sewers. roads and them or contribute an equal or proportionate share with the owners of the other houses and land [plots] adjoining the [intended] roads marked on the sd plan, according to the extent of their respive frontage to such respive roads, or, "according to the prices paid by them for their respive plots," of the expense of [making] repairing, cleansing, and maintaining, to the satisfaction of the sd, vendor, his hrs or assigns, the sd roads and proper sewers and drains under the same and all other expenses connected thwith until the same resply shall be adopted by and taken into the charge of the parish or local authority [such share or proportion in case of dispute to be settled by the surveyor for the time being of the sd, vendor, his hrs or assigns]. As to private road common to several houses. To erect buildings of a uni form kind. to XVI. THAT the owners of the plots numbered inclusive on the sd plan shall, at their joint and equal expense, forthwith make and for ever after maintain the road marked — on the sd plan, and shall at the like expense curb, flag, and maintain the footpath on the side thof of feet wide as marked on the sd plan, and such road and footpath shall be for the exclusive use of the owners of the sd plots and their friends, visitors, servants, and others going to or coming from the houses to be built on the sd plots, and shall not be dedicated to the public without the consent of the owners of all such plots, and no waggon or heavy cart shall be allowed to pass over the sd road except between the hours of six and ten in the forenoon. XVII. THAT the sd, purchaser, his hrs or assigns, will within the space of calendar months from the date of these presents, at his or their own cost, and under the inspection and to the satisfon of the architect or surveyor of the sd, vendor, his hrs or assigns, erect and finish, in a good, substantial, and workmanlike mner, upon each of the sd pieces of ground hby assured one messuage or dwelling house of the cost of £- — at the least, upon the same plan, of the same form and dimensions, and after the like mner as the houses now already erected on the east side of the sd road coloured on the sd plan. XVIII. THAT one house only, of the cost of £shall be erected on the sd premes [each plot], such be exclusive of any stabling and outbuildings. at number least, As to cost to and value or " XIX. THAT one house only, of the cost of at least £two semi-detached houses only, of the cost of at least £each, and in all respects according to plans and elevations to be approved of by the sd surveyor, shall be erected on the sd premes [on each of the plots numbered resply on the sd plan from to, both inclusive], but stabling or other outbuildings, according to plans and in situations to be approved by the sd surveyor, may be erected on the sd premes [on any of such plots]. of houses. The same. Another form. not to abut XX. THAT no building or erection except the sd fence [a Buildings boundary fence not more than feet high made of on roads. materials and of a design to be approved of by the sd, vendor,] feet of shall at any time be erected on the sd premes [on any of road [any of the XXI. THAT the front wall of any house or building to be erected on any pt of the sd premes shall range and be in line with the building line marked on the plan, and no building or erection of any kind excepting verandahs, porches, bay windows, or similar structures (n), to be approved of by the sd surveyor, and excepting such boundary fence as afsd, shall be erected on any portion of the sd premes [of any plot] which lies between the building line and any of the roads or streets marked on the sd plan. To keep building line XXII. THAT no temporary buildings of any kind shall at As to temporary any time be erected on the sd premes [any plot], other than buildings. sheds and workshops to be used only for works incidental to the erection of permanent buildings thereon. offensive XXIII. THAT no bricks or tiles shall at any time be made, Not to nor any clay or lime burnt on the sd premes [on any plot], carry on and no operative machinery shall at any time be fixed or set trades, &c. up thereon or in any building to be erected thereon, and no (n) See Lord Manners v. Johnson, 1 Ch. D. 673. VOL. I. DD Not to erect build manufacture or operations of a noisome, offensive, dangerous, or noisy kind shall be carried on upon the same, nor shall anything be done thereon which may be or grow to be a nuisance or annoyance to the sd, vendor, his hrs or assigns, or the neighbourhood. XXIV. THAT no [permanent] building shall be erected on ings except the sd premes [any plot except the plot numbered a private dwelling house. Not to use premises for trade, &c. As to plot reserved for hotel. As to cost of buildings As to making sewers, &c. on the sd plan] except a private dwelling house and the stabling, offices, and outbuildings thof, and no building erected thereon shall at any time be used except for the pposes last afsd. XXV. THAT the sd premes or any buildings thereon shall not [none of the sd plots or any buildings thereon shall] at any time be used