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payment of the sum of L. (the real debt,) being the debt in this action, together with the said costs, on the, &c., next, the plaintiff shall be at liberty to enter up judgment for the said sum of, &c., (or “the said debt,”) together with the said costs, and to sue out execution thereon for the (said) sum of, &c., (the real debt,) and the said costs; and also for the costs of entering up such judgment, and of suing out execution thereon, officers' fees, sheriffs' poundage, costs of levying, and all other incidental expenses; and I do hereby undertake not to bring any writ of error, or file any bill in equity, or do any other matter or thing to delay the said plaintiff from entering up his judgment and suing out execution thereon, as aforesaid. Dated, &c.
COGNOVIT IN EJECTMENT.
In the, &c. Between John Doe, on the several de. mises of L. M. and O. P., plaintiff, and Thomas Jones, defendant.
1 The cognovit, if in the Q. B., or a copy, if in the C. P. or Exch., when given in a personal action, and an affidavit of the time of the execution thereof, must be filed with the clerk of the judgments, if in the Q. B., or in the C. P. with the prothonotary, within twenty-one days after its execution, to render it, or any judgment or execution thereon, valid as against the assignees of the defendant, if he should become bankrupt; (3 Geo. IV., cap. 39, sec. 3.)
The following is the form of the affidavit : “In the, &c., between, &c., A. B., of, &c., maketh oath and Affidavit of saith, that he was present on the first day of March instant, the signature and did then see C. D., the above-named defendant, sign the of cognovit, cognovit hereunto annexed, [or in the C. P. or Exch., “a.
action. true copy whereof is hereunto annexed;"] and the name (C. D.) appearing at the foot thereof, [or if in C. P. or Exch., say, “at the foot of the original cognovit,"] is of the proper hand-writing of the said C. D.; and that the names "A. B.” and “ G. H.” appearing there as that of the witnesses to the signature of the said C. D., are of the proper hands-writing of this deponent and of the said G. H.”
in a personal
I dom hereby confess this action, and that the said John Doe is entitled to recover his term (or terms] yet to come of and in parcels, as in the declaration of ejectment, with the appurtenances, situate, &c., being the tenements in the declaration in this cause mentioned; and also that he hath sustained damage by reason of the trespass and ejectment for trespasses and ejectments] in the said declaration mentioned, to the amount of one shilling, besides his costs and charges in this behalf, to be taxed by the master, [or in C. P. by the prothonotary. And in case I shall make default in delivering up possession of the premises aforesaid, or in payment of the damages and costs as aforesaid, on the, &c., next, then the plaintiff shall be at liberty to enter up judgment for his term of and in the said premises, and for his said damages and costs, above acknowledged, as also for the costs of entering up such judgment, and of suing out execution. And that he shall also be at liberty thereupon forthwith to sue out execution for the same, together with sheriffs' poundage, costs of levy, and all other incidental expenses. And I do hereby agree not to bring any writ of error, or file any bill in equity, to delay the plaintiff in his proceeding. Dated, &c.
m If defendant has pleaded, say, “I do withdraw the plea by me pleaded in this cause, and do confess,” &c.
CONDITIONS OF SALE BY AUCTION.
That the premises shall be put up for sale in the Usual first several lots mentioned in the foregoing particulars, condition. or in such other lots as shall be agreed upon at the time of sale, that the highest of two or more bidders shall be the purchaser; and if any dispute arise between the bidders, or between the auctioneer and any bidder, the lot in dispute shall be put up again at the sum last bid for the same before such dispute arose.
That no person shall advance less than L. at each bidding, or retract his or her bidding.
That the vendor's agents shall be entitled to bid Reserved once for each lot and no more.
bidding. That the auction duty shall be paid in equal Auction duty. moieties by the vendor and purchasers.
That the purchaser shall pay down immediately As to the into the hands of the auctioneer his moiety of the tin
completion of auction duty, and a deposit of L. per cent. in purchase, &c. part of his purchase-money, and sign an agreement s for payment of the remainder of his purchase-money unto the vendors on the day of , at , at which time the purchase shall be completed, and the purchaser shall then have the actual possession, or be entitled to the rents and profits of the purchased premises, all out-goings up to that time being dis
times for the
charged by the vendors; but if the purchase shall not be completed by the said day of , then the purchaser, from whatever cause the delay may have arisen, whether from the state of the title, or otherwise, shall pay to the vendors interest at the rate of L.5 per cent. per annum on the balance of his purchase-money, from that time, until the purchase shall be completed, but without prejudice to the right reserved to the vendors under the
condition. In sales under That the purchaser, immediately upon being so the Court of declared, do sign a coniract to complete his purchase,
and pay his purchase-money into court, to the credit of the above-mentioned causes, on or before the
day of , and do procure, at his own expense, within one month from the day of sale, the usual report of his purchase and order confirming the same.
That the vendors shall be entitled to the rents and profits of, and shall pay all out-goings in respect of the said premises up to the day of , from which day the purchaser shall be entitled to such rents and profits; and in case he shall not, from any cause whatever, have previously paid his purchase-money into court, to the credit of these causes, he shall pay interest at and after the rate of L.5 per cent. per annum on the whole of his purchase-money from the said to the day of payment into court of his purchase-money ; the interest-money, (if any,) together with the value of the timber, to be paid into court with the purchase-money of the said estate and premises, and the amount of the valuation of the timber to bear interest at and after the rate of L.5 per cent. from the said day of , if not paid on or before that day.
The purchaser shall at his or her expense procure the master's report of his or her being the purchaser, and the usual order for confirming the same, and shall also (under an order to be obtained at his or her expense) pay the purchase-money into the Bank
of England to the credit of the cause, on or before (In sales the 20th day of November next, at which time the under the ?
Court of purchase is to be completed; and if from any canse Chancery.). whatever the purchase-money shall not be paid in, or the purchase shall not be completed as aforesaid, the purchaser shall pay interest on the purchasemoney at five per cent. per annum, until the same is paid, and the purchaser shall be let into possession, or be entitled to the receipt of the rents and profits, or a proportionate part thereof, from the said 20th day of November next.
That the vendor's title will commence with certain Limitation as indentures of lease and release, bearing date ,to title. which being a period of years, it is stipulated that they shall not be called upon to produce any previous title to the said premises, or any lot thereof.
That the vendors will, within seven days from the As to abstract day of sale, deliver an abstract of their title to the and objections purchaser, and thereby deduce a good title to the premises agreeably to these conditions; and the purchaser shall, within fourteen days after the delivery of the abstract, signify in writing to the vendors' solicitor, his acceptance of, or objections to, or requisitions on the title, as deduced by such abstract, and that in default of his so doing, he shall be considered as having accepted the title; and every objection or requisition not taken or made, and so communicated within such period, shall be considered as waived, and in this respect time shall be deemed of the essence of the contract. But in case the purchaser or his solicitor shall within such period raise any objection to the title, the vendors, if they shall see fit, shall be at liberty to rescind the contract for the sale of the property, on repaying to the purchaser his deposit-money, without any interest, costs, or other charges; but this condition shall not prejudice the right of the vendors to compel the completion of the contract if they should prefer it.
That the vendors shall, at their own expense, make the same out an abstract of their title, and deliver the same to applicable to