Several vendors

Where vendors are a company

"for the pchase of the fee simple in posson of the hds hby assured," or "for the pchase of the inhance in posson of the hds hby covted to be surrendered," or "for the pchase of the hds hby assnd,"] (the rect whof the sd, vendor, doth hby acknowe).

II. IN conson of the sum of £ now pd by the sd, and several pchasers, to the sd, vendors, in the proportions & mner follg, purchasers. namely, £ to the sd A., &c. (a) (the rect whof [of wch respive sums] they, the sd, vendors, do resply hby acknowe). III. IN conson of the sum of £ now pd by the sd, pchaser, to the sd, Co or corporon, or, "to the acct of the sd, or corpora Co or corporon, at the Bank" (the rect whof the sd, Co or corporon, do hby acknowe, or, "the rect whof is intd to be acknowed by a mem endorsed on these psnts signed by, some officer or agent, & the paymt whof the sd, Co or corporon, do hby also acknowe").

tion.

On sale by mortgagor and mortgagees, part of

IV. IN conson of the sum of £ now pd by the sd, pchaser, at the reqt of the sd, mtgor, in mner follg, namely, the sum of £, pt thof, to the sd, mtgees, in full [pt] dispurchase- chge of the moys owing to them under their sd mtge secy as afsd (the rect whof the sd, mtgees, do hby acknowe), & the sum of £, the residue thof, to the sd, mtgor (the rect & paymt in mner afsd of wch respive sums, makg togr the sd pchase-moy of £——, the sd, mtgor, doth hby acknowe).

money being paid to the latter.

Release of a debt owing to purchaser.

Authority by vendors

for payment of purchase.

money or

deposit to solicitors.

v. In conson of the sum of £so owing by the sd, vendor, to the sd, pchaser, as afsd, from the paymt whof & from all

manding it should be sent to the solicitor of the purchaser or other party by whom the money is payable. The following is a form of express authority for payment to the solicitor :

"To C. & D., pchasers.
Sale of ppty in

We hby authorise & reqt you to pay to our solor, X., of, &c., the amt of the deposit [pchase-moy] payable by you to us on the exon of the agrmt for [complon of] the sale of the above-mentd ppty. Dated, &c.

B. } vendors."

(a) If the vendors are all absolute beneficial owners the purchase-money may be expressed to be paid to them jointly on their joint receipt without any apportionment; see Lewin, 476, 669.

claims & demands in respt whof the sd, pchaser, doth hby rele the sd, vendor, his hrs, exs & ads, & in conson of the further sum of £ now pd by the sd, pchaser, to the sd, vendor (the rect of wch sum of £- makg with the sd sum

the sd, vendor, doth

havg immedly bfe the

Transfer of vendor or

stock to

VI. IN conson of the sum of £ exon of these psnts been applied by the sd, pchaser, in the pchase in the name of the sd, vendor [mtgee], of the sum mortgagee. of £2p.c. Consold Stk (the pchase in mner afsd of wch sd sum of stk, the sd, vendor [mtgee], doth hby acknowe).

VII. IN conson of the sd sum of £

into Court.

havg been pd into Money paid Ct as hinbfe is recited (the paymt whof is hby acknowed). VIII. IN conson of the rent-chge hinafter limd & seed to Rentthe sd, vendor, & of the covts by the sd, pchaser, hinafter contd.

charge.

tion appear

IX. IN conson of the respive paymts & mres hinbfe recited Considera& of the premes [& of the covts by the sd, pchaser, hinafter ing from contd, & for the other consons hrin appearg].

recitals or other parts

PARCELS (b).

of deed.

REAL ESTATE.

