THE ISLAND OF HERM
Auction Particulars and Contract of Sale, Tuesday 29th July 1884


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CONDITIONS OF SALE

I. The highest bidder shall be the purchaser, and if any dispute shall arise as to the last or highest bidder the property shall be put up against the last undisputed bidding.

II. No person shall advance a less sum than £50 at each bidding or retract his bidding. The sale is subject to a reserved price, and the vendors reserve the right of bidding by their agent.

III. The purchaser shall immediately after the sale pay into the hands of the Auctioneer a deposit of £10 per cent. on the amount of the purchase-money and sign the form of agreement annexed to these conditions. The purchaser shall pay to the vendors the remainder of his purchase- money and also the amount of the valuation under the fourth condition of sale on the 3rd 30th day of September next, at the offices of Messrs. ARNOLD & Co., the vendors' solicitors, at 60, Carey Street, Lincoln's Inn, London, or at such place in the Island of Guernsey as the vendors' solicitors may appoint for the purchase to be completed. Upon payment, on the 3rd 30th day of September next, of the balance of the purchase-money and also of the amount of the valuation aforesaid the purchaser is to be entitled to the possession or to the rents and profits of the premises sold as from that day, up to which day all outgoings, or a proportionate part thereof, will be discharged by the vendors. If from any cause whatever, except wilful and capricious delay on the part of the vendors, the purchase shall not be completed on the 3rd 30th day of September next, the purchaser shall pay, notwithstanding any notice to the contrary, interest at the rate of £5 per cent. per annum on his unpaid purchase-money and on the amount of the valuation aforesaid until the purchase shall be completed, but without prejudice to the vendors' right to proceed under the last condition.

IV. The Purchaser shall takes at a valuation the boats belonging to the vendors and also all the machinery, plant, farm implements, iron hurdles, furniture, live and dead stock, manures, and grtowing and other crops belonging to and game (except the crop of grapes and chapel furniture and fittings) of the vendors which shall be on the island on the 1st 6th day of September next August 1884. Such valuation to be mad by two valuers or their umpire. If the purchaser shall fail to appoint a valuer and to give notice thereof in writing within ten days from the day of sale to the vendors' solicitors, or if the purchaser shall so appoint a valuer who may be unable or unwilling to act, then the valuer appointed by the vendor may proceed alone, and his decision shall be final and binding on the purchaser. All chattels the subject of this valuation shall be at the rtisk of the purchaser who will on completion of his purchase repay to the vendors the sums of money expended by them for wages hereafter but not the salary of Mr Simmonds as from the 1st 6th day of September next August 1884 but no act or acts of the purchaser shall be deemed to confer on him a right to possession of the Island or chattels before payment of the full purcghase money.

[hand written additions]

V. The vendors shall at their own expense forthwith deliver to the purchaser or his solicitor or agent an abstract of the lease of the island made to the vendors by Her Majesty's Procureur and others. As such lease can be seen by appointment at the office of the vendors' solicitors prior to the day of sale the purchaser shall be deemed to buy with full notice of and subject to the contents of the said lease. Such lease shall be deemed to have been duly and properly made and executed and to be valid and subsisting, and no objection or requisition shall be raised or evidence required, in respect of the title anterior to the date of the said lease, notwithstanding the earlier title maybe recited or mentioned therein. As the said lease has been recently made and the island can be inspected by the purchaser prior to the day of sale, he shall assume that all the covenants and conditions contained in the lease have been duly observed and performed.

VI. A11 objections and requisitions (if any) respecting the title, or evidence of title, or the particulars, conditions or plan of sale, shall be delivered in writing at the office of the vendors' solicitors, within ten days after the delivery of the abstract, and all objections and requisitions which shall not be so delivered within that time shall be taken as waived, and time shall in this respect be deemed of the essence of the contract. In case the purchaser shall consitently with these conditions insist on any objection or requisition to the vendors' title, evidence of title, particulars, conditions, or plan of sale

 
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