil. 774, that restrictive covenants in a conveyance in fee are binding on the covenantor's assigns with notice, is confined to negative or prohibitory covenants, which may be enforced by injunction, and does not apply to affirmative covenants, such as a covenant to maintain buildings, which is not enforceable by action either for damages or for specific performance. Although such a restrictive covenant is not open to objection for perpetuity (per Kay, J., in the above case of L. & S.-W. Rail. Co. v. Gomm, 30 W. R. 324), it is not clear that the principle of the decision of the Court of Appeal in the last mentioned case, that an unlimited power of pre-emption is void as a perpetuity, does not apply to a power of re-entry on breach of a restrictive covenant, if the power be absolute, though it may be free from objection if confined to making good the breach; but the power, even though in terms absolute, would now be restricted to this by the effect of the Conv. Act, 1881, s. 14, enabling the Court to relieve against forfeiture, which indeed (see subs. 3) seems to imply the validity of such a condition of re-entry, although perpetual. CONTRACTS FOR SALE (a). I. AGREEMENT for SALE of Freeholds or Copyholds, with usual PROVISIONS. VARIATION where VENDOR contracts by an AGENT. ARTICLES OF AGREEMT made the the day of BETWEEN A., of, &c. [as agent for and on behalf of C., of, &c.] (hinafter called the vendor) of the one pt, and B., of, &c. (hinafter called the pchaser) of the other pt. Parties. 1. THE vendor agrees to sell, and the pchaser agrees to Agreement pchase, for the sum of £ the inheritance in fee simple for sale. [the inheritance according to the custom of the manor of in the county of in possion free from [land tax and tithe rentcharge, and from all] incumbrances [except as hinafter mentd], of ALL that, &c., parcels set forth fully, with a reference, if need be, to a plan or schedule, see CONVEYANCES ON SALE, PARCELS, with the appurtenances to the same premes belonging (b). (a) See the forms of general and special conditions under the head Frame of CONDITIONS OF SALE, which are applicable with little (if any) alteration to contracts sales by private contract. And see the forms given below of miscellaneous for sale. clauses applicable to sales by private contract. Special clauses relating to various descriptions of property, such as advowsons, life policies, &c., will be found under CONDITIONS OF SALE. The conditions usual on sales by auction are frequently, notwithstanding the stringency of some of them, submitted to by purchasers on sales by private contract. In preparing agreements for sale, the important provisions of the Vendor and Purchaser Act, 1874, and of the Conv. Act, 1881, should be borne in mind, see ante, p. 223, note (a). For a form of agreement for sale by private contract referring to printed. particulars and conditions of sale, see p. 235. As to the stamp, see above, p. 8, note. (b) See Bolton v. Bolton, 11 Ch. D. 968. Where the property is insurable, add, [Provision as to timber, fixtures, dc., if any, to be taken at a valuation, p. 240.] Payment of 2. THE pchaser shall pay [the sum of £ purchase pt of the sd money and pchase money immediately on the execution of this agreemt completion. and shall pay the residue of] the sd pchase money [togr with the amount of the afsd valuation] to the vendor, or as Abstract. day of he shall direct, on the next at the office of at which time and 4. Incumbrances, dc., p. 229, saying as to the leases and agreements with the tenants, "the counter-pts or copies of which have been produced to the pchaser's solor, and of the contents and parlars of which he shall be deemed to have notice." 5. THE vendor shall within, one week, from the date hereof, deliver or send by post to the pchaser or his solor an abstract of his title to the sd premes commencing, &c., here add any special conditions as to commencement and evidence of title, see above, CONDITIONS OF SALE, pp. 243, et seq., including, if required, provisions making recitals evidence, as to insufficiency of covenants for production, identity, and expenses, as at pp. 230, 231, and provisions as to conveyance, custody of title deeds, &c., time for delivering requisitions, &c., compensation for misdescription, and non-compliance with conditions, see pp. 232-235, substituting for the references to the particulars and conditions of sale a reference to, "this agreemt," and for the references to the day of sale a reference to the, "date of this agreemt." IN WITNESS Whof the sd pties [the sd A. as agent for and on behalf of the sd C. and the sd B.] have hereunto set their respive hands the day and year above-written, or, "As witness the hands of the sd pties." Signed by the above-named "and with the benefit of any existing or future insurances against fire; see Rayner v. Preston, 14 Ch. D. 297, 18 Ch. D. 1. |