II. AGREEMENT for SALE and PURCHASE of FREEHOLDS. AN AGREEMENT made the day of Between A. of &c. (hereinafter called the vendor) of the one part and P. of &c. (hereinafter called the purchaser) of the other part, WHEREBY IT IS AGREED as follows: 1. The vendor shall sell and the purchaser shall purchase for the sum of £ the fee simple in possession free from incumbrances of ALL &c. (parcels), with the appurtenances. (Insert such other conditions from Precedent I. as may be necessary) (k). after the commencement of the Conveyancing Act, 1881; see s. 30, p. 280). 5. Upon the death of a bare trustee of any corporeal or incorporeal hereditament of which such trustee was seised in fee simple, such hereditament shall vest like chattel real in the legal personal representative from time to time of such trustee. (Repealed in cases of death after the commencement of the Conveyancing Act, 1881; see s. 73, p. 308). 6. When any freehold or copyhold hereditament shall be vested in a married woman as a bare trustee, she may convey or surrender the same as if she were a feme sole. 7. (Repealed as from the date at which it came into operation; see Conveyancing Act, 1881, s. 73, p. 308). 8. Where the will of a testator devising land in Middlesex or Yorkshire has not been registered within the period allowed by law in that behalf, an assurance of such land to a purchaser or mortgagee by the devisee or by some one deriving title under him shall, if registered before, take precedence of and prevail over any assurance from the testator's heir-at-law. 9. A vendor or purchaser of real or leasehold estate in England, or IN WITNESS &c. their representatives respectively, may at any time or times and from time to time apply in a summary way to a judge of the Court of Chancery in England in chambers, in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract, (not being a question affecting the existence or validity of the contract), and the judge shall make such order upon the application as to him shall appear just, and shall order how and by whom all or any of the costs of and incident to the application shall be borne and paid. A vendor or purchaser of real or leasehold estate in Ireland, or their representatives respectively, may in like manner and for the same purpose apply to a judge of the Court of Chancery in Ireland, and the judge shall make such order upon the application as to him shall appear just, and shall order how and by whom all or any of the costs of and incident to the application shall be borne and paid. 10. This Act shall not apply to Scotland, and may be cited as the Vendor and Purchaser Act, 1874. (k) Where the property consists Parcels. Special provision as to incum brance. III. AGREEMENT for the SALE of FREEHOLDS by a TENANT for LIFE under the SETTLED LAND ACT, 1882, with variations where the purchaser is also a tenant for life. day of AN AGREEMENT made the Between A. of &c. tenant for life in possession under an Indenture of Settlement dated &c. hereinafter called the vendor of the one part and P. of &c. [tenant for life in possession under the will of J. S. dated &c.] hereinafter called the purchaser of the other part, WHEREBY IT IS AGREED as follows: 1. The vendor as such tenant for life as aforesaid shall sell under the provisions of the Settled Land Act, 1882, and the purchaser [as such tenant for life as aforesaid] shall purchase [under the provisions of the same Act] for the sum of £- -the fee simple in possession free from incumbrances (except as hereinafter mentioned) of ALL &c. (parcels), which hereditaments are part of the hereditaments comprised in the aforesaid Indenture of Settlement. 2, 3, 4 and 5, as in Prec. I. mutatis mutandis. 6. The hereditaments hereby contracted to be sold are, together with other hereditaments of which the said A. is also tenant for life in possession under the said Indenture of Settlement, which other hereditaments are of large value, subject to a term of 1000 years created by an Indenture dated &c. and now vested in E. and F. as trustees for the purpose of raising the sum of £10,000 as the portions of certain persons of whom some have married and settled their shares and others are infants. The vendor has no power to sell the said hereditaments hereby of buildings insured against fire by be handed over to the purchaser. See Rayner v. Preston, L. R. 14 Ch. D. 297, affd. 18 Ch. D. 1; Castellain v. Preston, 8 Q. B. D. 613. contracted to be sold discharged from the said term of the trusts thereof; but the purchaser shall be satisfied with a declaration by the vendor charging so far as he lawfully can the said sum of £10,000 on the said other hereditaments in exoneration of the hereditaments hereby contracted to be sold (). of 7 and 8 as in Prec. I. cl. 6 and 7. 