Special conditions of sale.

(l) Sec above, p. 76, n. (d). (m) Best v. Hamand, 12 Ch. D.

1 ; Re Davis and Cavey, 40 Ch. D. 601,607; Re National Provincial Bank of England and Marsh, 1895,

1 Ch. 190; Scott v. Alvarez, 1895,

2 Ch. 603: above, p. 38.

(n) Re Banister, Broad v. Munton, 12 Ch.D. 131; Re Marsh and Eart Granville, 24 Ch. D. 11;

Nottingham "Patent Brick & Tile Co. v. Butler, 1G Q. B. D. 778. As to fraudulent misrepresentation, see Edwards v. M'Leay, G. Coop. 308, 2 Sw. 287: Hart v. Swaine, 7 Ch. D. 12; Joliffe v. Baker, 11 Q. B. D. 255; below, Chap. XIV. Sec. 1.

(o) Symons v. James, l Y. & C. C. C. 487, 490; Seaton v. Mapp, 2 Coll. 556, 662 . Rhodes v. Ibbet- son, 4 De G. M. & G. 787.

Other stipulations usually made in certain particular cases.

Insufficiently stamped documents executed before 17th May, 1888.

It may also be convenient, in discussing the subject of conditions of sale by auction, to point out various other stipulations in the vendor's favour, which are usually made in certain particular cases. Thus, whenever it is known or apprehended that any document of title executed before or on the 16th of May, 1888, is or may be unstamped or insufficiently stamped (t), it is provided that no objection shall be taken on that account, and that if the purchaser shall require any such document to be stamped or further stamped, such stamping shall be effected by him and at his expense (u). So, on the sale of land in Middlesex or Yorkshire, or of unregistered land in the county of London (x), it is usual to stipulate that no objection shall be taken or requisition made on account of any document which should or might have been registered in the county register not being so registered (y).

(p) Smith v. Watts, 4 Drew. 338; Re Sandbach and Edmondson's Contract, 1891, 1 Ch. 99; Blaiberg v. Keeves, 1906, 2 Ch. 175; compare Williams v. Wood, 16 W. R. 1005.

(q) Re Marsh and Earl Granville, 21 Ch. D. 11; above, pp. 41, 61.

(r) See Phillips v. Caldcleugh, L. R. 4 Q. B. 159; Nottingham Patent Brick and Tile Tile Co. v. Butler, 16 Q. B. D. 778.

(s) Rhodes v. Ibbetson, 4 De G.

M. & G 787, 793.

(t) See above, p. 45. Such a condition, if made as to documents executed after that day, is void by stat. 54 & 55 Vict. c. 39, s. 117, re-enacting 51 & 52 Vict, c. 8, s. 20; see below, Chap. IV. Sec.3.

(a) 1 Key & Elph. Prec. Conv. 255, 263, 4th ed.; 240, 251. 8th ed.; Davidson's Concise Precedents, 115, 18th ed.

Again, whenever leasehold land is sold, it is advisable to state that the property is sold subject to the rent, covenants, conditions, and all liabilities under the lease, whereby the same is held; to give to intending purchasers the opportunity of inspecting the lease at the office of the vendor's solicitors within a limited time before the sale; and to provide that the purchaser, whether he shall avail himself of this opportunity of inspection or not, shall be deemed to have full notice of the. contents of the lease, whether of a usual character or not (z). And it is also desirable to stipulate expressly that the production of a receipt for the last payment of rent accrued due under the lease prior to completion shall be accepted as conclusive evidence that all the covenants and conditions in the lease have been duly performed and observed; and that it shall be assumed without proof that the person or persons giving such receipt, though not the original lessor, are the reversioner or reversioners expectant on such lease or his or their authorized agents (a). Where the lease contains a covenant to repair, and the property is out of repair, an opportunity of inspecting the property should (if possible) be given to intending purchasers, and it should be provided that they shall be deemed to buy with full notice of the actual state and condition of the property, as to repair or otherwise, and shall take the same as it is (b). It is also common (though not necessary (c)) to stipulate expressly that the purchaser shall covenant in the deed of conveyance to pay, perform and observe, and to indemnify the vendor against the rent and covenants of the lease; and it is desirable further to provide (what is a modification of the rule of law (d)) that for this purpose the purchaser shall, at his own expense, procure to be prepared and stamped, and execute and deliver to the vendor a duplicate of the deed of conveyance (e).

Unregistered documents on sale of land in Middlesex or Yorkshire or of unregistered land in London.

Sale of leaseholds.

Purchaser to have an opportunity of inspecting the lease, and to be deemed to buy with full notice of its contents.

Production of last receipt for rent to be conclusive evidence of performance of covenants.

Person giving such receipt to be assumed to be reversioner.

Purchaser to buy with notice of the state of repair and take property out of repair as it is.

(x) See below. Chap. X.

(y) 1 Key & Elph. Prec. Conv. 263, 4th ed.: 251, 8th ed.; Davidson's Concise Precedents. 115, 18th ed.

(z) 1 Key & Elph. Prec. Con v. 269, 270, 4th ed.; 259, n. (e), 265, 8th ed.: see below. Chap. X .

(a) 1 Key & Elph. Prec. Conv. 254, 270, 4th ed.; 289, 266, 8th ed.; Davidson, Prec. Conv. 115, 18th ed.; see below, Chap. X. Sec. 2.

Where the land to be sold is held by underlease, it should be stated to be so held, and must not be represented as being held by lease (which is intended to mean a lease from the freeholder) (f'); the property should be sold subject to the rent and covenants, etc. of the lease, under which it is held, and of every superior lease; and the stipulations above recommended on the sale of leaseholds should be adapted to the case, provision being made that production of the receipt for the rent last due before completion under the lease, whereby the property is held, shall be conclusive evidence of the performance of all the covenants and conditions of that lease and of every superior lease (g).