1. ALL THAT pce of land contg [by estimon, or, "admeasure- Land and mt," or, "accdg to a recent admeasuremt"]

roods, &

ship] of

acres,

perches or thrabts, situate in the parish [town-
in the coy of

,

& bounded on or towards the

north by land now or late of A., on or towards the south by

- to

the high road from
on or towards the west, &c.,
AND ALSO all that other pce of land contg, &c., situate, &c., &

(b) See 1 Dav. Prec. p. 61 et seq., 275 et seq.; Elph. Introd., 89, Elph. Interp., 153. See other forms under the heads, LEASES (HOUSES, &c.), LEASES (MINING), SETTLEMENTS (PERSONAL), and SETTLEMENTS (REAL).

houses.

bounded, &c., togr with the messe or tenemt & outbldgs erected or standg on the sd last-mentd pce of land, all wch premes were lately in the tenure or occupon of his

undertenants or assns, & are now in the tenure or occupon of, Copyholds. &c. [for copyhds add, to wch premes the sd A. was admitted tenant out of ct, or, at a ct held for the sd manor," on the day of on the surrender of X., or, "as the hr of Y.

The same. Another form.

House in town (a).

Newlyerected houses.

Several pieces of land.

deced "1.

66

II. ALL THAT messe or tenemt, yard, garden, & outbldgs, & all those pces of meadow or pasture land adjoing thto & held thwith, situate, &c., & contg, &c., & now known as [boundaries as in form I.; or referce to plan, see form XII., & tenancies].

III. ALL THAT messe or tenemt with the yard, garden, coachhouse, stables, offices & outbldgs thrunto belongg, situate & being No. on the west side of street, or, "known as, &c., situate in the road," in the parish of in the coy of, & contg in width frontg, &c., ft, & at the back or rear thof ft, & in depth on the west side thof ft, & on the east side thof ft, be the same sevl dimensions little more or less, & abuttg towards the west, &c., &c. [add referce if need be to plan, see form XII., the dimensions & abuttals being in that case given on the plan, & tenancies].

IV. ALL THOSE pces or plots of land situate, &c. [& lately formg pt of certn fields or closes of land known as, &c.], & all those messes or dwg-houses, shops, & outbldgs erected or now in course of eron on the sd respive pces or plots of land & known as or intd to be called Nos.

in form XII.].

&

street [add referce to plan if thought necy, see

V. ALL THOSE pces of land & hds, situate, &c., contg in the whole, &c., or thrabts, & with the respive quantities & boundaries thof hinafter more parlarly mentd (that is to say), first a pce of land called, &c., contg, &c., & bounded, &c., secondly, &c., &c., be the sd respive quantities little more or less [or howsr orwise the sd respive lands & premes may be called, known or bounded], wch premes were formerly in

(a) As to the description where the vendor owns two buildings, one partly overhanging the other, see Laybourn v. Gridley, [1892] 2 Ch. 53.

the tenure or occupon of, &c., & are now in the occupon

of

VI. ALL THAT messe or farm-house with the outbldgs & the Farm. sevl closes or pees of land known as the farm, situate in

the parish of

& coy of, & comprisg in the whole

acres, &c., or thrabts [add parlars as in last form, or by referce to schdle & plan, & tenancy].

piece of

measure

VII. ALL THAT pce of land situate, &c., the boundary line A small whof startg from the north corner thof runs towards the irregular south-east next the road ft, & then breaks north- land, with eastward ft, & from thence runs south-eastward ft, ments in & then returns towards the south-west towards the north-west in a curved line land next hinafter mentd east back to the startg point next, &c.,

ft, & then

ft, & then runs feet.
adjoing the pce of
towards the north-
ft., add tenancy.

VIII. ALL THOSE the manors or lordships or reputed manors Manors (b). or lordships of, &c.

house and

IX. ALL THAT mansion-house with the park, gardens, bldgs, Mansionlands, & hds occupied or held thwith, known as the contg, &c. [referce to schdle & map, see form XII.].

este, estate.

X. ALL THAT land covered with water, situate, &c., called or Lake. known as — lake, & estimated to comprise

thrabts, now in the tenure or occupon of, &c.

acres, or

adjoining

river (c).

