UNDER THE DIRECTION OF

and deduce a good title thereto, to them the said A. B., C. D., FOR PURCHASE E. F., G. H., and I. K., subject as hereinbefore is mentioned, except that as to a small part of the

marsh, numbered in the said schedule, and which was acquired by exchange in straightening the boundary, no other title shall be required than the possession of the said vendors, inasmuch as the said exchange was never effectuated by any conveyance or assurance, but simply by the transfer of possession, consequent upon the straightening of the boundary as aforesaid.

THAT the production and inspection of all deeds, evidences, and muniments of title, which are not in the possession of the vendors, and the expense of all journies incidental to such production or inspection, and the procuring and making of all certificates attested or stamped, office or other copies, or extracts, of or from any registers, deeds, wills, or other documents, and of all declarations, or other evidence as to identity, whether required for the verification of the abstract or for any other purpose, shall be at the expense of the said N. O. and P. Q., or of the said trust fund standing in the name of the said Accountant-general.

THE COURT OF CHANCERY.

and as to the expense of attested copies, and evidence not in the vendors' possession.

for errors and

THAT in case a good title shall fail to be deduced to any undi- If the title fail vided part or share of the said premises, or to any part of the said as to any undivided part, premises, except as hereinbefore particularly mentioned, this pre- the contract to be wholly void. sent contract shall be void, as to the entirety of the said premises. THAT, inasmuch as the description of the property, in the said Compensation schedule to these presents, is taken from a recent survey, it shall to be allowed be considered and taken to be correct, and if any error or mistake mistakes. shall appear in the said schedule, the sale shall not thereby be annulled, nor shall any compensation be allowed or given in respect thereof, unless the same shall relate to the amount of rents or incumbrances, in which case, a compensation shall be allowed or given by the vendor or purchaser, as the case may require. THAT the said A. B., C. D., E. F., G. H., and I. K. shall, on Agreement as the said day of 18, or as soon thereafter as a proper order shall have been made by the said Court of Chancery, for the completion of the said purchase, and the payment of the said sum of £- execute and procure to be executed by all other necessary parties (if any) a proper conveyance and settlement of the said manors, messuages, farms, lands, tenements, franchises, and hereditaments, with their rights, members, easements, and appurtenances, and the fee-simple and inheritance thereof, free from incum

to the conveyance;

UNDER THE

DIRECTION OF
THE COURT

FOR PURCHASE brances, (except as aforesaid), to, for, and upon such uses, trusts, intents, and purposes, and in such manner as the said Court of Chancery shall direct, and that such conveyance and settlement shall be prepared by and at the expense of the said N. O. and P. Q., or of the said trust funds standing in the name of the said Accountant-general as aforesaid.

OF CHANCERY.

-as to the day for the completion of the purchase;

-the rents and
profits, from
the day fixed
for completion
till the actual
completion, to
belong to the
vendors.

THAT the said purchase shall be completed on the said

day of
18—, and the said N. O. and P. Q. shall on that day
be let into the receipt of the rents and profits of the said manors,
messuages, farms, lands, tenements, franchises, and hereditaments,
and, up to that day, all outgoings payable by the landlord shall be
discharged by the said A. B., C. D., E. F., G. H., and I. K.
THAT if, from any cause whatever, the said purchase shall not
be completed on the said day of, 18-, the said A. B.,
C. D., E. F., G. H., and I. K. shall not be entitled to interest on
the said purchase monies, but shall be entitled to the rents, issues,
and profits of the said manors, messuages, farms, lands, tenements,
franchises, and hereditaments, until the said purchase shall be
completed, in manner following, (that is to say), to the entirety of
all rents, issues, and profits which shall have actually accrued due
and become payable before the completion of the said purchase,
and to a proportionate part, up to the day of completion, of all
rents, issues, and profits which shall accrue due and become pay-
able after the completion of the said purchase, such last-mentioned
proportionate part to be paid by the said purchasers at the time of
the completion of the said purchase. IN WITNESS &c.

THE SCHEDULE referred to in the above-written agree

ment.

TO THE

INTRODUCTION

AND TO

THE NOTES OF THE WHOLE WORK.

ABSTRACT

of title, definition of, i. 1.

by whom to be prepared, delivered, and demanded, i. 45; iii.

