Valuation

XIV. WHAS by the sd parlars of sale it was stipulated that of timber all timber and other trees of the value of £-—- should be

Agreement

for appor

taken by the pchaser at a valuation to be made as therein mentd, and the timber and trees on the sd premes comprd in lot — have accordingly been valued at £———.

XV. WHAS upon the treaty for the sd pchase, it was should be the apportioned payable in respect of the

tionment agrd that the yearly sum of £—

of rert

Palie by part of the sd yearly rent of £

tenant.

State of mortgage debt

Agreement

as to con

hereds hby assured, but that the

consent of the tenant to

such apportionmt should not be required.

XVI. WHAS the sd sum of £—— remains owing to the sd A. on the secy of the sd indre of, &c., but all interest thereon has been paid up to the date of these presents, or, "Whas there is now owing to the sd A. on the secy of the sd indre of, &c., the principal sum of £, with the sum of £— for interest thereon, making together £—.”

XVII. AND WHAS it has been agrd that the sd sum of £currence of shall be paid to the sd A. out of the sd pchase-money [that mortgagee. the sd pchase-money shall be paid to the sd A. in pt paymt of the sd sum of £—] and that he shall concur in these presents in manner hinafter appearing [that the whole of the sd pehase-money shall be paid to the said B., and that the said A. shall concur, &c.]

Payment

in dis

XVIII. WHAS the sum of £, pt of the sd pchase-money of, being the sum required at the current market rate stock mort to pehase the sum of £- Consolidated £3 per cent.

charge of

Agreement

of party to

As to form

Annuities, has been paid by the sd, purchaser, to the sd, mortgagees, and has been invested by them in the pchase of that sum in their names in satisfaction of their sd mtge debt. NIN. WHAS the sd B. has agrd to join in these presents for the ppose, &c. [or, for the pposes and in mner hinafter appearing].

XX. WHAS it has been agrd that [the sd hereds shall be of sy assured and limited in the mner, and subjt to the rights and restrictions hinafter expd, and that] these presents shall contain the several covenants and stipulations hinafter contd. XXI. WHAs for the pposes of the Act of Parliamt imposing

The price of the timber would usually be added to the purchase-money tout the need for this recital.

money

ad valorem stamp duties upon conveyances on the sale of purchaseland, it has been agrd that the sum of £, pt of the sd between pchase-money, shall be the price or conson for the sd freehd copyholds [and leasehd] hereds, and that the sum of £, the residue property thof, shall be the price or conson for the sd copyhd or for stamp duty (a). customary hereds.

and other

tory to

duction

XXII. WHAS the several deeds and munimts specified in Introduc the schedule hto, which are in the possession of the sd A., covenant relate as well to the hereds hby assured [or, assured by the for pro hinbefore recited indre] as to other hereds of the sd A., and of deeds. it has been agrd that the sd A. shall retain the sd deeds and munimts, and give such acknowledgmt and undertaking (b) [covenant] in relation thto as is hinafter contd.

for several

XXII. WHAs the several deeds and munimts specified in The same, the several schedules hto relate as well to the hereds hby sets of assured [or, assured by the hinbefore recited indre] as to decds. other hereds, and it has been agrd that the deeds and munimts specified in the first schedule hto shall be retained by the sd A., that the deeds and munimts specified in the second schedule hto shall be retained by the sd B. and C., and that the deeds and munimts specified in the third schedule hto shall be retained by the sd D., and that such respive pties shall give such several acknowledgmts and undertakings [covenants] in relation thto as are hinafter contd.

CONSIDERATION-RECEIPT. (c)

I. IN conson of the sum of £- now paid by the sd, pur- One vendor chaser, to the sd, vendor, [if the conveyance be without recitals

(a) See the Stamp Act, 1870, ss. 76, 77. (b) See the Conv. Act, 1881, s. 9.

and one purchaser.

tion.

(c) The Conv. Act, 1881, provides (s. 54) that the receipt for the considera. Receipt for tion in the body of a deed shall be sufficient, without any further receipt considerabeing endorsed; and by s. 55, a receipt, whether in the body of the deed or endorsed, is to be sufficient evidence of the payment in favour of a subsequent purchaser or other person dealing for value without notice, although the consideration was not in fact paid. See as to the previous law, I. Dav. Prec., Elph. Introd. Conv. 99, 117. There is therefore now no object in endorsing

ཆོས་་ནན་

* the phase of

་ ར་

e leres

r.

the fee simple in possion of the

for the pehase of the inheritance

y covenanted to be surrendered," f the here is hby assigned,"] (the rect loth hoy acknowledge).

