ADDENDA.

Page 77. The remarks of the Master of the Rolls quoted in the last paragraph of this page must be taken with some qualification, as that portion of his judgment in the case of Shaw v. Neale has been overruled by the very recent case of Bearan v. The Earl of Oxford (26 L. T. R. 114; 4 W. R. 112), in which the Lord Chancellor decided that a registered judgment does not require to be re-registered in order to maintain its priority as against purchasers, mortgagees, or creditors, who have become such within five years from the last registration, or in other words, that purchasers, mortgagees, &c., are bound by judgments which have been registered within five years before the date of the conveyance, mortgage, &c., although such judgments may not afterwards be re-registered (see 2 Vict. e. 11. s. 4.; 18 & 19 Vict. c. 15. s. 6.) When the papers in Shaw v. Neale were before me, prior to the case coming before the Court for judgment, I wrote a decided opinion in favour of the construction which at length has been put on the act by the case of Beavan v. The Earl of Oxford, and it is some satisfaction to find that that opinion is now supported by so high an authority. (See also Simpson v. Morley, 26 L. T. R. 135).

Page 130. In Baker v. Bradley, (4 W. R. 78,) it has been held, that if a gift to the separate use of a female is accompanied by a clause that the receipt of her alone, or of some person authorized by her to receive payment of the annual income, after such payment shall have become due, shall be a good discharge for the same, such a clause will amount to a restraint on anticipation during the coverture. (See also Field v. Evans, 15 Sim. 375).

Page 316. It may now be regarded as settled, that a mortgage of trade or domestic fixtures is good as against the assignees in bankruptcy of the mortgagor, although they may remain. in his possession up to the date of his bankruptcy. (Gowan v. Barclay, 26 L. T. R. 97).

Page 342. It has been decided, that if a sum of money is paid by a tenant to his landlord as rent, whether it be received as such or not, the receipt thereof by the landlord will be regarded as the acceptance of so much rent, and as such

will amount to a waiver of a forfeiture in respect of prior breaches of covenants in the lease, and it will not be the less a waiver, because at the time the rent was received the breaches of the tenant's covenants were in fact somewhat more extensive than the landlord was aware of. The same case decides, that if a warrant of attorney is executed by the tenant expressly to the intent that a judgment shall be forthwith entered up against him, to stand as a security for a debt, and that in case default should be made in payment of the debt, execution shall issue against him, a judgment entered up on such a warrant of attorney will amount to a breach of a covenant on the part of the tenant not to charge or incumber the leasehold premises. (Croft v. Lumley, 26 L. T. R. 123; 4 W. R. 94).

Page

ERRATA.

11, line 12 from bottom, for "£5 per annum" read "£5 per cent. per

annum."

43, line 4 from bottom, for "after that time" read" up to that time."

64, line 9 from bottom, after the word "evidence," read "except in criminal proceedings."

69, line 6 from bottom, transfer the mark) in this line to the third line from bottom, and place it after the word Act.

77, line 13 from bottom, for " the V. C." read "the M. R."

80, line 14 from bottom, for "even though he may have" read “without." 114, line 7 from top, for "C. D.” read “G. H.”

day of

170, line 14 from bottom, for “c. 64," read “c. 62.” 172, line 2 from top, for "devised” read “ derived." 198, line 9 from bottom, omit the words "on the 269, line 8 from bottom, for "assessments" read "assignments." 329, line 5 from bottom, for "C. D." read “A. B.” 350, line 7 from bottom, for "delivery thereof” read "delivery of the abstract." 368, line 13 from top, instead of “and also shall” read “and also that the said A. B. his heirs or assigns shall."

"line 11 from bottom, introduce a comma after the word demised.

388, line 14 from bottom, for" O. P., of &c.,” read “the within named O P.," and for "G. H., of &c., and L. M., of &c.," read "the within named G. H. and L. M.”

417, line 6 from top, for "the said E. F." read "E. F."

425, as the side title to Precedent, No. 88 read " From purchaser to indemnify vendor against charges."

435, line 13 from bottom, instead of "the presents" read "the premises." 440, line 6 from top, for "in consideration of £" read "for the nominal consideration."

449, note. Annuities or rent charges given by will need not be registered; 18 & 19 Vict. c. 15. s. 14.

