Articles.

Neglect in complying

tions.

the hands of, &c., a deposit of £20 by way of advance, and in part payment of the first half year's

rent.

4. The person who is declared to be the highest bidder to enter into articles at his own expense for taking a lease of the messuage, farm, lands, &c., from the lessor, for a term of twenty-one years, to commence on, &c., at the rent bid by him, payable on, &c., and execute a counterpart thereof, (such lease and counterpart to be prepared by Mr. G. H., of, &c., solicitor, and the costs and expenses thereof to be equally borne by the said lessor and lessee,) and such lease and counterpart to contain the following covenants, (that is to say,) (set forth the intended covenants by way of abstract, see p. 69, No. 3,) and all other usual covenants between landlord and tenant, according to the custom of the country; and such person being the highest bidder to produce, at the time of executing the said lease and counterpart, (f) a sufficient and responsible surety, to be approved of by the lessor, to enter into a bond in a sufficient penalty conditioned for the payment of the rent, and performance of the covenants and stipulations to be contained in the lease and counterpart, so to be prepared as aforesaid.

5. If the purchaser shall neglect or refuse to with condi- comply with these conditions, he shall forfeit his deposit money to the lessor, who shall be at liberty to put up the messuage, &c., again by auction for letting; and if, upon such second letting by auction, the said messuage, &c., shall not fetch so high a rent as on the first letting by auction, the deficiency for the whole term for which the premises are put up and re-sold shall be made good by the defaulter, who shall pay all costs and expenses attending the second letting by auction; and in case the landlord shall not be able to make out a good title for grant

(f) Or say, "To produce, at the time of entering into the said articles for taking the lease, a responsible surety to enter into a bond with a suffcient penalty, and to be conditioned for the performance of such contract."

ing the lease, the deposit money shall be returned by the landlord to such highest bidder immediately after such default, with lawful interest for the

same.

(5.)

Conditions of Sale pursuant to an Order of the
High Court of Chancery.

1. THE purchaser of each lot is to pay his or her The purpurchase money into the court of chancery to the credit of the cause.

chaser to pay money to court of chancery. The pur

to hold the

2. The title deeds which relate to several lots shall be delivered to the purchaser of the largest chaser of the lot, except such deeds (if any) as may comprise largest lot property not disposed of at this sale; the party re- deeds. ceiving or holding the deeds to enter into the usual covenant for the production thereof, and for delivery of attested copies thereof, if required, to and at the expense of the respective purchasers of the other lots requiring the same, at whose expense all attested and other copies, and other documents that may be required, are to be had.

certain lot.

3. The entirety of the premises comprised in lots Title as to a 6, 7, and 8, having been purchased of, and conveyed by, the corporation of, the respective purchaser thereof, are not to require any evidence of title thereto prior to the several deeds of conveyance by such corporation.

bidding.

4. The vendors, under the direction of the court, Reserve reserve one bidding on each lot; and, therefore, if the sum offered shall not amount to the reserved price, the lot will be declared unsold.

to a road.

5. The premises in lot 1, will be sold subject Lot subject to the free use of the road therein mentioned by the occupier of the house, &c., comprised in lot 2, to and from the, but for the sole and private use only of such occupier; and also to the free use by such occupier, for his own private use only, of but he is immediately to carry away anything landed thereon, and not land anything there for

As to put

sale, or for any other purpose than his own private use; and also subject to the free use of so much of the said road as will be required by the purchaser of lots 3, 4, and 5, to enable them to enter and enjoy the pieces of land contained in such lots respectively.

6. If the highest biddings for the lots 2, 3, 4, and ting up lots, 5, should amount to the aggregate sum of £

and as to

biddings.

Provision in

take.

the said several lots shall be knocked down to the highest bidders respectively; but if such aggregate biddings should be less than £ -, then the property comprised in the said lots shall be put up for sale in a single lot; and if no advance should then be made on the amount of the aforesaid actual aggregate biddings, the property shall be then knocked down to such highest bidder respectively as aforesaid, provided such actual aggregate biddings shall not be less than the reserved prices to be fixed pursuant to the fourth condition of sale.

Lastly. If any mistake be made in the descripcase of mis- tion of the premises, or any error or mis-statement appear in the admeasurement of the lands described in any of the lots, such mistake or error shall not vitiate the sale, but a compensation or equivalent shall be given or taken as the case may require, such compensation or equivalent to be settled by the master in case the parties differ about the same; and any question which may arise between the vendors and purchasers in respect of this sale, or the title or conveyance of any of the premises, to be also determined by the said master.

Highest bidder.

N.B.-The above lots being sold under the high court of chancery, are free from auction duty.

(6.)

A general Form of Conditions of Sale.

