To be signed by auction

THE FOLLOWING ARE THE MEMORANDUMS OF AGREE-
MENT USUALLY WRITTEN UNDER, OR SUBJOINED
TO, THE CONDITIONS:-

(1.)

"I do hereby acknowledge that E. F. hath this eer or agent. day been the highest bidder and become the purchaser of lot 5, as described in the particulars of sale above written, (or hereunto annexed,) at the sum of £ and that he has paid into my hands the sum of £ -, as a deposit, and in part of the purchase money; and I do hereby agree and declare, that the said particulars, and the several conditions subjoined thereto, on the part of the said vendor, are and shall be considered as the terms and conditions of the said sale on his part, and to be by him fulfilled and observed accordingly." As witness my hand this, &c.

To be signed by the purchaser.

A short

form.

Receipt for purchase money.

(2.)

"I do hereby acknowledge that I have this day purchased by public auction the lot 5, as described in the annexed particulars of sale, upon and subject to the conditions thereto subjoined, at the sum of £, and I do hereby engage to perform the said conditions on my part accordingly." As witness my hand, &c.(g)

(3.)

"It is hereby agreed and declared, by and between A. B., of, &c., the vendor of the estate mentioned in the foregoing particulars of sale, (if the agent signs, say by C. D., of, &c., his agent duly authorized in this behalf,) and E. F., of, &c., that he, the said E. F., has become the

(g) A receipt for the purchase money is an agreement within the statute.-Coleman v. Upcot, 5 Vin. Abr. 527. Buckhouse v. Crossby, 2 Eq. Ca. Abr. 32. But every agreement must be stamped before it can be read; and as this ought to be done, the court will perimit a cause to stand over to get the agreement stamped, and will assist either party in obtaining it for that purpose.

purchaser of the hereditaments mentioned and comprised in the foregoing particulars, and that the sum of £ hath this day been paid down by the said C. D. to the said, &c., by way of deposit, and in part of the said purchase money: and that the said particulars and the foregoing conditions of sale shall be taken as the terms of agreement for the sale and purchase respectively, and enter into articles as soon as the same can be prepared for completing the purchase, agreeable to the said conditions of sale."' As witness, &c.

THE FOLLOWING ARE THE NOTICES OF APPOINT-
MENT OF A RESERVED BIDDER, AND OF HIS
ACCEPTANCE THEREOF, TO BE DELIVERED ΤΟ
THE AUCTIONEER :—(h)

(1.)

"To Mr. C. D., auctioneer.

Notice of

appointment

"Take notice, that I, the undersigned A. B., of a reserved of, &c., the proprietor of the messuage and here- bidder. ditaments advertised to be sold by auction this day, by you, at, &c., have appointed Mr. E. F. to bid for the same; and that if he shall buy in the same premises at such sale, it will be solely on the account and for the use of me, the said C. D., the owner thereof." Dated, &c.

(2.)

"To Mr. A. B., auctioneer.

Notice of

by reserved

"Take notice, that I, the undersigned E. F., acceptance have accepted the above appointment, and that if bidder.

(h) If the owner of estates sold by auction, or any other person on his Buying in. behalf, buy in the same without fraud or collusion, no auction duty will become payable, (see 19 G. III., c. 56, s. 12,) provided notice be given in writing (28 G. III., c. 37, s. 20) to the auctioneer before such bidding, signed by the owner, and the person intended to be the bidder, the latter being appointed by the former, and having agreed accordingly to bid at the sale for his use, and provided the delivery of such notice be verified by the oath of the auctioneer, and also the fairness of the transaction to the best of his knowledge. The known agent of the owner may give such notice, or appoint a bidder in the same manner as the principal, such notice being verified as aforesaid. Every notice must be produced by the auctioneer, at the time of his passing his account of the sale, to the officer authorised to pass the account, and left with the offoer.-48 G. III., c. 93, s. 1.

Cases as to memoran

dums signed

lars and conditions of

sale.