460, line 9 from bottom, for "contained" read "covenanted."

500, line 7 from bottom, for "to arise" read" as shall arise."

545, 622, at the end of Precedent No. 103, add the last clause in Precedent

No. 107, commencing with the words " And also either before or after." 557, line 5 from top, for "such one" read "all and every or such one." 570, line 5 from bottom, for "unapportioned" read “unappointed.”

CONDITIONS OF SALE.

of

THE preparation of Conditions of Sale requires Preparation much discretion, and it is impossible to frame them of sale. with any certain accuracy without a previous study and understanding of the state of the title, and of all matters connected therewith. By the conditions, then, all proper stipulations should be made as to the title, evidence and the expenses of procuring the same, the title deeds and their custody and production, the expenses of deeds to be executed, identity, the valuation of timber or fixtures, the deposit, the time for the completion of the purchase, rescinding the contract, compensation in case of misdescription, &c.

printed conditions can

not

be ver a

bally varied.

Written or printed conditions of sale cannot be Written or verbally varied at the time of sale by the auctioneer, and parol evidence will not be admitted in such case to vary the written contract. (Gunnis v. Erhart, 1 H. Bl. 289; Powell v. Edmunds, 12 East, 6).

Effect of in for making

condition

The condition, that all objections are to be considered to be waived which are not stated

B

objections

within a

given time.

As to timber.

What is

timber.

Provision for payment

of interest

on purchase

money if

of purchase

is delayed.

writing within a given time from the delivery of the abstract, applies in fact only from the delivery of a perfect abstract; and an objection may be raised arising out of the inspection of a document which has been called for within the prescribed time under such a condition. (Blacklow v. Laws, 2 Hare, 40; Hobson v. Bell, 2 Beav. 17).

If the timber is to be paid for separately the conditions of sale must provide for the terms on which it is to be taken by the purchaser, and the conditions should specify what trees shall be paid for as timber. It may be useful to observe that wood is not timber unless it is of twenty years' growth, and the term timber includes oak, elm, and ash, and, by local custom, birch, beech, and other trees, and sometimes pollards. (Dart's Comp. 70; Duke of Chandos v. Talbot, 2 P.Wms. 606; 10 East, 446).

In the case of De Visme v. De Visme (1 Mac. & Gor. 336), it was decided that where the condicompletion tions provided that if, from any cause whatever, the purchase should not be completed on the day appointed for its completion, interest should be payable on the purchase money from that day, the purchaser would be liable under this condition to pay interest only from the time that a good title should be shewn. But in the case of Sherwin v. Shakspeare (18 Jur. 843), it was decided that such a condition is operative though the purchase is not completed on the day, whenever the delay is occasioned, not by the default of the vendor but by the state of the title. (See also Rowley v. Adams, 12 Beav. 476;

Weddell v. Nixon, 17 Beav. 160; Wallis v. Sarel, 21 L. J. 717, Ch.)

In the case of Parry and Others v. Smith (1 Car. & Mar. 554), a purchaser agreed that if the completion of the purchase should be delayed on his part beyond a certain day he would pay interest. The vendor and his trustee were prepared to complete on that day, but the purchaser was not prepared, but on a subsequent day when the purchaser was ready the vendor's trustee would not join, and it was held that the purchaser was liable to interest only from the time appointed by the agreement for its commencement until the time when the purchaser was prepared and offered to complete.

to the deed

the title shall

The provision that the purchaser shall not be Provision as entitled to call for any deed anterior to the docu- with which ment with which the abstract commences, does not commence. prevent him from objecting to the title, if the title which the vendors produce can be proved to be defective, and the purchaser is at liberty to shew aliunde that the title is defective. (Sellick v. Trevor and Davies, 11 M. & W. 722).

sence of

to the contrary, lessor's

produced.

In the absence of a stipulation to the contrary, In the abthe purchaser is entitled to require the vendor to stipulation [reduce the lessor's title as well as the title to the title must be lease, and this is a requisition which the vendor cannot generally comply with. (Sug. Conc. V. & P. 267). But an exception to this rule is to be made in the case of a lease by a bishop, which is always a good commencement of title. (Fane v. Spencer, 2 Madd. 438). In a case where the condition was that the lessors' title would not be shewn and should