proved, &c., of X. deced], & in the exon of a trust or power trustees (d). in the sd indre [will] contd for the investmt of moys arisg thrunder in the pchase of real or leasehd estes have, with the consent (hby testified) of the sd C., as tenant for life in posson under the sd settlemt [will], agrd with the sd D. for the pchase, &c.

VI. WHAS the sd A. & B., as trees of, &c., & in exon, &c., & with the consent of, &c., as in form Iv., have agrd to sell, & the sd C. & D., as trees, &c., as in the last form, have agrd to pchase, &c., as in form 1. or II.

Contract where both parties are

for sale

trustees.

VII. WHAS the sd A., in exercise of the power conferred Contract on him by the sd indre of mtge [& the statute in that behalf] has agrd with the sd C. for the sale, &c.

for sale by mortgagee under

power,

pts, express or

VIII. WHAS the sevl psons, pties hto of the first accdg to their sevl & respive shares, estes, intts, & powers, have resply agrd with the sd F. for the sale to him, for the sum of £, of the entirety of the hds, &c.

statutory.

Contract for sale by tenants in

common.

Contract

IX. WHAS the sd A., as such tenant for life as afsd, actg under the powers of the Settled Land Acts, 1882 to 1890 (e), for sale has agrd, &c.

&

under the Settled

Land Act. Contract where both

for sale

act under

x. WHAS the sd A., by virtue of the powers conferred on him by statute or "by the sd Act," or, "the sd Act & the Acts incorpd thwith," or, "the Act passed in the Session of Parliamt held in the yrs of the reign of her parties Majesty, intituled, &c.," or, "the Act Vict. c. -," or, statutory "the Act, 18-," has agrd to sell & the sd B. & C. authority by virtue of the powers vested in them by, &c., have agrd to pchase, &c.

XI. WHAS by a contract, dated, &c., & made, &c., the sd A. agrd with the sd B., subjt to the sanction of the Justice being obtained, for the sale to him, &c.

High Ct of

AND WHAS

Contract for sale, subject to approval of

settlement

(d) If the settlement has been previously recited (which is not usually Variation necessary), recite, “WHAS the sd A. & B. as the psent trees of where the sd indre of settlemt [will] & in psuance of the afsd power recited. [trust] in that behalf, & at the reqt (hby testified) of the sd C., have agrd, &c."

(e) If the sale includes the principal mansion-house or land occupied with it, and is made with the consent of the trustees, add here, "with the consent (hby testified) of the sd, trees"; see the Act of 1890, s. 10.

Court, and by an order of the Chy Divon of the High Ct of Justice, made on the day of in an action in wch

order (a).

Order

was plt, & & others defts [in the mre of, &c.], the sd condonal contract was confirmed & ordered to be carried into effect, or, "the sd A. & his succors in title, was & were authorised to carry the same into effect."

XII. WHAS by an order of the Chy Divon, made on, &c., the authorising sd A. was authorised to sell, &c.

sale of mansion

house, &c.,

tled Land

Acts (b). Contract for sale,

XIII. WHAS the sd A. lately contracted with the sd B. for under Set- the sale to him, for the sum of £, of the hds hby assured, but no convce thof has yet been exted to the sd B.: AND WHAS the sd B. has agrd with the sd C. to transfer to him the benefit of the sd contract upon the terms of the sd C. paying to him, the sd B., the sum of £, makg with the sd sum of £, agrd to be pd by the sd B. for the pchase of the premes as afsd, the sum of £

and subcontract.

Part of purchase. money to

remain on mortgage.

Agreement

for payment of purchase

money by instalments.

Valuation of timber (c).