for the ppose of any trade, manufacture, or business of any description, or anything in the nature thof, or having the appearance or show thof, or as an asylum, hospital, or other charitable institution, or by any public body or society, or as a chapel or school, or as tea gardens or a hotel, public-house, or tavern, or for the sale of beer, wine, or spirits, or as a place of public amusement, entertainment, or resort. XXVI. THAT the plot numbered on the sd plan, which has been set apart for an inn, hotel, or public-house, shall not be used for any other ppose, except that with the license in writing of the sd, vendor, his hrs or assigns, the same may be converted into a private dwelling house, add provisions as to plans, costs, &c., see above, forms XVII., XIX. XXVII. THAT for the pposes of these presents [regulations] the cost of every house and other building shall be taken to be the net first cost thof in labour and materials alone (exclusive of ornamental fittings) to be estimated by the sd surveyor at the lowest current prices. XXVIII. THAT the sd vendor, his hrs and assigns, shall be at liberty at any time to lay down and construct sewers, drains, and water pipes on any of the sd plots, and to keep in repair and maintain the same for the general convenience of the sd este. of sur XXIX. THAT the authority of the sd surveyor to act in that Authority capacity shall be (always conclusively) proved by a declon veyor. in writing under his hand that he is so authorised, or, "by the fact of his name as surveyor being painted up in a conspicuous place on the office for the time being of the este." curing premises. XXX. THAT for protecting the privacy of the messuage and For scpremes now in the occupation of the sd, vendor, no window privacy of or opening shall at any time be made on the south or east vendor's side of any buildings which may be erected on the sd pieces of land hby assured, so as to overlook such messuage and premes, or any pt thof. XXXI. THAT no sand or gravel shall at any time be exca- As to digging vated or dug out of the sd premes [any of the sd plots] except sand or for the ppose of laying the foundations of the houses or gravel. outbuildings to be erected thereon, or for use in erecting such buildings or in the gardens or grounds thof. notice of XXXII. THAT for the ppose of making the covenants of Purchaser the sd A. [and B. resply] hinbefore contained to run with and to give bind the sd premes, the said A., his hrs and assigns, [the sd coveA. and B., resply and their respive hrs and assigns] will nants (o). upon every conveyance, lease, or other assurance of the sd premes hby assured, or, "coloured on the sd plan," or any pt thof, give to the pchaser, lessee, or grantee express notice of such covenants. non-pay. XXXIII. PROVIDED always, and these presents are executed Power of re-entry in on this express condon, that if the sd, purchaser, his hrs or conveyance assigns, shall at any time make default in payment of the in fee on sd yearly rent of £ within thirty days after the same ment of shall have become due (whether demanded or not), or shall rent-charge at any time make default in performing or observing any of of covethe covenants and stipulations hinbefore contd and on his or nants (p). their pt to be performed and observed, then, and in any such case, it shall be lawful for the sd, vendor, his hrs or assigns, (0) Notice of the covenants should if possible be endorsed on one or more of the covenantor's title deeds. (p) See above, p. 282, note. or breach Power of action (2). into and upon the sd premes hby assured, or any pt thof, in the name of the whole, to enter and to do thereon any act which may be requisite specifically to perform the covenants by the sd, purchaser, hinbefore contd, [including the pulling down of houses, buildings, or other erections], and to remain in possion and receive the rents and profits thof until all the sd covenants and stipulations shall have been duly performed and observed, and any breach thof made good, and until the sd, purchaser, his hrs or assigns, shall have paid to the sd, vendor, his hrs or assigns, all rent in arrear and all costs, charges, and expenses properly incurred by him or them in or about the doing of any such act as afsd, or occasioned by any such nonpaymt or breach of covenant as afsd, togr with interest thereon at the rate of £5 per cent. per annum, or until the same shall have been satisfied out of the rents and profits of the sd premes. XXXIV. TOGR with power for the sd, purchaser, his exs, ads, attorney in or assigns, at his or their own costs in the name or names, assignment of chose in and as the attorney or attornies of the sd, vendor, his exs, or ads, or otherwise to demand, sue for, recover, and receive and give effectual rects and discharges for the sd and premes hby assigned, or any pt or pts thof, and for any of such pposes to appoint a substitute or substitutes, the sd, vendor, his exs and ads, being kept indemnified by the sd, purchaser, his exs, ads, or assigns, from all costs and expenses occasioned by such use of his or their name or names. (q) See above, p. 112, note. |