I the sum of 4———— now paid by the sd, otre si, tendors, [in the proportions and mner amein, £——————to the sd A., &c.(a)] [iƒ no recitals, un lust form] the reet whof [of which

- sums they, the sd, vendors, do resply hby

nson of the sum of £ now paid by the sd, " to the sd, company or corporation, or, "to the the sd, company or corporation, at the

Bank,"

cept where, as in the case of some companies or other bodies, it is ee to endorse a receipt signed by some official or agent. the side let, s. 36, provides that the production by a solicitor of a deed indadily a receipt, in the body or endorsed, executed by the person entitled

ea weipt for the consideration, shall be a sufficient authority for the at thereof to the solicitor. This will in ordinary cases save trouble by septisading the necessity for a special authority for such payment; but as the saca vay mathority is given to the solicitor who produces the deed, although

ite sellcitor of the party to whom the consideration is payable, it may be Sevda rive of inconvenience in some cases, e.g., where mortgagees acting by separen solicitors are to be paid off out of the purchase money; and it is convived that the enactment applies only where an express authority for synem, co the solicitor could lawfully have been given independently of the Ace and does not alter the law in the case of trustees, whose power to give such

chority is doubtful, see Dart, V. & P., 5th ed., p. 656; Dav. Prec., vol. ii., ', p. 331, note; vol. iii., p. 223, note. Where it is 'desired to exclude the Soutory authority, a notice countermanding it should be sent to the solicitor The purchaser or other party by whom the consideration money is payable. the tollowing is a form of express authority for payment to the solicitor :"to C. and D., purchasers.

Sale of ppty in -——.

We hby authorise and request you to pay to our solor, \., of, &c., the amount of the deposit [pchase-money] payable by you to us on the execution of the agreemt for [completion of] the sale of the above mentd ppty. Dated this

day of

Signed {4}

B.S

vendors."

If the vendors are all beneficial owners the purchase-money may be exessed to be paid to them jointly on their joint receipt without any apportionment.

(the rect whof the sd, company or corporation, do hby acknowledge, and for which no further or other rect is intd to be given, or, "the rect whof is intd to be acknowledged by a memorandum endorsed on these presents signed by, some officer or agent, and the paymt whof the sd, company or corporation, do hby also acknowledge.")

mortgagor

part of

money

IV. In conson of the sum of £ now paid by the sd, On sale by purchaser, at the request of the sd, mortgagor, in mner and mortfollowing, namely, the sum of £, pt thof, to the sd, gagees, mortgagees, in full [part] discharge of the monies owing to purchasethem under their sd mtge secy as afsd, (the rect whof the sd, being paid mortgagees, do hby acknowledge) and the sum of £, the to the residue thof, to the sd, mortgagor, (the rect and payment in mner afsd of which respive sums, making togr the sd pchasemoney of £, the sd, mortgagor, doth hby acknowledge.)

now paid by

the sd pchaseacknowledge.)

latter.

of a debt

v. In conson of the sum of £- so owing by the sd, Relcase vendor, to the sd, purchaser, as afsd, from the paymt whof owing to and from all claims and demands in respect whof the sd, purchaser. purchaser, doth hby rele the sd, vendor, his hrs, exs, and ads, and in conson of the further sum of £the sd, purchaser, to the sd, vendor, (the rect of which sum of £, making with the sd sum of £money of £, the sd, vendor, doth hby VI. IN conson of the sum of £ having immediately Transfer of before the execution of these presents been applied by the stock to sd, purchaser, in the pchase in the name of the sd, vendor, mortgagee. [mortgagee] of the sum of £ Consolidated £3 per cent. Annuities (the pchase in mner afsd of which sd sum of £Annuities the sd, vendor, [mortgagee] doth hby acknowledge).

vendor or

Court.

VII. IN conson of the sd sum of £- paid into Court as Money hinbefore is recited (the paymt whof is hby acknowledged). paid into VIII. IN conson of the rentcharge hinafter limited and Rentsecured to the sd, vendor, and of the covenants by the sd, charge. purchaser, hinafter contd.

Where

pears from

IX. IN conson of the respive payments and matters considerahinbefore recited and of the premes [and of the covenants by tion apthe sd, purchaser, hinafter contd, and for the other consons recitals or herein appearing].

other parts of deed.

PARCELS. (a)

Land and houses.

The same. Another form.

House in town.

REAL ESTATE.

I. ALL THAT piece of land containing [by estimation, or, "admeasuremt," or, "according to a recent admeasuremt"]

acres, -roods, and

situate in the parish of

bounded on or towards the

to

of A., on or towards the south by the high road from on or towards the west, &c., AND ALSO all that other piece of land containing, &c., situate, &c., and bounded, &c., togr with the messuage or tenemt and outbuildings erected or standing on the sd last mentd piece of land, all which sd premes were lately in the tenure or occupation of, his undertenants or assigns, and are now in the tenure or occupation of, &c., [for copyholds add, to which premes the sd A. was admitted tenant out of court, at a court held for the sd manor," on the

or,

-day of.. on the surrender of X., or, "as the heir of Y. deceased."] II. ALL THAT messuage or tenemt, yard, garden, and outbuildings, and all those pieces of meadow or pasture land adjoining thto and held thwith, situate, &c., and containing, &c., and now known as [boundaries or reference to plan].

III. ALL THAT messuage or tenemt with the yard, garden, coach-house, stable, offices, and outbuildings thereunto belonging, situate and being No. — on the west side of street, or, "known as, &c., situate in the road,' in the parish of, in the county of, and containing in width fronting, &c., feet, and at the back or rear thof feet, and

feet, and in depth on the west side thof

(a) See 1 Dav. Prec.; Elph. Introd. Conv., 121. See other forms under the heads, LEASES (HOUSES, &c.), LEASES (MINING), SETTLEMENTS (PERSONAL), and SETTLEMENTS (REAL).