Imatges de pàgina
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*The references to the Notes not consisting of Forms, are printed in italics.

ABATEMENT,

A.

in case of error in parcels, agreement for, in purchase money, 24
ABSTRACT,

agreement to deliver, 7, 13

if, should not be delivered within a certain time, agreement to be void, 17
agreement to deliver, of one set of premises to CD on an exchange, 69
agreement to deliver, of the other set of premises, 70

ACCIDENTS,

before completion of purchase not to annul agreement, 10

ACT OF PARLIAMENT,

expenses of, to be borne by vendor, 9

purchaser to pay expenses of inclosure, 20

agreement to apply for, 98

to contain all proper clauses, ib.

parties not to obstruct the passing of, ib.

but quære as to the validity of such clause, ib.

every party to sustain an equal share of expenses of, 99

A B to be solicitor for obtaining, ib.

ACCUMULATION,

clause for (real estate,) 241

for (personal estate,) 253

trustees to stand possessed of for, 242

during the minority of an unborn person, void, ib.

clause for, 255

trust for, of profits of lands for twenty-one years, 265

of sum of money, 266

upon trusts for benefit of children, 266, 267

VOL. II.

сс

ACCUMULATION-continued.

term allowed for, 266

trust to invest profits of trade in order that they may accumulate, 311
ADMINISTRATION,

expenses of, to be borne by purchaser, 22

ADVANCEMENT,

provision for the, of children out of the rents, 238

out of personalty, 252

very short, 254

of single child, 256

of illegitimate child, 278

ADVOWSON,

recital of seisin of, 97

that Y Y is the present incumbent, ib.

agreement that on a vacancy AB will present such person to, as CD shall ap-
point, ib.

devise of, upon trust, 203

to present son when it shall become vacant, if qualified, ib.

but if son shall not be qualified, ib.

upon trust to present son-in-law, ib.

preference to be given to particular son-in-law, ib.

trust to present nominee of real owner, 204

provision that son and sons-in-law shall be appointed at any time, ib.
trust to present a person to, under an honorary engagement to resign, ib.
nature of the stipulation, ib.

AGENT,

recital of agreement to act as, for solicitor in the country, 138

for bond for, ib.

condition that if obligor shall pay all monies which shall be due to, bond shall

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trustees and another, ib.

mutual covenants by each party with the other, to perform the agreements to be
performed by him, ib.

for the sale and purchase of property

that vendor has contracted for sale of premises ib.

testatum, whereby in consideration of purchase money, vendor covenants to

convey the premises on or before the

day of

covenant by purchaser to pay purchase money, 4

description of parcels in, 4.-See PARCELS.

vendor agrees to sell, 7

to deliver abstract, ib.

ib.

expenses of abstracts and conveyance to be equally borne by vendor and
purchaser, ib.

that necessary parties shall execute conveyance, 8

purchaser agrees to pay consideration money, ih.

conveyance, &c. to be at purchaser's expence, and the conveyance to be ap-

proved by the counsel or solicitor of each party, 9

AGREEMENTS-continued.

and each to pay his own fee, ib.

that the expenses of any fines or recoveries, assignment of terms not be-
fore assigned, shall be borne by vendor, ib.

expenses of act of parliament, shall be borne by vendor, ib.

agreement respecting arrears of rent, ib.

purchaser to have possession on, &c, ib.

vendor to pay rates, &c. to a given day, 10

buildings to be insured by vendor until completion of contract, ib.
accidents before completion of purchase not to affect the agreement, ib.
agreement by vendor to surrender copyholds, 10

and covenant for the title, 11

that on surrender, purchaser will pay purchase money, ib.

the purchaser shall pay expenses of surrender, ib.

and vendor of fine or recovery, ib.

agreement to sell life estate, ib.

that vendor shall convey an estate for life, 12

death of vendor or nominee shall not avoid contract, ib.

agreement to sell leaseholds, ib.

vendor to deliver abstract, 13

that vendor shall assign, ib.

and will procure lessor's consent, ib.

purchaser to pay rents and perform covenants, ib.

to execute defeazance reviving condition, 14

recital that vendor carries on business, ib.

testatum, that in consideration of purchase money, vendor covenants to
use every exertion to get his customers to employ purchaser, ib.

and will not set up the same trade, ib.

covenant by purchaser to pay purchase money by instalments and interest
for the same, 15

timber to be valued by arbitrators, ib.

and if they disagree, by umpire, 16

purchaser not to pay more than a stipulated sum, ib.

provision on the failure of appointing arbitrators, ib.

purchaser to pay value of timber, ib.

and expenses of appraisement, 17

that purchaser shall take fixtures and furniture at a valuation ib.

if abstract should not be delivered, and title deduced within a given time,
agreement to be void, ib.

