£ and of the valuation-money hereinafter mentioned, the day of relinquish [lately day of to and in favour of the said C. D. the business of used and carried on by W. A., her late husband, and] now carried on by the said A. B., at aforesaid, and the goodwill thereof, and transfer to the said C. D. the stock-in-trade in and belonging to the said business, and the shop-fixtures and other fixtures, implements and utensils of trade in and upon the premises of the said A. B. at aforesaid; and also execute to the said C. D. an assignment of the lease which the said A. B. now holds, of her dwelling-house, shop and premises at aforesaid, subject to the rents and covenants therein reserved and contained. And it is agreed that the said stock, fixtures, implements and utensils shall, before the be valued and appraised by L. M. And the said C. D. agrees that he will accept the said business, goodwill, lease and premises, and pay to the said A. B. for the same the sum of and also such sum as the said stock, fixtures, implements and utensils shall be valued and appraised at by the said L. M. as aforesaid, in manner following, that is to say, the sum of and the remainder on the &c. And the said A. B. agrees that, on her relinquishment of the said business to the said C. D. as aforesaid, she will thenceforth endeavour to induce her customers to deal with the said C. D., and will not within the space of years from the date hereof directly or indirectly carry on the said business, or any similar business, within aforesaid, and will forthwith after breach of this stipulation pay to the said C. D. the sum of £ as ascertained and liquidated damages. And it is agreed that, the expense of preparing this agreement, and of making the said valuation, shall be borne and paid by the said A. B. and C. D. in equal shares. miles of As witness their hands. , on the day of day of [Signatures.] VIII. AUCTIONEER'S COMMISSION, &c. For sales A commission of £5 per cent. on the first £100, 23 per cent. from by auction thence to £5,000, 13 per cent. from thence to £10,000, and £1 per cent. on all above. in London; (*) These are the usual terms of an eminent London firm of auction, land and estate agents. When any sale amounts to £2,000 and upwards, the commission to include all expenses (except for plans, lithographic views and travelling). When any sale amounts to £1,500, and less than £2,000, the commission to include half the expenses (except for plans, views and travelling). When a sale amounts to less than £1,500, the expenses in addition to the commission. In case of no sale being effected, a moderate fee (dependent upon the nature of the property) in addition to the costs out of pocket. An estimate of the probable cost of a sale given, when required. For sales of estates and house property held in the country, in in the most cases as above. country; On sales of furniture, live and dead stock, and general chattels, a of furnicommission of £5 per cent., and costs out of pocket. b. Sales and Lettings by Private Contract. ture, &c. A fee of £1 1s. on the entry of particulars of each property on the For selling books, and no other charge (except for advertisements, or other ex- and letting penses for which special instructions may be given), unless a sale be estates and made, or a tenant obtained, by Messrs. 's instrumentality or houses by introduction, when credit is given for the entrance fee, and a charge private made in accordance with the following scale of commission : For selling by private contract freehold and copyhold property, or leaseholds held at ground rents : On the first £100 £5 per cent. (in no case less than £5). From £100 to £5,000 £5 per cent. on the first £100, and £2 per cent. on the remainder. Above £5,000 £25 per cent. on the first £5,000, £1 per cent. from thence to £10,000, and £1 per cent. on the remainder. And in each case where timber, fixtures, furniture, tenant-right, stock or other effects are included in the sale, the amount agreed to be paid for the same (if without valuation) is added to the sum obtained for the property, and commission charged upon the gross amount. If a valuation be needed, a commission of £5 per cent. upon the first £200, and £2 per cent. on the remainder, is charged, in addition to stamp and travelling expenses. For letting estates or houses, or disposal of leases at rack rentals : Unfurnished-On agreement for one, two or three years: £5 per cent. on one year's rent; £5 per cent. on the premium; and on the amount agreed to be paid for fixtures, furniture, tenant-right, stock or other effects (whether sold by valuation or otherwise), £5 per cent. on the first £200, and £21 per cent. on the remainder. Unfurnished—On lease or assignment of lease: On the first year's rent, £5 per cent.; on the second year's rent, £2 per cent. ; also on the premium for the lease or assignment, £5 per cent. on the first £500, and £2 per cent. on the residue; and on the amount agreed to be paid for fixtures, furniture, tenant-right, stock or other effects, £5 contract. For valuations: -of furni ture, &c. -of tim ber; -in compensation cases. per cent. on the first £200, and £2 per cent, on the residue. In either of these cases the valuation of the fixtures, furniture, tenant-right, stock or other effects is made without extra charge, except for travelling expenses, stamp, &c. Furnished-£5 per cent, on the entire rental (not exceeding twelve months). On letting building land, one year's standing ground rent. On large estates (by special arrangement), one half-year's ground rent. When a property is let to a tenant who afterwards becomes the purchaser, the commission on letting is allowed from the commission on the purchase-money then payable. c. Valuations. Of fixtures, furniture, tenant-right, stock and other effects, £5 per cent. on the first £200, and £2 10s. per cent. on the residue; travelling expenses, stamp, &c., extra. Of timber, £5 per cent. on the first £500, and £2 10s. per cent. on the residue (in some cases £5 per cent. on the entire amount); travelling expenses, stamp, &c. extra. In railway and other compensation cases: In addition to the above, £3 3s. per day for attendance before a jury or umpire, if in London, £5 5s., if in the country; travelling expenses extra (a). 2. SCALE OF CHARGES APPROVED BY THE SURVEYORS' ASSOCIATION, THE SELECT SOCIETY OF AUCTIONEERS, AND THE COMMITTEE OF THE ESTATE EXCHANGE (b). Valuations. Commission on the amount of the valuation at the rate of one guinea per cent. on the first £1,000, half a guinea per cent. on the next £9,000, and quarter guinea per cent. on the residue. In valuations for mortgage, if an advance is not made, one-third of the above charges; the minimum fee to be five guineas. Sales of property. Under £500, 5 per cent. on £100, and 21 per cent. on residue. Between £500 and £2,000, 25 per cent. Between £2,000 and £5,000, 24 per cent. on £2,000, and 2 per cent. on residue. Between £5,000 and £10,000, 2 per cent. on the first £5,000, and 1 per cent. on residue. Above £10,000, 12 per cent. on £10,000, £10,000, and per cent. on the residue. Purchases of property by private treaty. per cent. on the next One-half the fee charged on sales, to include valuation. When more than one property has been reported upon, an extra charge to be made. Timber. Five per cent. on first £500, and 2 per cent. on remainder of valuation. Five per cent. on all timber set out and marked for sale, and sold. Dilapidations. Five per cent. on the amount, with a minimum fee of five guineas Valuation of properties for rental. Five per cent. on the first year's rent. The above charges are exclusive of plans and disbursements. (a) Owing to the great variety of circumstances under which they are required, surveys and specifications are generally made the subject of a special arrangement. (b) The remaining scales of fees and charges, although strictly belonging to another place, are printed in this portion of the book for the reader's greater convenience of reference. In respect of property taken under compulsory powers. On amount of settlement, whether by verdict, award, or other wise: The fee is exclusive of five guineas per day for attendance in the country, and three guineas in London. Plans and disbursements extra. 3. COSTS AND FEES PAYABLE UNDER THE BANKRUPTCY ACT, 1869 (b). (Subject to variation by the trustees, with the consent of the committee of inspection, or of the court, where there is no committee.) Broker's allowance. For inventory and valuation : For the first £100 For the next £400, per cent. All above. (This allowance to include all expenses, and any Beyond five miles, per mile one way (b) Order of 1st January, 1870. £ s. d. 2 10 0 15 0 00 0 0 7 |