Agreement

for apportionment

XIV. WHAS upon the treaty for the sd pchase it was agrd that the sum of £, pt of the sd pchase-moy, shd be secd to the sd A., with intt for the same at the rate of, &c., by a mtge of the sd pchased premes.

day of

XV. WHAS it has been agrd that the sd pchase-moy of shl be payable as follows, that is to say, £ upon the exon of these psnts, & the residue thof by four annl instalmts of £- each on the &c., with intt on the ppal sum for the time being unpd at the rate of p.c. p.a., to commce from the date of these psnts, & to be payable annlly with the instalmts of ppal.

shd be taken

XVI. WHAS by the sd parlars of sale it was stipulated that all timber & other trees of the value of £by the pchaser at a valuon to be made as thrin timber & trees on the premes comprd in lot been valued at £

mentd, & the

have accdly

XVII. WHAS upon the treaty for the sd pchase, it was agrd that the yrly sum of £ shd be the apportioned pt of the

(a) This may be used for a sale in an action, or of a mansion-house, or land occupied with it, under the Settled Land Acts, unless an order giving general authority to sell is obtained before the contract is entered into, as in the next form.

(b) See the rules under the Act of 1882, Form vi.

(c) The price of the timber would usually be added to the purchase-money without the need for this recital.

sd yrly rent of £

payable in respt of the hds hby assured, of rent but that the consent of the tenant to such apportionmt shd payable by not be required.

tenant.

mortgage

debt.

XVIII. WHAS the sd sum of £— remains owing to the sd State of A. on the secy of the sd indre of, &c. [indres of mtge & further chge], but all intt thron has been pd up to the date of these psnts, or, "WHAS there is now owing to the sd A. on the secy of, &c., the ppal sum of £, with the sum of £ for intt thron, makg togr £."

currence of

Various

cases.

XIX. WHAS it has been agrd that the sd sum of £- Agreement mtge debt & intt, shl be pd to the sd B., mtgee, out of the sd as to conpchase-moy, & that he shl join in these psnts in mner mortgagee. hinafter appearg [or, "that the sd pchase-moy shl be pd to the sd B. in pt dischge of the sd mtge debt so due to him as afsd"; or, "that the sum of £, pt of the sd pchase-moy, shl be pd to the sd B. in pt dischge, &c."; or, "the sd B. havg other sufft secy for the ppal moys & intt owing to him on the secy of the sd indre of mtge [indres of mtge & further chge] of, &c., it has been agrd that the whole of the sd pchase-moy shl be pd to the sd A., mtgor, & that the sd B. shl join, &c."].

Payment in discharge

of stock (d).

XX. WHAS the sum of £, pt of the sd pchase-moy of £, being the sum required at the current market rate to pchase the sum of £- 2p.c. Consold Stk, has been pd mortgage by the sd, pchaser, to the sd, mtgees, & has been invested by them in the pchase of that sum in their names in satisfon of their sd mtge debt.

XXI. WHAS the sd B. has agrd to join in these psnts for Agreement the pposes & in mner hinafter appearg.

XXII. WHAS the sd A. is desirous that the sd pchased premes

shl be conveyed to the uses & in mner hinafter expd.

of party to

concur.

As to form

of convey.

ance.

XXIII. WHAS it has been agrd that [the sd pchased premes The same. shl be assured & limd in the mner, & subjt to the rts & restrons hinafter set forth, & that] these psnts shl contain the sevl covts & stipulons hinafter expd.

XXIV. WHAS the sd, life tenant, being desirous that the sd Purchase hds so agrd to be pchased by him as afsd shl be added to &

(d) See National Debt (Conversion) Act, 1888, s. 21; ante, p. 71, note.

by tenant

for life for benefit of trust

estate.

Apportionment of purchasemoney between

held with the hds comprd in the hinbfe recited indre of settlemt, has agrd to pay the sum of £ out of his own pper moys to make up the pchase-moy for the same witht reservg or havg any claim or demand for reimbursemt of such sun or any pt thof or any equity in his favour by reason of such paymt, & is desirous that the sd hds shl be conveyed to the uses & in mner hinafter appearg.

XXV. WHAS for the ppose of the Act of Parliamt imposg ad valorem stamp duties upon convces on sale, it has been agrd that the sum of £, pt of the sd pchase-moy, shl be the copyholds price or conson for the sd freehd [& leasehd] hds, & that the sum of £ the residue thof, shl be the price or conson for the sd copyhd or customary hds.

and other

property

for stamp duty (a). Introductory to acknowledgment

for produc

tion of deeds (b).