XI. ALL THOSE pces of land, &c., &c., togr with half the bed Land or soil of the river where the same adjoins the sd respive pces of land, & the rt of fishing in the sd river, & all rts incident to the ownership of such half of the bed of the sd river, & all such other rts in or over the sd river, & the bed, soil, & water thof, as the sd, vendor, is entled to as owner of the lands hby conveyed.

XII. ALL THAT, &c., situate, &c., wch premes are more parlarly desed in the schdle (d) hrunder written & [with the

(b) See p. 264, note. Elph. Interp. 592.

Reference to schedule

and plan.

(c) As to the presumption that half the bed of a river or half the soil of a Rivers and highway passes under a grant of adjoining land, and how it may be rebutted, highways. see Micklethwait v. Newlay Bridge Co., 33 Ch. D. 133; Duke of Devonshire v. Pattinson, 20 Q. B. D. 263; Pryor v. Petre, [1894] 2 Ch. 11; Elph. Interp., 179 et seq., and as to the effect of a gradual change of the bed see Hindson v. Ashby, [1896] 1 Ch. 78.

(d) The schedule of parcels may be divided into columns containing, 1, the numbers on the map; 2, the names by which the fields, &c., are commonly known; 3, the state of cultivation, &c.; 4, the acreage ; and 5, the names of the tenants.

Reference to deposited plans and books of reference.

Schedule and plan not to control description in body of deed (c).

As to use of plan.

As to
Ordnanee
Survey.

respive boundaries, or, "abuttals," thof] are for greater
clearness delineated or shown on the map or plan (a) annexed
hto, or, "drawn in the margin," or, "on the back of the
skin," of these psnts, & thrin coloured red, or, "thrin
surrounded by a red verge line," [such schdle & map being
resply taken from the ordnance survey map of the sd parish
of & the book of referce to such survey (b)].

XIII. ALL WCH premes are delineated in the plan drawn in the margin of these psnts & thrin coloured red, & in the same plan & also in the deposited plans & books of referce of the sd railway for the sd parish of are distinguished by the

nos resply.

XIV. ALL THOSE, &c., [pcels with referce to schdle & plan] wch schdle & plan are intd & shl be taken merely as assistg & explaing the description hinbfe contd & not as in any way governg, controllg, restrictg or enlargg the same in the event of any variance or discrepancy betn the sd schdle or plan & the sd description, [and all other (if any) the messes,

(a) As to the care requisite in the use of a plan, see 2 Dart, V. & P., 1093, 1094; Micklethwait v. Newlay Bridge Co., 33 Ch. D. 133. The description should not be entirely dependent, as it sometimes is, on the colouring of the plan; to guard against this, the acreage or dimensions in square yards, or the lateral dimensions in feet (if a small property), should be given in the body of the deed or schedule, and not on the plan only. Colouring by a verge line makes it more difficult to tamper with the deed. If it is desired to guard against the plan controlling the description, form XIV., infra, may be used. There are perhaps few things in which more carelessness is to be met with in proportion to their importance than the preparation of plans; but the use of the Ordnance map minimises the risk of error. It would greatly simplify the examination and comparison of parcels in abstracts if the points of the compass were always marked on plans, with the North at the top.

(b) A discrepancy between the quantities in the muniments and the Ordnance Survey may arise from the acreage in the latter being always measured to the centre of the hedge, without regard to the ownership of the hedge and ditch. It was formerly common to refer to the map and book of reference of the tithe apportionment, but this, though most useful in its day, and still so as an aid in identifying parcels in investigating titles, is becoming superseded for this purpose by the Ordnance Survey; and the prospect of the latter becoming the basis of a general system of registration of titles (should such a system be hereafter established), is an additional reason for using it in conveyancing transactions. As to the use of the Ordnance map as evidence of boundaries see Caton v. Hamilton, 53 J. P. 504.

(c) Or the following may be used: "WCH premes by way of identificon, & not of limiton, are delineated, &c."