be executed.

and delivered at his and their own expense, unto the other of them, his heirs or assigns, or his or their solicitor, within one calendar month from the date hereof, a full and satisfactory abstract of his title to his said premises so agreed to be exchanged as aforesaid; and also shall and will, on or before the, &c., now next ensuing, upon having a suf- Mutual conficient conveyance or assurance of the lands and veyances to hereditaments of the other of them, made to him, his heirs and assigns, (the said A. B. receiving from the said C. D., his executors, administrators, or assigns, the said sum of L. ,) execute, at the expense of the other of them, (except as to any outstanding terms,) proper conveyances and assurances of the inheritance in fee-simple in possession of their respective hereditaments, together with the title-deeds thereof, unto and to the use, or for the other of them, his heirs and assigns, or as he or they shall direct, free from all incumbrances. ances all usual and proper covenants shall be contained by and to the said parties respectively; and all persons possessing any legal or equitable estate or interest in the said premises, or beneficially entitled to the said sum of L. shall concur, if required, according to their respective interests. And Each party to it is hereby agreed, that the said parties shall respec- the rents, &c., tively be entitled to the rents and profits of the said from the last premises, so to be to them respectively assured, from quarter-day. the day of now last past, up to which time, all rents, taxes, rates, assessments, and charges payable in respect of the said premises, shall be paid and discharged by the party conveying the same. And the said C. D. doth hereby covenant, promise, The sum of and agree with and to the said A. B., his heirs, exe- L. cutors, and administrators, that upon the execution paid for equa of such conveyances and assurances, and delivery of such possession and title-deeds, by the said A. B. as aforesaid, he, the said C. D., his executors or administrators, shall and will pay unto the said A. B., his executors, administrators, and assigns, the said sum

And in the said assur- Conveyances

to contain all proper covenants, &c.

be entitled to

to be

lity of ex

change.

not to vacate

of L. in lawful current money of England, as Errors in de- or for such equality of value as aforesaid." Proscription, &c, vided always, that these presents shall not be void the contract. by reason of any trifling error or omission which may have been made in the description herein before given of the hereditaments of either of the said parties, so that the same be of the same nature and quantity of interest, and be situated within the county hereinbefore mentioned, or as to any quit-rent or other small out-going, to which the same may be subject; but in such case a reasonable abatement or equivalent shall be made or given, as the case may require, by or to the said parties respectively, or their respective heirs, executors, or administrators. And it is either party further agreed, that in case the title of either of the said parties to the hereditaments hereby agreed to be conveyed in exchange shall prove defective, (except as last aforesaid,) these presents shall be void, and all reasonable costs, charges, and expenses paid or sustained by the said parties, or either of them, or his or their respective heirs, executors, administrators, or assigns, or his or their respective solicitors in the investigation thereof, shall be wholly borne and paid by the said party whose title shall so prove Intervening defective, his executors or administrators. And it

If title of

prove defective, these presents to be void.

accidents not

to affect the contract.

is further agreed, that any loss or damage which may happen to the hereditaments of either of the said parties, by fire, storm, or tempest, or any increase which may take place in the value thereof, at any time between the date hereof and the completion of the said exchange, shall not affect the present contract, nor entitle either of the said parties to any abatement or equivalent in respect thereof. Provided, nevertheless, that the benefit of any policy or policies of insurance, which shall be then subsisting

y Here may be added, "And it is hereby mutually agreed between the said parties, that it shall be expressly declared in the said conveyances, that neither of them, the said A. B. and C. D., shall re-enter on the lands conveyed in exchange, in consequence of any defect of title." (See 8 Ves. jun. 256.)

leases.

against any such loss or damage, shall in that case belong to the parties taking the premises upon or in respect of which any such policy shall subsist, his heirs, executors, administrators, or assigns. And it Neither party is also agreed, that neither of the said parties, or his to grant heirs, shall, from henceforth, during the subsistence of the present contract, grant or contract for any lease or leases of the said premises, or any part of the hereditaments hereby agreed to be conveyed by him in exchange, without the consent, in writing, of the other of them, his heirs or assigns. And it is hereby lastly agreed, that all mat- Matters not ters relating to the said exchange hereby agreed to hereby probe made, not herein particularly provided for, shall be regulated be regulated by the rules of law and equity, or the by the pracpractices amongst conveyancers in relation thereto; tice in simiand, in case of difference of opinion in respect by reference thereof, then by reference to arbitration, in the usual to arbitration. manner of submission for that purpose.

