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and saplings, now growing upon the premises, down to the value of 2s. 6d. per stick inclusive, shall be taken to by the purchaser, according to a valuation to be set thereon by two indifferent persons, one to be chosen by the vendors and the other by the purchaser ; and in case of their disagreeing, then by an umpire to be named by such referees; such referees and umpire to be named on or before the 16th day of October next, and the valuation to be made on or before the 1st day of November next ; and the amount thereof (after deducting the value of such proportionate part as the lord of the manor may be entitled to on any sale thereof) shall be paid to the vendors at the time of completing the purehase, ore
and above the purchase-money. As to recitals, Recitals and statements occurring in the surrenders, and expense and admissions on the rolls, dated twenty years or of proving title.
more previously to the day of sale, shall be accepted as evidence of the matters recited or noticed, and the expense of obtaining any other matters of evidence, and of official, attested, and other copies, extracts, wills, judicial proceedings, probates, administrations, registers, proofs of intestacy, and of the production, and covenants for the production, of deeds which shall be required, either to perfect, verify, or accompany the abstract, or for any other purpose, and shall not be in the vendors possession, and of getting in any outstanding legal estate, shall be borne by the
purchaser. As to loss of The vendors shall not be required to produce or court rolls. account for the loss of any of the original copies of
court roll relating to the property, and the expense of comparing the abstract with the court rolls (including the steward's fees) shall be borne by the purchaser.
The purchaser shall not require the production of any evidence to identify the parcels with the modern description contained in the surrender to, and admis. sion of, the late Mr. , in March 1816
CONDITIONS FOR THE SALE OF TIMBER.
1. That the highest of two or more bidders shall Conditions. be the purchaser, provided the sum bid shall not be less than a sum to be mentioned in a paper sealed up and laid upon the table, previous to the commencement of sale ; and if any dispute shall arise, the same lot shall be put up again for sale.
2. That no person shall advance less than L. at each bidding.
3. That the purchaser [of each lot] shall immediately pay down a deposit of L. 10 per cent. in part of the purchase-money, and pay the remainder on the
day of 184 , as hereinafter mentioned. 4. That the purchaser (of each lot] shall enter into proper articles, agreeable to these conditions, at the joint expense of himself and the vendor, and also shall and will, within four days from this day, at his own expense, enter into a bond, with sufficient security, to be approved by the vendor, at his house in, &c., for payment of the remainder of the purchasemoney, according to the third condition above-mentioned, and also for the performance of these conditions; and until such security is given, the timber, trees, and other wood, and every part thereof, to be considered as the property of the vendor, whether fallen or not.
5. That the purchaser, his servants, and agents; shall have power to enter on the premises where the trees are growing, and shall, at his own expense; properly axe, fall, and cut down the said timber and other trees, and butt and top the same, on or before, &c., without doing any wilful damage to the saplings or other wood in the coppices, hedges, fences, or premises ; and stock the said timber and other trees, and get the roots and spurs out of the ground in a fair and workmanlike manner; but such of the trees as grow on the banks of the brooks, gutters, or rivulets, to be axe-fallen in such a manner as the vendor shalt
350 CONDITIONS FOR THE SALE OP TIMBER,
direct, so as to prevent the banks of the same from being broken or fallen in.
6. That the whole of the said ash-underwood shall be cleared off the said coppices and premises on or before the said
day of , and the whole of the timber or other trees, bark, cordwood, and wood arising from the said timber-trees, shall be cleared off the said lands and premises, by the usual and proper roads to the same, on or before, &c. ; until which time the purchaser shall have the usual privilege of sinking sawpits, and getting turf in such places as shall be appointed by the vendor or his agent for that purpose, for converting the said timber, and coaking the cordwood, not doing any wilful damage to the saplings or other wood growing on the said coppice and premises ; such sawpits, so to be made as aforesaid, shall be properly fenced or covered, and shall, immediately after the converting of such timber, be filled up at the expense of the purchaser, except as hereinafter mentioned ; and such of the ash-underwood, or other trees, cordwood or other wood, as is, are, or shall be then remaining on any part of the said lands and premises, shall be forfeited to the said vendor, as and for a compensation for such damage as shall be occasioned thereby.
7. That the said purchaser shall, within three days after the same shall be fallen, cause the boughs and tops of the said timber and other trees to be cut off and laid on the bodies thereof, or under the hedges and fences, so that as little damage as possible may be done to the crops of grain, and shall not work nor carry away any part of the said timber or other trees till after such crops of grain are cut or carried, except the bark of such timber or other trees which the purchaser shall carry away without taking any horse or carriage on such crops for such purpose.
8. That the purchaser shall allow five stakes for every tree fallen in the hedge-rows or fences, to make up the gaps in the said fences where such trees are so fallen as aforesaid ; and also a full compensation
for all damages sustained in falling such ash-underwood, timber, and other trees, (except such as are necessary and reasonable.)
Lastly, That if the purchaser shall refuse or neglect to perform the several conditions hereinbefore stated, the deposit-money shall be forfeited to the vendor, who shall be at liberty either to enforce the present contract, or to re-sell the timber or other trees, as aforesaid, by public auction or private contract ; and the deficiency, if any, of such second sale, together with the charges attending the same, shall be made good by the defaulter at this present sale.P
Memorandum that C. D., of, &c., became and was this Memorandum day declared the highest bidder of the
, mentioned of purchase, and comprised (in or as lot 1] in the foregoing particulars, to
to be signed at the sum of L. . Now therefore the undersigned
| by vendor and
e purchaser. A. B. doth hereby agree to sell unto the said C, D., and the said C. D. doth hereby agree to purchase the same, under the terms and conditions aforesaid, at and for the said sum of L. ; and at the same time the sum of L. was paid to the said A. B., as the deposit-money for the same. As witness, &c.
Mr. A. B., auctioneer,
Take notice that I, the undersigned A. B., of, &c., the Notice to the proprietor of the
, advertised to be sold by auction auctioneer of this day by you, at, &c., have appointed Mr. C. D. to bid the appoint- .
ment of a bidfor the same, and that if he shall buy in the same premises de
der to buy in at such sale, it will be solely on the account and for the use premises of of me, the said A. B., the owner thereof. Dated, &c. the owner.
Mr. A. B., auctioneer,
signed by the cepted the above appointment, and that if I shall bid for or
person apbuy in the abovementioned premises advertised to be sold pointed to by auction by you this day, the same will be bid for, pur- buy in the chased, and bought in by me, for the sole use of the said A. premises. B., as the owner or proprietor thereof. Dated this day
1840. Witness, &c.
LEASE AND RELEASE.
Lease (or Bargain and Sale for a Year) whereon
to ground the Release.
This indenture, made, &c., between A. B., of, &c.,
" 9 As the lease and release constitute together one assur. ance, it is advisable, in most cases, to make all the conveying parties in the release parties to the bargain and sale on which it is founded.