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said C. D., or his solicitor, an abstract of the title of him the sale or said A. B. to the said hereditaments and premises. That the said A. B. shall, on payment, on the said day of and convey.
- , at the said office of — , of the said sum of £- , remainder of the said purchase-money, execute, and procure to be executed, by all other necessary parties, (if any), a proper conveyance of the said hereditaments and premises, with their appurtenances, and the inheritance thereof, in fee-simple, free from incumbrances, unto the said C. D., his heirs and assigns, or to such uses as he or they shall direct (d); and that such conveyance shall be prepared by and at the expense of the said C. D., and shall be tendered or left by him on the said — day of — , at the said office of — , for execution by the said A. B. That the Purchase to be said purchase shall be completed on the day and at the
given day; place lastly hereinbefore mentioned, and the said C. D. shall, on that day, be let into the possession [or, into the receipt of the rents and profits] (e) of the said premises, and up to that day all outgoings (payable by the landlord] (e), shall be discharged by the said A. B. That if, from any cause
d on a
(d) It has been usual to insert in agreements for conveyances to Utility of con. purchasers the words, “or to such uses as he or they shall direct,” tract that ven
dor shall conor similar expressions; but they are by no means necessary. For as ve
O means necessary. To as vey to such uses the purchaser, by the contract, has acquired the absolute dominion as purchaser over the estate, he may, of course, direct it to be conveyed to such shall appoint. uses as he shall think fit. It has, indeed, been believed, that the insertion of these words would prevent the common limitation to uses to bar dower from operating as the revocation of a will, by which the purchaser might have disposed of his equitable interest in the estate, between the execution of the contract and the conveyance; (1 Sugd. V. & P. 179); but this does not seem to have been the correct view of the subject; (Bullin v. Fletcher, 1 Keen, 369, S. C.; 2 My. & Cra. 432); and the law, with regard to revocation of wills by the alteration of the testator's estate, has been put on such a footing by the 1 Vict. c. 26, s. 23, that it has become unnecessary to attend to the question at all. The words in the text have, however, been retained, as expressing the real intentions of the parties with greater accuracy than a simple stipulation to convey to the purchaser in fee.
(e) The words in brackets are to be used when the estate is let to a tenant, omitting those relating to possession.
sale of whatever, the said purchase shall not be completed on the FREEHOLDS.
said — day of the said C. D. shall pay interest and from that after the rate of £- per cent. per annum, on the remainder day purchaser to take the of the purchase-money, from that day until the purchase rents and pro. sholl ha fits, and pay in
shall be completed, and shall, from the same day, be en
titled to the possession, [or to the receipt of the rents and Compensation profits] (f) of the premises. AND, LASTLY, That if any
mistake (capable of compensation) be made in the description of the property, such mistake shall not annul the sale, but a compensation shall be allowed or given, as the case may require, and shall be settled by E. H., of &c., and G. H., of &c., (g), or an umpire to be appointed by them by writing before they commence their duty, and the decision of the said E. H. and G. H., if they agree, and of the umpire, if they disagree, shall be final. In Witness whereof, the said A. B. and C. D. have hereunto set their hands, the day and year first above written.
SALE OF COPYHOLD HOUSE AND FURNITURE.
AGREEMENT for the Sale of a Copyhold (a)
ARTICLES of AGREEMENT made and entered into this - day of — , 18—, BETWEEN A. B., of &c., [vendor],
(f) See note (e), in the preceding page.
(9) In case the parties do not wish to name referees at the time of the execution of the agreement, the form of agreement for the nomination of them may be taken from the form in the common Conditions of Sale, ante, page 32. Conditions vi.
(a) When a person contracts to buy a copyhold estate, he contracts to buy it subject to all the customs, fines, heriots, and burdens, to which it is subject by the custom of the manor of which it is holden. (Hanbury v. Litchfield, 2 My. & Ke. 629). And, therefore, a provident person, before he enters into any treaty respecting copyholds, will inform himself, at least of the amount of the fines and heriots,
Purchaser of copyholds has notice of the customs.
SALE OF COPYHOLD HOUSE AND
vendor is seised
of the one part; and C. D., of &c., [ purchaser], of the other part: WHEREAS the said A. B. is seised or entitled of or to All That capital messuage, ( parcels], being copyhold FURNITURE. of the manor of - in the county of , with the ap- Recital, that purtenances, for an estate of inheritance, to him and his of a mes heirs, according to the custom of the said manor, at, under, and entitled to
chattels; and subject to the rents, fines, suits, and services therefore due and of right accustomed; and the said A. B. is also absolutely entitled to certain fixtures, furniture, pictures, and other effects in or about the said messuage and premises : AND WHEREAS the said messuage and heredi- —that they
have been, for taments, with the said fixtures, furniture, pictures, and a certain time, other effects, have, since the day of , 18—, been occupied and
used by the occupied and used by the said C. D., as tenant to the said purchaser, A. B., but no rent hath been paid by the said C. D. for
paid; the same: AND WHEREAS the said A. B. and C. D. are that parties desirous of entering into such agreement with respect to the premises, as follows: Now EACH OF THEM the said Agreement to A. B. and C. D. (so far as relates to the acts and deeds on sell and pur
chase. his own part to be performed) doth hereby agree with the other of them, That the said A. B. shall sell, and the said C. D. shall purchase all that copyhold messuage and hereditaments hereinbefore particularly mentioned, with their appurtenances, and the inheritance thereof, according to the custom of the said manor, in possession, free from incum
desire to enter
and the occasions on which they are paid; the right of the copyholder to timber and minerals, and, generally, of the nature of the customs of the manor. But it may be observed, that if a man sells copyhold property subject to a condition that the purchaser shall take the timber at a valuation, he must produce evidence to satisfy the purchaser that the copyholder has the absolute and exclusive right to the timber, although, if nothing is said about the timber, and it is, therefore, included in the purchase of the estate, the purchaser, of course, can raise no objection in respect of the lord's claim to it.