The same,

for several sets of deeds.

XXVI. WHAS the sevl [deeds &] documts specified in the schdle hto, wch are in the posson of the sd A., relate as well to the hds hby assured [or, assured by the hinbfe recited indre] as to other hds of the sd A., & it has been agrd that the sd A. shl retain the sd deeds & documts, & give such acknmt [& undertakg] in relon thto as is hinafter contd.

XXVII. WHAS the sevl [deeds &] documts specified in the sevl schdles hto relate as well to the hds hby assured [or, assured by the hinbfe recited indre] as to other hds, & it has been agrd that the deeds & documts specified in the first schdle hto shl be retained by the sd A., that the deeds & documts specified in the second schdle hto shl be retained by the sd B. & C., & that the deeds & documts specified in the third schdle hto shl be retained by the sd D., & that such respive pties shl give such acknmts [& (as regards the sd A. & D.) such undertakgs] in relon thto as are hinafter contd.

(a) See the Stamp Act, 1891, ss. 58, 61.

(b) See the Conv. Act, 1881, s. 9. This recital is now usually omitted.

CONSIDERATION-RECEIPT (c).

and one

I. IN conson of the sum of £- — now (d) pd by the sd, One vendor pchaser, to the sd, vendor, [if the convce be witht recitals add, purchaser.

(c) See Elph. Introd. 67, 84, Elph. Interp., Chapter XI. The Conv. Act, Receipt for 1881 (s. 54), provides as to deeds executed after the commencement of the consideraAct that the receipt for the consideration in the body of a deed shall be tion. sufficient, without any further receipt being 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. There is therefore now no object in endorsing a receipt, except where, as in the case of some companies or public bodies, it is the practice to endorse a receipt signed by some official or agent.

solicitor.

The same Act, s. 56, provides that the production by a solicitor of a deed Payment to containing a receipt, in the body or endorsed, executed by the person entitled to give a receipt for the consideration, shall be a sufficient authority for the payment thereof to the solicitor, i.e., to the solicitor of the person to whom the money is expressed to be paid; Day v. Woolwich, &c., Society, 40 Ch. D. 491. As to the previous law, see Viney v. Chaplin, 4 Dr. 237; 2 De G. & J. 468; Ex parte Swinbanks, 11 Ch. D. 525. This will in ordinary cases save trouble by superseding the necessity for a special authority for such payment. Where the purchasers are trustees, they are protected in respect of the payment by the 66th section of the Act.

It was decided that the enactment in s. 56 did not apply where the Where vendors were trustees, as it did not abrogate or alter the rule that trustees vendors cannot in general authorize the payment of trust money to an agent; Re trustees. Bellamy, 24 Ch. D. 387; and it has also been decided (contrary to a dictum in Webb v. Ledsam, 1 K. & J. 385), that trustees cannot in general authorize payment to one of themselves (Re Flower, 27 Ch. D. 592); the result being that it was necessary that the trustees should all be personally present to receive the money, or that payment should be made to their joint account at a bank; but this, being very inconvenient in practice, has been altered by the Trustee Act, 1893, repealing, and by s. 17 re-enacting the Trustee Act, 1888 (51 & 52 Vict. c. 59), s. 2, which extended s. 56 of the Conv. Act, 1881, to trustees, although it does not empower them to delegate the receipt of the purchase-money to an agent except in that particular mode. The doctrine of Re Bellamy did not of course apply to mortgagees, nor doubtless to executors (who in this and other respects are not subject to the same strict rules as trustees); the new Acts, however, expressly extend to executors and administrators; see the Act of 1888, s. 1, and the Act of 1893, s. 50. It would seem from the principle of Re Bellamy, that payment to the solicitor would not be good under the Conv. Act, 1881, s. 56, where the conveyance is executed by the vendor by attorney, who has no power to appoint substitutes; Re Hetling, [1893] 3 Ch. 269.

Where it is desired to exclude the statutory authority, a notice counter

(d) Or, if preferred, "this day," or "upon or bfe the exon of these psnts."