402 THE BOOK OF THE LANDED ESTATE. 



defects which may then or thereafter be discovered. If any wilful damage should be 

 done to the standing timber or other trees, the amount thereof to be estimated by the 

 agent of the estates, which shall be final and binding ; and the amount thereof, 

 together with the expenses of such settlement, to be borne and paid by the purchaser 

 of the lot or lots in question. 



5. The lots after the sale to be at the risk of the purchasers, and not of the pro- 

 prietor; and no lot shall be removed without delivery thereof by the proper officer of 

 the estate, and any person presuming to remove any lot without such delivery, will 

 be considered a wilful trespasser, and prosecuted accordingly. 



6. The trees constituting each lot are believed to be correctly numbered, marked, 

 and described; and the purchasers are to take the same as being correctly numbered, 

 marked, and described, without being entitled to any compensation or abatement 

 from their purchase-money by reason or on account of any deficiency or mistake, or 

 alleged deficiency or mistake, in quantity, quality, number, or description. And 

 should any dispute arise between any of the purchasers as to any tree or trees, mark 

 or marks, number or numbers, belonging to any lot or lots, the same shall be referred 

 to a person appointed by the agent in charge of the estate, whose decision shall be 

 binding and conclusive upon all^parties. 



7. Should the purchaser or purchasers fail to comply with any of the above con- 

 ditions, the deposit-money shall be forfeited, the vendor shall be at full liberty to 

 resell the said lot or lots, either by private sale or public auction, and the deficiency 

 (if any) by such second sale, together with all charges attending the same, shall be 

 made good by the defaulter or defaulters at this present sale. 



8. The proprietor, the said , his heirs and executors, always retaining 

 and reserving to himself and heirs aforesaid a right of lien or hypothec, and prior 

 and preferable to all other parties whatever, over the timber sold in the forest until 

 the purchaser's bills or purchase-prices are duly paid ; and any person failing to 

 clear the forest of his purchase within the time prescribed, shall forfeit and lose what- 

 ever timber belongs to him that may be found in the forest after the expiry of the 

 time allowed for removal, and the same shall revert to the said proprietor, or his heirs 

 or executors. 



9. Purchasers may erect saw-mills or other means of manufacturing the timber in 

 such sites and situations as the agent shall point out. 



Such conditions must of course be drawn out on stamped paper 

 sufficient for the value of the sale, and signed by the proper parties 

 connected with it, by the purchaser, and by witnesses to each 

 signature. 



In the summer of 1867, I was called upon by the managers of an 

 estate in Lancashire, which was in the hands of the Court of Chancery, 

 to inspect and report upon the woodland on the estate. I marked and 

 valued a large number of oak, ash, elm, pine, sycamore, alder, willow, 

 poplar, birch, lime, chestnut, and beech trees, and described and divided 

 them into lots which I thought would be suitable for purchasers. The 

 lots were sold by auction, pursuant to an order of the High Court of 

 Chancery, and with the approbation of the judge of the court. 



The estate is intersected by good roads, and the lots lay contiguous to 



