CONDITIONS OF SALE.
as Printed in the Sale Particulars

1.—The vendor reserves to himself the following rights, viz. :—(1) A right to bid by himself or anagent; (2) a right to withdraw the property from sale, before or after offering the same for competition, and without declaring the reserved price; (3) a right to arrange the property in lots other than those in theparticulars, and to consolidate two or more lots into one.

2.--The amount of each bidding shall from time to time be prescribed by the auctioneer, and no bidding shall be retracted. Subject to the rights hereinbefore reserved to the vendor, the highest bidder shall be the purchaser, and if any dispute arise concerning a bidding the auctioneer, whose decision shall be final, shall determine the course to be adopted, whether by putting up the property at a former bidding or otherwise.

3.-—Each purchaser shall immediately after the sale pay to the auctioneers a deposit of £10 per cent, on the amount of his purchase-money and sign an agreement in the form annexed to these conditions to pay the remainder of the purchase-money to the vendor or as ho shall direct, and to complete the purchase on the 2nd day of February, 1914, at the office of Messrs. dawes & sons, of 2, Birchin Lane. London, E.G., at which time and place the purchase shall be completed.

4.—The title shall commence with the will of Kiehard Delahay, who died in the year 1885, containing a general devise of all the lots, other than a portion of Lot 34, as to which the title shall commence with an indenture dated the 3rd day of April, 1872, made between Selina Probert of the first part, John Probert of the second part, Henry Price- of the third part, and William Badham of the fourth part, and the purchaser shall assume that the said Richard Delahay was at the date of his death seized in fee simple in possession of the lot or lots purchased by him subject only to certain incumbrances which have since been discharged and which, so far as affecting the said lots, or any of them, consisted of (1) a mortgage for £384 Is. 9d., secured by an indenture dated the 31st day of December, 1881 (charged on Lots 38, 46 and part of Lot 45); (2) a mortgage for £315 18s. 3d. secured by an indenture dated the 18th day of June, 1885, and the several indentures of mortgage, further charge and transfer of mortgage therein recited or referred to (charged on Lot 50) ; (3) a mortgage for £150 secured by indentures of lease and release dated the 18th and 19th days of February, 1763 (charged on part of Lot 45). As to the said mortgage of £384 la. 9d., the title shall commence with the said indenture of 31st December, 1881, made between the said Richard Delahay of the one part and Daniel Pryce of the other part. As to the said mortgage of £315 18s. 3d. with an indenture dated the 31st day of December, 1881, made between Henry Jackson Torr of the first part, Richard Delahay of the second part, and Daniel Pryce of the third part, being a transfer of the said mortgage debt and securities, and in which inden­ture the prior title thereto in fully recited, and as to the said mortgage of £150 with an indenture dated the 25th day of May, 1895, made between the. Rev. Willis Fleming Aston Lambert of the first part, John Appleyard and William Henry Talmadge Delahay of the second part, Henry Bryan Hamar and William Price of the third part, and William James Lloyd and Henry George Lloyd of the fourth part, being a reconveyance of the said mortgage securities, and in which indenture the prior title thereto is also fully recited ; and each purchaser shall he satisfied with such respective recitals of the prior title, and shall not investigate such prior title or make any requisition or objection with respect thereto.

5.—The purchasers shall assume, as is believed to be the case, that the funeral and testamentary expenses and debts of the said Richard Delahay, deceased, and all legacies bequeathed by his- said will have been satisfied or discharged, and that there are no outstanding claims in respect thereof, and shall not make any requisitions or objections in respect thereof.

6. —In any case where William Henry Delahay sells or concurs in any assurance as tenant for life under the provisions of the Settled Land Acts, 1882 to 1890, his covenants for title and further assurance, whether expressed or implied, shall, as regards the reversion or remainder expectant on his life estate in the property conveyed be qualified to extend only to the acts or defaults of himself and his own heirs and persons claiming under or in trust for him or thorn.

7.—The purchaser shall deliver to the vendor's solicitors a statement in writing of all his objections and requisitions in respect of the title, or evidence of title, or the abstract, and of all matters appearing on the abstract, particulars or conditions of sale within 21 days from the delivery of the abstract, and all further objections and requisitions arising out of the replies to any former objection or requisition within 10 days from delivery of such replies. In default of such objections or requisitions (if none), and subject only to such (if any) the title shall be deemed accepted, and all other objections and requisitions waived. Time shall be in all respects of the essence of this condition.

