Auction Particulars and Contract of Sale for the ISLAND OF HERM on Tuesday 29th July 1884


James Stevens LINKLATER

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or conveyance, or otherwise, which the vendors shall not be able or willing to remove or comply with, they shall be at liberty by notice in writing by their solicitors to be delivered to the purchaser or his solicitors, and that either before or after answering, or attempting, to answer, or otherwise discussing such objection or requisition, to annul the sale, and in such case the vendors shall, within one week after the delivery of such notice, repay to the purchaser his deposit-money, and the purchaser shall not be entitled to any interest thereon, or any other compensation or expenses whatever.

VII. The island is subject to the payment in perpetuity annually of grain rents of the annual value of £210, or thereabouts, and also to an annual sum or ground rent of £14, payable under the lease granted by the Crown. The particulars, or a summary of the grain rents, appear in an act of transfer, dated the 12th day of January, 1882, of which a copy or the original will be produced by appointment previously to the day of sale at the office of the vendors' solicitors, and the purchaser will purchase subject to the payment of all the said rents, and will covenant to pay the same rents and exonerate the vendors therefrom, in the usual manner according to the law and customs of Guernsey. The production of the receipt book which is now in the vendors' possession shall be deemed to be sufficient, and conclusive evidence of all such rents having been hitherto duly paid or discharged to the rightful owners or proprietors thereof.

VIII. The purchaser shall buy the property subject to any rights and easements of the inhabitants of the islands of Guernsey and Sark and other persons, which may affect the same, whether mentioned in the particulars of sale or not. Upon payment by the purchaser of the remainder of his purchase-money and of the amount of the valuation aforesaid and of the interest (if any) payable in respect thereof according to these conditions, the vendors or their duly constituted attorney shall make a proper assurance or pass a contract of the island pursuant to these conditions to the purchaser. Such assurance to be executed and contract passed and the expense thereof borne in the form and manner usual in the Island of Guernsey, and to contain the covenants and clauses usual in like assurances and contracts in that island. The purchaser shall, by himself or his duly constituted attorney, appear at Guernsey, and accept a transfer of the said island according to the laws of Guernsey. The vendors shall not be required to appear personally at Guernsey if they shall execute a power of attorney or procuration in accordance with the laws of Guernsey for enabling some other person to appear there for them.

IX. If any mistake, error or omission shall have been made in the particulars or plan of sale such mistake, error or omission shall not annul the sale, and no compensation shall be given or demanded either by the vendors or purchaser in right thereof.

LASTLY. If the purchaser shall neglect or fail to comply with any of the foregoing conditions of sale his deposit-money shall be forfeited to the vendors, who shall be at liberty to resell the premises, with or without notice to him, either by public auction or private contract, at such time and place and subject to such conditions and in such manner as they may think fit, and the deficiency (if any) occasioned by such second sale, together with all expenses attending the same, shall, immediately after such resale, be made good to the vendors by the purchaser at this present sale, and in case of nonpayment the whole thereof shall be recoverable by the vendors as and for liquidated damages, and any increase in price on such second sale shall belong to the vendors, and it shall not be necessary previously to tender or offer to make a conveyance or other assurance to the purchaser at this present sale.

8a If the purchaser shall require the sum of four thousand pounds to remain on mortgage of the Island at £4 per cent ? payable half yearly the Vendors will ? by themselves or some other person make such advance to him for a term of five years he keeping the island with the buildings hereon in a good state and condition and also insured against fire and observing also the covenants and conditions of the lease ??????? to be secured by documents [?] conformable [?] to the laws of England and Guernsey and to contain [?] all such arrangements [?] and conditions [?] and provisions as the solicitors of the Vendors may reasonably require and the cost thereof to be borne by the Purchaser.

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