APPENDIX. No. I. Notice by the Owner and his Agent, of the Agent's intention I have appointed the undersigned B, of, &c. to bid on my behalf, or for my use, at the same sale. And I the above-named B. do hereby give you notice, that I have accordingly agreed to bid at such sale, for the use of the said A. SIR, Notice by the Agent of his intention to bid (b). 1 the undersigned A, of, &c. agent of B, of, &c. owner of the estates intended to be sold by you at on the day of by public auction, next, do hereby give you notice, that I intend to bid at the same sale, on the behalf, or for the use of the above-named B. No. III. Notice by the Agent, and the Person appointed by him, of such Person's intention to bid (c). SIR, I the undersigned A, of, &c. agent of B, of, &c. owner of the estates intended to be sold by you at day of by public auction on the next, do hereby give you notice, that I have appointed the undersigned C, of, &c. to bid at the same sale, on the behalf, or for the use of the above-named B. And I the said C, do hereby give you notice, that I have accordingly agreed to bid at such sale, for the use of the said B. I. That the highest bidder shall be the buyer: and if any dispute arise as to the last or best bidder, the lot in dispute shall be put up at a former bidding. II. That no person shall advance less at any bidding than £. (I); or retract his or her bidding (e) III. That every purchaser shall immediately pay down a deposit in the proportion of £ for every 100%. of his or her purchasemoney, into the hands of the Auctioneer (II); and sign an agree ment for payment of the remainder to the proprietor, on the day of : at which time and place the purchases are to be completed, and the respective purchasers are next, at (c) Vide supra, p. 14. (d) Vide supra, p. 24. (e) Payne v. Cave, 3 Term Rep. 148. Vide supra, p. 34. This has now become an usual condition. (I) Or thus, “than such sum as shall be named by the auctioneer at the time." (II) This is scarcely ever done in the country; but the deposits are paid to the agent of the vendor. then then to have the actual possession of their respective lots; all outgoings to that time being cleared by the vendor. IV. That within from the day of the sale, the vendor shall, at his own expense, prepare and deliver an abstract of his title to each purchaser, or his or her solicitor; and shall deduce a good title (I) to the lots sold. V. That upon payment of the remainder of the purchase-money at the time above-mentioned, the vendor shall convey the lots to the respective purchasers: each purchaser, at his or her own expense, to prepare the conveyance to him or her; and to tender or leave the same at for execution, by the vendor (f). VI. That the auction duty of 7d. in the pound shall, immediately after the sale, be paid to the auctioneer by the vendor and purchaser, in equal moieties (g) (II). VII. That if any of the purchasers shall neglect or fail to comply with the above conditions, his or her deposit-money shall be actually forfeited to the vendor, who shall be at full liberty to resell the lot or lots bought by him or her, either by public auction, or private contract; and the deficiency (if any) occasioned by such second sale, together with all expenses attending the same, shall, immediately after the same sale, be made good to the vendor by the defaulter at this present sale: and in case of the non-payment of the same, the whole thereof shall be recoverable by the vendor, as and for liquidated damages (h), and it shall not be necessary to previously tender a conveyance to the purchaser. Lastly, That if any mistake be made in the description of the premises, or any other error whatever shall appear in the particulars of the estate, such mistake or error shall not annul the sale, but a compensation, or equivalent, shall be given or taken, as the case may require (i). Such compensation or equivalent to be settled by two referees, or their umpire; each party within ten days after the discovery of the error, and notice thereof given to (f) Vide supra, p. 31. (g) Vide supra, p. 35. (h) Vide supra, p. 32. (i) Vide supra, p. 33. (I) Where the estate is leasehold, and the vendor caunot produce the lessor's title, this condition should go on thus: "to the lease granted of the premises; but the purchaser shall not be entitled to require, or call for the title of the lessor." Vide supra, p. 30. (II) This condition should be omitted where the estate is sold by assignees of a bankrupt. Vide supra, p. 12, 13. the other party, to appoint one referee by writing; and in case either party shall neglect or refuse to nominate a referee within the time appointed, the referee of the other party alone may make a final decision. If two referees are appointed, they are to nominate an umpire before they enter upon business, and the decision of such referees or umpire (as the case may be), shall be final. Condition to be inserted where the Title-deeds cannot be That as the title-deeds which concern this estate relate to other estates of greater value, the vendor shall retain the same in his custody, and enter into the usual covenants (to be prepared by his solicitor, and at his expense) for the production of them to the respective purchasers: but all attested copies which may be required of such deeds, shall be had and made at the expense of the person requiring the same. Where an Estate is intended to be sold in Lots, and the Title-deeds are to be delivered up, the following Condition may be inserted : That as the aforesaid lots are holden under the same title, the purchaser of the greater part in value of the said estate, shall have the custody of the title-deeds, upon his entering into the usual covenants for the production thereof to the purchaser or purcha sers of the remaining or other lots: If the largest portion in value of the estate shall remain unsold, the seller shall be entitled to retain the deeds upon entering into such covenants as aforesaid; all such covenants to be prepared by and at the expense of the person or persons requiring the same; who may have attested copies of such deeds at his, her, or their own expense. Or this: That the title-deeds shall be retained by the vendor, until all the estates now offered for sale shall be sold, when they shall be delivered over to the largest purchaser, upon his entering into the usual covenants for the production thereof to the other purcha (E) Vide supra, p. 30. sers; sers; such covenants to be prepared by and at the expense of the person or persons requiring the same. Whilst the deeds remain in the seller's hands, he shall produce them to the several purchasers when required, and every purchaser may at any time have attested copies of the deeds at his own expense. Where the Property is considerable, it may be advisable to make a stipulation as to the expense of the attested copies according to the value of the lots. As, for instance: That all attested copies of the title-deeds shall be made and delivered at the expence of the person requiring the same, unless his or her purchase-money exceeds £ to £ but does not amount ; in which case the vendor shall furnish the attested copies of all such deeds and writings as shall be deemed necessary, according to professional usage, at the joint expense of him and the purchaser; and if the purchase-money exceeds £ vendor shall furnish the same at his own expense. the No. V. Agreements to be signed by the Vendor and Purchaser after Sales by Auction (1). It seems advisable to have two sets of conditions, at the end of one of which may be printed an agreement for the auctioneer, or agent of the vendor, to sign; and at the end of the other may be printed an agreement for the purchaser to sign. The Agreement to be signed by the auctioneer, or agent of the vendor, may be thus: I do hereby acknowledge, that the purchaser of lot has been this day declared of the estates mentioned in the above written particulars, at the sum of £ ; and that he has paid into my hands £ as a deposit, and in part-payment of the said purchase-money; and I do hereby agree, that the vendor |