31.

verification of, i. 46; iii. 48, 50.

requisitions on, i. 4J.

ACCUMULATION

of income, law relating to, v. 36, 37, 141.

ADEMPTION,

by removal of legacies of specific chattels, v. 3.

payment of a debt specifically bequeathed, v. 119.

ADVANCEMENT,

power of, in marriage settlements, iv. 320.
satisfaction of portions by, iv. 518.

ADVOWSON. See SIMONY, PRESENTATION.

title to, which purchaser can require, i. 48; iii. 115.

disposition of presentation falling during contract for sale, iii. 116.

mortgagee of, must present nominee of mortgagor, iii. 117.

AGREEMENT (continued).

if not under seal, " heirs" should not be named in, iii. 100.

to sell at a valuation, iii. 127.

exercise powers, iii. 162.

AGREEMENTS FOR LEASES.

construction of, iv. 4—10.

principles for framing, iv. 9.
inexpediency of, iv. 10.

nature of tenancy under, iv. 10.

should specify the intended clauses and covenants, iv. 13.

agreement that lease shall contain usual clauses and covenants, iv.
14-16.

ALIENATION.

ALIENS

See ANTICIPATION.

right of, cannot be taken away, except from a married woman, iv.

367.

but property may be so settled as to go over on voluntary alienation,

iv. 368.

and in certain cases on alienation by act of law, iv. 268, 369.

cannot inherit, i. 128.

who are, i. 128–135.

effect on, of naturalization, i. 135.

denization, ib.

ANCIENT DEMESNE,

title to lands held in, i. 159.

ANNUITY. See RENT-CHARGE, APPORTIONMENT.

time of commencement of annuities given by will, v. 28.

observations on annuity deeds, v. 329.

life-method of providing for the insurance of grantor's life, v. 341.
enrolment of annuity deeds, v. 29, 347.

ANNUITY DEEDS

now seldom required, i. 467.

memorial of, to be enrolled in Chancery, i. 468.

contents of memorial, i. 469-472.

when no memorial of, is required, i. 474–478.

persons beneficially interested must be named in, i. 472.

vitiated by the return or retainer of part of the consideration, i. 473.
contracts by infants for the purchase of annuities absolutely void, ib.
act of Parliament regulating, 478–480.

ANTICIPATION. See ALIENATION, SEPARATE USE.

591

restriction on, of a married woman's income from real estate, i. 430–334.

APPOINTMENT. See GAMEKEEPER, GUARDIANS, POWERS, USES.

conveyance by, i. 392, 501.

advantages of conveyance by, iii. 207.

effect of judgment against appointor, ib.
recital of powers of, iii. 210.

recitals in, v. 613.

form of, iii. 211.

and conveyance, form of, iii. 212.

under power in settlement, frame of, iii. 230.

the estate clause not used in, iii. 232.

power of, not usually inserted in conveyances to femes sole, iii. 249.
of new trustees, i. 456; iii. 295; v. 261. See POWER.

of rent, on sale of reversion in parts, iii. 73; v. 598.
rent-charge on sale in lots of the subject lands, iii. 76.
rent-charge on partition of the subject lands, v. 223.
when very small, iv. 251.

of commutation rent-charges in lieu of tithes, iii. 79.

rents and liabilities on sale of leaseholds held under one lease, iii. 83.
rent reserved on leases, in respect of time, iv. 110.

stamp-duty, iii. 104.

APPURTENANCES. See EASEMENTS, FRANCHISES, GENERAL WORDS, PRE-
MISES, RIGHT OF WAY.

ARBITRATION,

reference to, by trustees, executors, &c., iii. 124.

arbitrator's decision on law, conclusiveness of, iii. 126.
power of arbitrator to take opinions and advice, iii. 127.
revocation of reference to, iii. 128.

as to delivery of award, iii. 129.

examination of parties and witnesses, iii. 129.

costs of, iii. 131.

on oath, iii. 130.

effect of deaths of parties, iii. 132.

reference to, should be made a rule of court, iii. 133.

effect of its being so made, iii. 131, 133.

insertion of penalty in reference to, iii. 134.

appointment of umpire by lot, iii. 146, 407.