« EelmineJätka »
ADDENDA ET CORRIGENDA.
24, last line, and p. 28, last line but three, see also, p. 252 n.
28, note, see also, p. 525 n.
33, note, see also, pp. 318 n., 321 n.
47, note, see also, pp. 477 n., 486 n.
48, note, see also, p. 486 n.
53, note (a), see also, pp. 48 n., 486 n.
103, line 12, dele "and thereby."
114, last line but 6, after "separate use," add "or be settled to her separate use only during coverture;" and to last line, add "Hanchett v. Briscoe, 22 Beav. 496."
115, line 7, add "Hanchett v. Briscoe, supra."
140, note, See Phillips on Copyright.
206, 210, notes (a). It will be borne in mind that where a vendor seised in fee has married since 1 January, 1834, his wife is not a necessary or proper party to his conveyance: see p. 179.
221, line 15, after "of which he is seised," add "except for an estate tail." 229, last line but 4, after Precedent IX. add "XXI. ;" "dele for life and." 283, note, The reference to Concise Prec. should be p. 73, 5th ed.
294, line 21, dele “p. 76."
360, last line but 2, the reference should be to Prec. LXXVII.
386, note (b), Ex parte Lord Henley is now reported, 29 Beav. 311.
459, note. As to the conveyance of the copyholds of a debtor who has executed
a deed for the benefit of his creditors under the Bankruptcy Act, 1861,
479, line 13, after "possessed," add "of."
PRECEDENTS IN CONVEYANCING.
THERE is very little variety in the formal parts, and infinite diversity in the essential stipulations of Agreements; and, therefore, forms and precedents are of less use in the preparation of those than of any other instruments. Hence, the number of Precedents of Agreements in this collection is intentionally small; and the draftsman, having once made himself acquainted with the ordinary form of an agreement, must prepare such as come before him from a consideration of the peculiar circumstances of each case, with but little regard to his precedent book. The leading terms of agreements are generally drawn out by the parties themselves, and the task of the professional draftsman consists in arranging those terms in proper order, clothing them with legal language, and supplying provisions for unforeseen contingencies. If the agreement be special or complicated, this is a task of considerable difficulty, and one which can be successfully accomplished only by a person of experience.
The Precedents here given of Agreements for Sales and Purchases contain few special stipulations
relative to title, or other matters, because a large number of these stipulations are to be found in the first Volume of this work under the head "Conditions of Sale," arranged according to the subjects to which they relate. The forms there given may be very easily adapted for insertion in agreements for sale by private contract; and, therefore, to prevent needless repetition, the draftsman is referred to that source for such special stipulations as he may require.
In reference to the form of agreement to be indorsed on conditions of sale, given ante, vol. i., pp. 546 and 553, the Editors call attention to a recent decision of the Privy Council in Williams v. Byrnes, 2 New Rep. 47, where the Court, affirming Williams v. Lake, 29 L. J. N. S. Q. B. 1, held that the parties to any contract or bargain within ss. 4 and 17 of the Statute of Frauds, or s. 7 of Lord Tenterden's Act, must be specified, either nominally or by description or by reference, in the note or memorandum in writing required by those statutes. It appears, therefore, that the vendors should be so specified either in the particular or conditions of sale, or in the ratification of the vendor's agent at the foot of the contract.
AGREEMENT WITHOUT SPECIAL CONDITIONS (a) for PRECEDENT I.
the SALE of FREEHOLD ESTATE.
AN AGREEMENT (b), made this
18-, between A. B., of, &c. [vendor], of the one part; and C. D., of, &c. [purchaser], of the other part.
1. The said A. B. will sell, and the said C. D. will purchase, at the price of £ the fee simple in pos
(a) This precedent should be used only in the simplest cases where the parties mean to enter into an open contract. In other cases Precedent III., infra, p. 9, will be found more useful.
(b) The Statute of Frauds (29 Car. 2, c. 3, s. 4) requires, that, with the exception of agreements for leases for less than three years at a rent of at least two-thirds of the improved value, every contract for the sale or purchase of lands, tenements, or hereditaments, or any estate or interest in or concerning them, shall be in writing, signed by the party to be charged, or his agent; and the statute extends to those cases in which, though not professedly, there is substantially an agreement for the sale of an interest in land. (Dart, 128, Sugd. V. P. 128, and cases there cited.) The requirements of the Statute of Frauds, and of Lord Tenterden's Act, 9 Geo. 4, c. 14, s. 7, are not satisfied unless the written agreement or memorandum contains, either nominally or by description or reference, the names of both parties, the seller as well as the buyer: Williams v. Lake, 6 Jur. N. S. 45, Q. B.; S. C. 29 L. J. N. S. Q. B. 1; Williams v. Byrnes, 2 New Rep. 47. (See the introductory observations, supra, p. 2.)
It has been usual to express the agreement as made by the parties for themselves, their heirs, executors, and administrators, but for what purpose is not obvious. With a view to a specific performance, the words are altogether superfluous, since, in equity, the estate becomes the purchaser's by virtue of the agreement; and specific performance may be enforced by either party against all persons claiming through or under the other, without regard to their cha
SALE OF FREEHOLDS.
for sale and
SALE OF FREEHOLDS.
session of, ALL THAT, &c. [parcels] (c), the said price of
4. Consideration. £, the remainder thereof, on the
5. Vendor to deliver abstract,
7. Day for completion.
from the date of
2. The vendor shall, within
at the office aforesaid.
4. The rents [or possession (e)] will be received [or
racter of real or personal representatives. And as far as regards the
(c) The agreement should state clearly the nature of the interest to
(d) It has been usual to insert in agreements for conveyances to purchasers the words "or to such uses as he or they shall direct," or similar expressions; but they are by no means necessary. For as the purchaser, by the contract, has acquired the absolute dominion over the estate, he may of course direct it to be conveyed to such uses as he shall think fit.
(e) If the estate be in hand.