declaration that time shall be the essence of the agreement, 18

if purchase money be not paid, purchaser to pay interest, ib.

agreement that purchaser shall pay part of purchase money on the day
of and secure the rest by a mortgage, 19

vendor to retain title deeds, and at his own expense covenant to produce
and deliver purchaser attested copies thereof, 19

purchaser to have title deeds, and to covenant to produce them and give
vendor copies thereof, 20

to be at the expense of discharging incumbrances, ib.
to pay a share of the expenses of an inclosure act, ib.
vendor not to produce remote title to certain piece of land, 21
that no evidence shall be required anterior to a certain will, ib.

on evidence to be required of certain facts, where there are recitals thereof
in deeds thirty years back, 22

expenses of administration to be borne by purchaser, ib.

AGREEMENTS-continued

that the expenses of assigning a particular term, shall be borne by purcha-
ser, ib.

expenses

of evidence of title to be borne by purchaser, ib.

that all deeds relating to other property shall be retained by vendor, who
shall covenant for their production, 23

title of lands given in exchange not to be required, ib.

no title to be required anterior to inclosure act, ib.

vendor not to identify new with old description, further than as appears by
abstract, ib.

vendor not to be required to get in legal estate, ib.

description of property to be taken as correct, and no abatement to be
made, 24

abatement to be made, ib.

any disputes as to sale to be referred to arbitrators, ib.

recital that title is defective, ib.

that purchaser should enter into possession thereof, but that no convey-
ance should be taken, 25

that certain deeds are missing, ib.

transfer of part of purchase money into names of trustees, ib.

declaration that they shall stand possessed thereof upon certain trusts, for
the security of purchaser, ib.

covenant by vendor to use every exertion to procure deeds, ib.
that only a [28] years title can be made to a certain close, 26
that purchaser should be indemnified, ib.

declaration of trusts of part of purchase money, ib.

to keep the purchaser indemnified against all claims on account
of such defect for twenty years, ib.

and if purchaser shall sustain damage, to repay the same to
him, ib.

and subject to the trusts to pay interest to vendor, 27

and if no claim, &c. shall be made to transfer the same to ven-
dor, ib.

but if loss shall be sustained, to indemnify him fully, ib.

proviso that if claim shall be prosecuted beyond twenty years,

indemnity to continue, 27

covenant by vendor, that if purchaser is desirous of disposing of property,
and if defect shall not have been remedied, vendor will purchase the
same at the sum of pounds, 28.

covenant by purchaser to convey the premises, ib.

proviso that agreement shall not be construed to be a mortgage, ib.

that if defect shall be remedied, agreement shall be void, 29

clause whereby each of the parties binds himself in the sum of

pounds, ib.

stipulation, that on breach of covenant by one party, a sum to be paid by
way of liquidated damages, 29

for mortgages, 30

recital of agreement for the loan of a sum of money, ib.

of deposit of title deeds, ib.

agreement to execute mortgage, ib.

that conveyance shall contain all usual covenants, 30

power of sale to be inserted in conveyance, 31

as also clauses for insurance and repairing, ib.
recited contract for purchase, ib.

AGREEMENTS-continued.

and agreement that part of the purchase money should be paid immedi-
ately, which purchaser hath accordingly done, 31

and that the residue thereof should be secured in the manner hereinafter
mentioned, ib.

testatum, whereby in consideration of sum already paid, and of sum to be
paid, vendor agrees to stand possessed of premises subject to proviso, ib.
provision that if purchaser shall pay residue of purchase money by three
half yearly instalments and interest, vendor will make over the premises
to purchaser, 32.

covenant by vendor for title, 33

that the lease is good, ib.
good right to assign, 34
for quiet enjoyment, ib.

free from incumbrances, 34

and for further assurance,

35

provision that it shall be lawful for purchaser to enter and enjoy the premises
until default shall be made, ib.

covenant by purchaser to pay the residue of the purchase money, 36
and that if default shall be made in payment of residue, it shall be lawful
for vendor to enter and to hold the premises, ib.

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by husband and wife to grant, ib. n.

covenant that when lessee shall have built a house, lessor will demise, ib.
where lessor has only a term, ib. n.

that when certain works shall be finished, lessor will grant a lease, 42

where lessor has only a term, ib. n.

for years, months, or weeks, ib.

rent to be payable quarterly in advance, ib.

to be payable monthly or weekly, 43

peppercorn rent, 43. n.

lessee to hold the same for years at a certain rent, ib.

to hold the same paying the rent of, ib.

to hold a farm, ib.

that lessee may hold until notice to quit, 44

lessee to leave premises in good condition, ib.
to replace crockery, &c. ib.

lessor to pay taxes, &c. ib.

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