8.—If the purchaser shall insist on any objection or requisition as to the title, or evidence of title, or the abstract, particulars, conditions, conveyance, possession, receipt of rents, surrender or otherwise which the vendor shall be unable or unwilling to remove or comply with, the vendor may, by notice in writing, notwith­standing any intermediate or pending negotiation or litigation in respect of such objection or requisition or any attempt made to comply therewith, rescind the contract, unless within ten days after delivery of such notice the purchaser shall, by notice in writing, withdraw such objection or requisition, and upon such rescission the purchaser shall be entitled to receive back his deposit-money, but without any interest, costs of investigating title, or other compensation or payment whatsoever, and the purchaser shall thereupon return the abstract and all other papers furnished to him. For the purpose of any objection or requisition the abstract of title shall be deemed to be perfect if it supply information suggesting the same, though otherwise defective.

9.—The respective lots are sold subject to all rights of way and water and other easements (if any), land tax, tithes, tithe commutation, chief, quit and other rents and to all tenancies from year to year or for any less period, whether mentioned in the particulars of sale or not, and to all rights- and claims under such tenancies, whether arising during the continuance of the tenancy or after the expiration thereof, and whether under the Agricultural Holdings Act or otherwise, and as to any land which may have been formerly waste or common, subject to the provisions of any Enclosure Act, order or award affecting the same.

10.—Various alterations having taken place by the removal of fences, enclosure, change of names and other­wise, the vendor shall not be required to define the boundaries between the property offered for sale and that of adjoining owners where there are no fences, or to state which of the boundary fences belong to the property, nor to identify or connect any part of the property sold with the description contained in any of the abstracted muniments, nor to account for any apparent variance as to quantity, abuttal’s or otherwise, and each purchaser shall admit the identity of the property purchased with that comprised in the muniments offered by the vendor as the title to such property upon the evidence afforded by a comparison of the description in the particulars and muniments and (except as regards a portion of Lot 34) of a statutory declaration to be made by William Henry Delahay that he and his predecessors in title have been in undisturbed possession of all the properties now offered for sale for a period of 25 years, and the vendor shall not be required to adduce any further evidence

11.—No objection shall be made on account of any document executed prior to the passing of the Customs and Inland Revenue Act, 1888, being unstamped or insufficiently stamped. Any stamping or further stamping required by the purchaser with regard to any such document shall be done at his expense.

12-—The rents and profits or possession will be received or retained, and the outgoings discharged by the vendor up to the 2nd February, 1914 next, as from which day all outgoings shall be discharged by, and the rents and profits or possession shall belong to the purchaser, and the rents and profits and outgoings shall (if necessary) be apportioned for the purpose of this provision, but the purchaser shall not be let into the actual possession or receipt of the rents and profits until the completion of the purchase, and the purchaser shall, on completion, pay to the vendor his proportion of the current rent, less his proportion of current outgoings.

13.—If from any cause whatever other than the wilful default of the vendor, the purchaser fails to complete his purchase on the appointed day, he shall pay to the vendor interest on the balance of the purchase-money and also on the valuation for timber, fixtures and other matters at the rate of £5 per cent, per annum from that time until actual completion.

14.—The counterparts or copies of the tenancy agreements referred to in the particulars may be inspected at any time previous to the sale at the office of the vendor's solicitors, and the purchaser, whether availing himself of such opportunity for inspection or not, shall be deemed to have full notice of the contents thereof (notwithstanding any partial or incomplete statement of such contents or of the terms in the particulars of sale or these conditions or any inaccuracy in any such statement), and also of the state of the property as to repairs or otherwise. In any case in which the vendor has no counterpart or copy of the tenancy agreement or there is no agreement in writing the purchaser in that case shall be satisfied with such evidence of the terms of the tenancy as the vendor may be able to adduce.

15.—The respective purchasers of the several lots shall, in every case, be satisfied with an accept as sufficient the statements in the particulars of sale as to the amount of any tithe rent-charge, chief, quit or other rent or apportioned part their of or other outgoings to which any lot or part of a lot is now subject or is for the purpose of the present sale to be taken to be subject, and shall not make any objection or requisition on the ground of any tithe rent-charge or other outgoing not being now or not having been on a former occasion legally apportioned, or require the same to be now legally apportioned or any indemnity against any part thereof which ought to be borne by other property. The respective purchasers shall also be satisfied with the arrangements stated on the particulars for the apportionment of any rents, sporting or otherwise, and shall accept the apportionment made by or stated in the particulars as conclusive and satisfactory in all respects, and shall not require the consent of the tenant to any such apportionment or require any legal apportionment out of the said rents or make any requisition in respect thereof.