There is considerable risk in purchasing a copyhold messuage with the intention of pulling down either the messuage itself or any of the outbuildings; for such pulling down, (even if the premises be re-built), may be waste, so as to incur a forfeiture of the tenement. (See Doc d. Grubb v. The Earl of Burlington, 5 B. & Ad. 507; and the authorities there cited).
COPYHOLD HOUSE AND FURNITURE,
SALE or brances, and also the aforesaid fixtures, furniture, pictures,
and other effects at or for the price or sum of £- (b), to
be paid by the said C. D. to the said A. B., in manner followConsideration. ing, (that is to say), the sum of £— , part thereof, immedi
ately on the execution of these presents, the sum of £- , further part thereof, on the day of — next, at the office of --, and £— , the remainder thereof, on the
- day of — , 18%, at the same office, but without
interest on the said sums of £— and £- , up to the Vendor to de. said respective days of payment thereof; That the said liver abstract;
A. B. shall, within — from the date hereof, at his own expense, deliver to the said C. D. or his solicitor, an ab
Apportionment (6) The Stamp Act (55 Geo. 3, c. 184) directs, that where lands of stamp duty.
or other property of different tenures or holdings, contracted to be sold at one entire price for the whole, shall be conveyed to the purchaser in separate parts by different instruments, the purchase-money shall be apportioned in such manner as the parties shall think fit, so that a distinct price for each separate part may be set forth upon the principal or only instrument of conveyance relating thereto, which is to be charged with the ad valorem duty in respect of the price therein set forth. The act further directs, that in the case of copyholds, (with certain exceptions), the surrender or voluntary grant, or the memorandum or copy thereof, shall be deemed the principal instrument. Hence, in the case in which copyholds are sold with any other property at an entire price for the whole, an apportionment must be made for the purposes of the conveyance, although, of course, no such apportionment is required in the agreement. If the property sold with the copyhold be made or be necessarily the subject of conveyance, the price may, and, of course, always should be so apportioned as to make the stamp duty of the lowest possible amount. But if, as in the case in the text, the other property be chattels personal which pass by delivery, it would be necessary to fix a fair proportionate value on the lands and the chattels, as otherwise the transaction might be treated as a fraud on the revenue. The last observation, too, applies to cases in which lands of any tenure are sold with chattels passing by delivery. It should be remarked, however, that it is perfectly legal to make the chattels objects of conveyance, and if that be done, the price may be apportioned on the ordinary principle of reducing the duty as much as possible; but it is more usual in the instrument of conveyance of the lands, to recite that the chattels have been delivered previously to the execution of the instrument, and thus to incur no stamp duty on the part of the price apportioned for them.
SALE OF COPYHOLD HOUSE AND FURNITURE.
stract of the title of him the said A. B. to the said messuage and hereditaments; That the said A. B. shall, on payment at the office aforesaid, of the said sums of £- and £ , on the said respective days of payment thereof, at —and convey the costs and charges of the said C. D., make and procure the all other necessary parties, (if any), to make a proper surrender according to the custom of the said manor of the said messuage and other hereditaments, with their appurtenances, to the use of the said C. D., his heirs and assigns, according to the custom of the said manor, free from incumbrances, but under and subject to the rents, heriots, fines, suits, and services therefore due and of right accustomed, from the 25th day of December last; and shall assign or and assign make over to the said C. D., all the said fixtures, furniture, th pictures, and other effects, in or about the said messuage and hereditaments, and shall execute a proper deed of covenants for the title, enjoyment, and further assurance of the said messuage, hereditaments, and premises, in the usual form and manner, such deed to be prepared by and at the expense of the said C. D., and to be tendered or left by him on the said — day of — , at the said office of — , for execution by the said A. B.; That the said C. D. shall Purchaser to continue to have the occupation of the said messuage and
buie said Messuage and cupy and use, hereditaments, with their appurtenances, and the use of rent free, till the said fixtures, furniture, pictures, and other effects, purchase.
to completion of until the completion of the said purchase (c), and that no rent shall be paid or payable by the said C. D. for the occupation of the said messuage and hereditaments, or the use of the said fixtures, furniture, pictures, and other effects, either before or after the date of these presents; That if, from any cause whatever, the said sums of £— Purchaser to and £— shall not be paid on the days hereinbefore pay interest on
continue to oc
(c) It seems probable, that an agreement of this nature operates as a demise from the vendor to the purchaser, till the day fixed for the completion of the purchase; for it is an agreement that the vendor shall divest himself of the possession, and the purchaser come into it for a determinate time, and such an agreement constitutes a lease. (See Bac. Abr. tit. Leases, K.; Wilkinson v. Hall, 3 Bing. N. C. 508, 532).