I shall bid for or buy in the above-mentioned premises advertised to be sold by auction by you, this day, the same will be bid for, purchased, and bought in, by me, for the sole use of the said C. D., as the owner or proprietor thereof." Dated, &c.

Where a memorandum indorsed on the conditions of sale is signed by the purchaser only, and letters in particu- are subsequently written by the vendor to the purchaser's attorney, distinctly referring to the contract, and insisting upon the completion of the purchase, this contract and the letters together constitute a sufficient note or memorandum within the statute of frauds to enable the vendee to sue the vendor (although he did not sign the agreement) for the expenses of investigating the title if defective.(i) And where, upon the face of such contract or by reference, it does not appear of whom the property is purchased, letters written by persons in the character of vendors may be connected with the contract for supplying this defect.(j)

A purchaser was held bound by his contract where he purchased leasehold premises at an auction, and signed a memorandum of the purchase on the back of a paper containing the premises, the name of the owner, and the conditions of sale, although the same was not signed by the vendor.(k)

The signature of the auctioneer's clerk as a witness is not a sufficient signing as agent for the vendor to satisfy the statute of frauds.(1)

It appears that a purchaser may recover his deposit, and duty paid to the auctioneer, upon his abandoning an unwritten contract for sale of land

(i) Dobell v. Hutchinson, 5 Nev. & M. 251. 3 Adol. & Ellis, 355. 1 Har. & Woll. 394.

(j) Id.

(k) Laythoarp v. Bryant, 2 Bing. N. R. 735.

(1) Gosbell v. Archer, 4 Nev. & M. 485. 2 Adol. & Ellis, 500. 1 Har. & Woll. 31.

on defect of title; but the expenses of investigating the title cannot be recovered without proof of a written contract binding on the vendor, nor interest upon the deposit.(m)

It seems that the auction duty becomes payable Auction though the sale is imperfect. (n)

duty.

An auctioneer cannot, in conducting a sale by Auctioneer. auction, deviate from the strict terms of the conditions; if he does he will be personally amenable for all the consequences of his so doing, as well in respect of his liability to actions to be brought for duties demandable as against him, as of losing his right to bring actions for remedies to which he might otherwise resort; and the proper course to be pursued by him as such auctioneer, where he has been called upon to pay the officer of the crown the duties on a sale by auction, is to proceed by action on the implied assumpsit raised by law against the vendor as his employer, which he may maintain if he has acted properly in conducting the sale, leaving the owner his remedy against the bidder on the expressed contract arising on the terms of the conditions. (0)

If an auctioneer's bond to the crown, under 19 G. III., c. 56, s. 7, is forfeited, the penalty is due, and is not merely a security to compel an account.(p)

Several.

Joint and several.

Several for

and wives.

COVENANTS.(g)

(1.)

Covenant by several, each for himself alone.

AND each and every of them the said A. B., C. D., and E. F., so far as relates to his and her own acts and deeds, but not further or otherwise, doth hereby for himself and herself, his and her heirs, executors, and administrators, covenant, &c.(r)

(2.)

By two, jointly and severally.

AND the said A. B. and C. D. do hereby for themselves, their heirs, executors, and administrators; and each of them doth for himself, his heirs, executors, and administrators.(8)

(3.)

By three or more severally as to their own Acts, and Acts of their respective Wives.

AND each and every of them, the said A. B., themselves C. D., and E. F., severally, separate, and apart, from the others of them, doth hereby for himself and herself, and his and her respective heirs, executors, and administrators, and as, to, and concerning only the acts, deeds, and defaults, of himself and herself respectively, and his and her respective heirs, executors, and administrators, and also of (9) For general covenants, see "Leases."

Variation.

(r) Or thus: "And the said A. B., so far as relates to his own acts and deeds only, but not further or otherwise, doth for himself, his heirs, executors, and administrators; and the said C. D., so far, &c., doth, for himself, his," &c.

(s) Or thus: "And the said A. B. and C. D. do hereby jointly for themselves, their (heirs), executors, and administrators, and each of them severally doth hereby for himself, his (heirs), executors, and administra tors, covenant and declare to and with the said E. F., his," &c.