16.—The properties are believed and shall be taken to be accurately described respectively in the particulars as to quantity and otherwise, and any error, mis-statement or omission in the particulars or plan shall not annul the sale nor shall any compensation be allowed by the vendor or the purchaser in respect thereof.

17.—No objection shall be made if it should be found that any of the notices to quit mentioned in the particulars are not effectual notices to quit.

18.—The respective purchasers of those lots, as to which it is stated in the particulars that the gas plant and fittings and landlord's fixtures and the timber, timber like trees, tellers, pollards, saplings, plantations and underwood are to be taken to at a valuation, shall, on completion and in addition to the amount of their biddings pay for same by valuation as aforesaid. The valuation referred to in this condition shall be made by two valuers, one to be named by the vendor and the other by the purchaser, or by an umpire to be named by the valuers before proceeding to the valuation, and in case the purchaser shall neglect or refuse to appoint a valuer and notify the same in writing within 14 days after being requested by the vendor so to do, then the valuation shall be made by the valuer appointed by the vendor alone, and hisvaluation shall be final.

19.—Parts of the Cwm Farm and the dwelling house known as Brockwell are entitled to a supply of water from the spring in Henley's Field, which forms part of Lot 33 under agreements dated the 9th day of May, 1906, and the 11th day of May, 1906, respectively. The purchaser of Lot 53 and of Lots 31, 32 and 35, through which the pipes conveying the water supplied under the said agreements are laid, shall purchase subject to the said agreements so far as such respective lots are affected thereby, and such respective purchasers shall, if required, covenant with the vendor to the effect following, that is to say, the purchaser of Lot 33 shall covenant that subject to the performance by the purchasers of Lots 31, 32 and 35 of the obligations imposed on them by the covenants hereinafter mentioned, the purchaser of Lot 33, his heirs and assigns, shall, so long as the said agreements, or either of them, shall remain in force, perform all the obligations imposed thereby on the owner of the Urishay Castle Estate, and the purchasers of Lots 31, 32 and 35 shall covenant that so long as the said agreements, or either of them, shall remain in force such respective purchasers, their heirs or assigns shall do nothing to interfere with the supply of water under the agreements or agreement, for the time being in force, through the pipes laid in or under the lots purchased by them respectively. The owner of Lot 33 shall be entitled to the yearly rent or payment of £1 10s. reserved by the said agreement of the 11th day of May, 1906, and shall be the person to exercise the right of determining the said agreements which i.e. reserved to the owner of the Urishay Castle Estate. The covenants in this clause referred to shall be prepared by and at the expense of the covenanters.

20.—Lots 31 and 32 derive a supply of water from the said spring in Henley's Field. The purchaser of Lot 33 shall be bound, so long as the said agreements of the 9th and 11th May, 1906. remain in force to continue such supply, and the purchasers of the other lots through which the pipes lay which such supply is obtained are laid, shall purchase subject to the obligation of permitting the purchasers of Lots 31 and 32 to use such pipes for the purpose of obtaining such supply and to come on the lots through which the same are laid for the purpose of inspecting and repairing, at their own expense, the pipes and tanks used (or such supply, making good all damage done thereby. Copies of the said agreements of the 9th and 11th days of May, 1906, will be produced at the sale and may be inspected at the office of the vendor's solicitors at any time previously thereto, and every purchaser, whether availing himself of such opportunity of inspection or not, shall be deemed to purchase with full notice of the contents of the same agreements and shall also be deemed to have notice of the position of the lines of pipes above referred to, notwithstanding that such position may not be accurately shown on the plans annexed to such agreements.

21.—Lot 23 is sold subject to the provisions of an agreement dated the 17th day of May, 1894, as to the laying down and maintenance of a water pipe under the same. A copy of the last-mentioned agreement will be produced at the sale and may be inspected at the office of the vendor's solicitors at any time previously thereto, and every purchaser, whether taking advantage of such opportunity of inspection or not, shall be deemed to purchase with full notice of the contents of such agreement, and no requisition or objection shall be made on account of the vendor's inability to produce the original or a copy or to give any information with respect to an agreement of even date therewith, which is referred to in the said agreement of the 17th May, 1894. The purchaser of Lot 23 shall, if required, covenant with the purchasers of Lots 1, 2, 3, 4, 5, 6, 7 and 22 respectively, which obtain their water supply by means of the pipe referred to in the said agreement of the' 17th May-, 1894, that the purchaser of Lot 23, his heirs or assigns, will not, without the consent of the owners of Lots 1, 2, 3, 4, 5, 6, 7 and 22, determine the said agreement of the 17th May, 1394, or do anything to prevent such owners from obtaining their water supply.