9. The purchase shall be completed on the day Comple The at the office of the vendor's solicitors. purchase money (including the amount of the aforesaid valuation) shall be paid to B. C. and D. the present trustees of the said Indenture of Settlement, [or into Court to the credit of In the matter of an Indenture of Settlement dated &c. under which A. is tenant for life in possession and of the Settled Land Act, 1882 (m)], and upon such payment being made the vendor shall under the provisions of the said Settled Land Act, 1882, execute a proper assurance for conveying the said hereditaments to the purchaser [or to the uses of the said will of the said J. S.], subject as is hereinbefore provided. The said B. C. and D. will join in such assurance for the purpose of receiving and acknowledging the receipt of the purchase money and will give the usual covenant by trustees against incumbrances. tion of purchase. 10. The vendor will retain possession of all documents Deeds. of title and will give to the purchaser an acknowledgment in writing of his right to production and to delivery of copies thereof and an undertaking in writing for safe custody thereof. IN WITNESS &c. IV. POWER of ATTORNEY to execute a deed. KNOW ALL MEN by these presents that I A. of &c. (1) See note (q) to Prec. XXV., p. 42, and note to s. 5 of the Settled Land Act, 1882, p. 334. See also Prec. XC., p. 189, Prec. XCI., p. 199. (m) See note to sect. 22, subs. 1, of Settled Land Act, 1882, p. 347. do hereby appoint X. of &c. to be my attorney in my name and on my behalf to receive from P. of &c. (purchaser) the sum of £- -, being the price agreed to be paid by him to me for the purchase of a certain freehold messuage and hereditaments known as situate at &c. and all interest (if any) thereon, and to give an effectual receipt for the same. AND thereupon in my name and as my act and deed to sign seal and deliver [a certain Indenture already prepared and engrossed and expressed to be made between myself the said A. of the one part and the said P. of the other part, being a conveyance of the said hereditaments to the use of the said P. his heirs and assigns, and also all other] such deed or deeds as the said X. shall think necessary or proper for conveying and assuring the said hereditaments to the said P. and his heirs or as the said P. shall direct: AND ALSO to do all such other things as the said X. shall deem necessary or proper in relation to the aforesaid purchase. AND I hereby undertake to ratify and confirm all that my said attorney shall do by virtue of these presents. IN WITNESS &c. (n). V. STATUTORY DECLARATION as to IDENTITY of PARCELS. I X. of &c. do solemnly and sincerely declare as follows: I am a and have for the period of years] years past resided at aforesaid and have during the whole of that period [or for the last been well acquainted with the freehold messuage or dwelling house situate at &c. and known as &c. which messuage with the yard and garden adjoining has been sold by the trustees of the will of A. of &c. the late owner thereof to P. of &c. by the description contained (n) See Conveyancing Act, 1881, ss. 46, 47, 48, p. 293. have in an Indenture expressed to be made between the said years VI. BOND of INDEMNITY to a PURCHASER where the title to a portion of the property conveyed is doubtful (p). KNOW ALL MEN by these presents that I A. of &c. (vendor) am bound to P. of &c. (purchaser) in the sum of £- (the value of the portion of the property the title to which is doubtful) to be paid to the said P. his executors administrators or assigns, for which payment I bind myself my heirs executors and administrators by these presents. SEALED with my seal. DATED this day of WHEREAS by an Indenture bearing even date with Conveythese presents and expressed to be made between the said purchaser. (0) See Conveyancing Act, 1881, s. 68, p. 305. (p) A bond such as this would be given where the vendor, being himself satisfied that no liability would ever attach, is afraid that any condition of sale guarding against the flaw in the title would alarm intend- ance to |