1. THE highest bidder to be the purchaser; and if any dispute shall arise between bidders, the estate to be put up again.

2. No person to advance less than ten pounds at Advance in any bidding, or retract such bidding.(g)

biddings.

3. The purchaser to pay down immediately, into Deposit. the hands of Mr. M., (h) a deposit of £ per cent. in part of the purchase money, and be liable to a moiety of the auction duty, and sign an agreement for the payment of the remainder of the purchase money, on or before the day of, &c., next, from which time the purchaser shall be entitled to the rents and profits of the estate, and up to which time all outgoings shall be cleared by the vendor.

abstract to

tion of con

4. An abstract of the title to be prepared and Delivery of delivered at the expense of the vendor, (i) who purchaser, shall execute a conveyance at the purchaser's and execuexpense, on payment of the remainder of the veyance. purchase money, agreeably to these conditions; but should any delay occur in the completion of the purchase on the said day of, &c., (from any cause whatever,) the purchaser shall pay interest on the residue of the purchase money, and on the amount of the valuation mentioned in the eleventh condition, from that time up to the time of completing the purchase; but this provision is not to prevent the vendor requiring the completion of the purchase on the said day of, &c., or as soon after as may be.

tested copies

5. All attested, official, other copies or extracts As to at of deeds, wills, or assurances, not in the possession of deeds, &c.

(9) The latter part of this clause will prevent the bidder being at liberty Retracting. to retract his bidding, which, if not inserted, he would be at liberty to do. -Payne v. Cave, 3 T. R. 148.

(4) The auctioneer should hold the deposit until the time of the comple- Deposit. tion of the purchase, he being liable to an action for a return of the deposit, if the purchaser be entitled to recover it.- Burrough v. Skinner, 5 Burr. 2639; and see Gray v. Gutteridge, 1 M. & R. 614. 3 C. & P. 40; and see Spittle v. Lavender, 5 Moore, 270. 2 B & B. 452. And where the sale was not completed on account of defect of title, the deposit was recovered from the auctioneer, upon an account for money had and received, although he had paid it over to the vendor before the defect was discovered.-Id. But, until demand made of the deposit, it was held that he was not liable to pay interest.-Mitchell v. Hayne, 2 Sim. & Stu. 63.

It should always be stated in the conditions that the conveyance Preparation shall be prepared by, and at the expense of, the purchaser, to enable the of conveyvendor to maintain an action, or file a bill without tendering a convey- ance. ance.-Hawkins v. Kemp, 3 East, 410; and see Seward v. Willcock, 5 East, 198.

As to cove. nant for production of

by pur

of the vendor, and all certificates or copies of parochial or other registers, or evidence as to pedigrees, which may be required by the purchaser for the purposes of examination, or of verifying or proving the abstract, or any fact, matter, or thing, therein, or in the deeds or assurances contained therein, set forth, stated, or recited, or otherwise, or for any other purpose, and all deeds of covenants or assignments of terms, or documents for effecting the same, (should any such be necessary,) which shall be required by the purchaser, shall respectively be made and obtained at his expense.(j)

6. That as to such of the title deeds which concern this estate, as relate to other estates of greater title deeds value, the vendor shall retain the same in his chaser of the custody, and enter into the usual covenants (to be greatest lot. prepared by his solicitor, and at his expense) for the production of them to the purchaser, or respective purchasers; but all attested copies which may be required of such deeds, shall be had and made at the expense of the person requiring the same.(k)

As to the production of title to a

7. The piece of land called M. having been received in exchange in 18 , the purchaser shall not certain piece require production of any earlier title to that piece of land than the deeds of exchange dated, &c.;

of land.

Recital in deeds.

When sold in lots.

(j) Here may be added, "All recitals in title deeds made more than twenty years ago of births and marriages, heirships and descents, shall be accepted by the purchaser as an evidence of the facts so recited, without the vendor being liable to the production of certificates and pedigrees, or other documentary evidence in support thereof."

(k) If the estate be sold in lots the following may be inserted: "That the title deeds shall be retained by the vendor until all the estates now offered for sale shall be sold, when they shall be delivered over to the largest purchaser upon his entering into the usual covenants for the production thereof to the other purchasers; such covenants to be prepared by, and at the expense of, the person or persons requiring the same. Whilst the deeds remain in the seller's hands he shall produce them to the several purchasers when required, and every purchaser may at any time have attested copies of the deeds at his own expense,"

Or thus: "That all attested copies of the title deeds shall be made and delivered at the expense of the person requiring the same, unless his or her purchase money exceeds £, but does not amount to £—, in which case the vendor shall furnish the attested copies of all such deeds and writings as shall be deemed necessary, according to professional usage, at the joint expense of him and the purchaser; and if the purchase money exceeds £—, the vendor shall furnish the same at his own expense."