22.—If any question shall arise as to the form of any covenant or provision to be inserted in the conveyance of any lot pursuant to any of the above conditions, the same shall be determined by the vendor's counsel, whose decision shall be final.

23.—The vendor will deliver to every purchaser whose purchase-money shall exceed £250 or to his solicitor an abstract of the vendor's title to the lot or lots purchased by that purchaser. No purchaser whose purchase-money shall not exceed £250 shall be entitled to an abstract of title, except at his own expense, and unless within seven days after the sale he shall apply in writing to the vendor's solicitors for the delivery of an abstract of title to the lot or lots purchased by him, and shall pay his charges for the same, in default of which application and payment he shall be deemed to have accepted the vendor's title, and in this respect time shall he deemed of the essence of the contract.

24.—The vendor will duly present the particulars necessary for the assessment of increment value duty (if any) in respect of each lot sold, and will, on completion of the purchase of that lot, if the conveyance thereof shall not then have been stamped with the appropriate denoting stamp as to the said duty, hand over to the purchaser the official receipt for the said particulars; and the purchaser shall be satisfied therewith, and shall not be entitled to delay the completion of the purchase on the ground of the said stamp not having already been obtained, or on any other ground in connection with the said duty.

25.—Upon payment by each purchaser of the balance of his purchase-money with such interest (if any) as shall have become payable thereon, the vendor and all other necessary parties (if any) will execute a proper conveyance to the purchaser of the lot or lots purchased by him. The conveyance to each purchaser to whom an abstract of title is delivered, shall be prepared and stamped (except as to increment value duty) by and at the expense of the purchaser, and the draft thereof shall, at least 21 days before the day appointed for completion of the purchase by such purchaser, be left at the office of the vendor's solicitors for perusal and approval on behalf of the vendor and other conveying parties (if any), and the engrossment thereof shall at least seven days before the said day for completion be left at the said office for execution by them respectively. The convey­ance to each purchaser (if any) to whom an abstract of title is not delivered, shall be prepared and stamped (except as aforesaid) by the vendor's solicitors, at the expense to the purchaser of a fee of £4 4s. and also of the stamp duty (except as aforesaid). Every other instrument, act and thing (if any) which shall be required by any purchaser for tracing, getting in, or releasing any outstanding estate, right or interest, or for completing or perfecting the vendor's title or for any other purpose, shall be prepared, made and done by and at the expense of the purchaser requiring the same.

26.—The vendor shall retain such muniments as relate to any part of the property sold and also to any other property whatsoever, whether real or personal in which the vendor retains any interest. Such of the muniments of title as relate exclusively to any one lot shall be delivered to the purchaser of that lot; and such as relate exclusively to any two or more lots mentioned in the particulars shall, on completion of all the pur­chases, be delivered to the largest purchaser in value of the property to which the same relate, whether he buy at the present sale or previously or subsequently thereto. The vendor and every other person having the custody of muniments of title under this condition shall give the proper statutory acknowledgment of right to production and delivery of copies and the proper statutory undertaking for safe custody thereof to every purchaser of property comprised in such muniments of title who shall require the same; such covenant or such acknowledgment and undertaking shall be prepared by and at the expense of the covenantee, but the covenantor shall bear the expense of the perusal on his part and the execution thereof by him.

lastly.—If any purchaser shall neglect or fail to comply with the above conditions his deposit may be forfeited, and the vendor shall be at liberty to re-sell either by public auction or by private contract the lot or lots originally sold to such purchaser, and either after notice to him without any such notice. Any deficiency in the price obtained on such re-sale and all expenses attending the same or any attempted re-sale shall immediately thereafter be made good and paid to the vendor by the said original purchaser, and shall be recoverable by the vendor as liquidated damages, and any increase of price obtained on such re-sale shall belong to the vendor, and it shall not be necessary for the vendor to tender any conveyance to such defaulting purchaser.