In witness, &c.

vided for to

lar cases, or

. AGREEMENT FOR THE PURCHASE OF A FREEHOLD

ESTATE.

An agreement made, &c.

The said [vendor,] in consideration of the sum Consideraof L. , paid to him by the said [purchaser] at or tion. before the execution of this agreement, and of the further sum of L. to be paid at the time hereinafter mentioned, doth agree to sell, and the said [purchaser] doth agree to purchase, all [here de- Premises. scribe the premises intended to be purchased.] And the said [vendor] doth hereby agree that he will forthwith, at his own expense, make out and deliver unto the said [purchaser,] or his solicitor, on or be- Abstract. fore the, &c., an abstract of his title to the said [premises,] and will, at his own expense, deduce a clear title thereto. And also, that he, the said [vendor,] Vendor to or his heirs, and all other necessary parties, shall execute con

I

veyance.

Purchaser to pay remainder of purchasemoney.

Expenses of agreement equally.

and will, on or before the, &c., next, on receiving from the said [purchaser,] his heirs, executors, administrators, or assigns, the said sum of L. , as hereinafter is mentioned, at the costs, charges, and expenses of the said [purchaser,] his heirs, executors, administrators, or assigns, by such conveyances and assurances in the law as the said [purchaser,] his heirs and assigns, or his or their counsel in the law, shall advise and require, well and sufficiently grant, release, convey, or otherwise assure, all and singular the said [premises,] with the appurtenances, and the fee-simple and inheritance thereof, unto and to the use of the said [purchaser,] his heirs, [appointees,] and assigns, or to whom he or they shall direct or appoint, free from all incumbrances, EXCEPT a chief rent of, &c., payable in respect to the said premises to, &c., (if any such be due.) In consideration whereof, the said [purchaser] doth hereby agree with the said [vendor,] that he, the said [purchaser,] his heirs, executors, administrators, or assigns, will, on or before the, &c., on a good title to the said [parcels] being shown to him, and on the execution of such conveyances and assurances as aforesaid, pay, or cause to be paid, unto the said [vendor,] his executors, administrators, or assigns, the said sum of L. which, with the sum of L. paid to the said [vendor] as aforesaid, is the full consideration-money agreed to be given for the absolute purchase of the fee-simple and inheritance of the said premises."

And it is hereby also agreed, that the expenses this agreement shall be borne by the parties hereto equally, and that the expense of all such conveyances and assurances as aforesaid, and all attested copies of deeds which shall be required by the said [purchaser,] shall be defrayed by him; but the expense of the assigning of any term or terms of years,

z If timber be taken to at a valuation, add: “and shall and will also pay for all the timber growing on, &c., at the amount to be valued by two indifferent persons, (one to be chosen by each party,) or their umpire."

case of delay.

not already assigned to attend the inheritance, and all deeds, matters, or things for disincumbering the title, shall be had, borne, and performed by the said [vendor:] and that the said [purchaser] shall be entitled to the possession of the said hereditaments from the said day of, &c.: And if the convey- Interest in ance shall not be executed by the necessary parties, and the said purchase-money paid on or before the said, &c., the said [purchaser] shall pay interest for the purchase-money remaining unpaid unto the said [vendor] after the rate of per cent. per annum : And, lastly, it is hereby agreed, that if the said [ven- If not a good dor] shall not be able to make out a good title to the title, to be said hereditaments, this agreement shall be void, and the deposit-money returned to the said [vendor,] with interest for the same, after the rate aforesaid. In witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year first above written.

void.

AGREEMENT FOR THE PURCHASE OF A COPYHOLD.

tion.

Agreement made, &c., between, &c. The said [vendor,] in consideration of, &c., doth Consideraagree to sell, and the said [purchaser] doth agree to purchase, all that customary or copyhold messuage,&c., Parcels. [describe the premises, and state the time for delivering the abstract and deducing a title, as in the pre- Abstract. ceding precedents ;] and that the [vendor,] on receiving the purchase-money, will make and execute Surrenders. proper surrenders, conveyances, covenants, and as

a

* If an agreement be under seal, it will require a deedstamp of L.1, 15s. (Robinson v. Drybrough, 6 T. R. 317; Clayton v. Burlinshaw, 5 B. and C. 41.) If it be under hand only, it is called parol, and does not bind the heir; but if it be under seal, the heir is bound, if named. (Barber v. Fox, 2 Saund. 136; Platt on Covenants, 448.) An action upon a contract under hand only must be brought within six years. (1 Saund. Rep. 37.)