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Preston's works on Estates, on Abstracts of Title, and on the Practice of Conveyancing, should be attentively studied in the order in which we have severally laid them down. It will also be necessary to acquire some knowledge of the Law of Copyholds, of which much valuable information may be obtained from Mr. Scrivens' treatise on that subject. The Law of Wills, and the Duties of Executors must also be gone into, which will be found well treated upon in Jarman on Wills, Williams' Executors, and some of the latest editions of Roper on Legacies. When the task of the perusal of all these books has been accomplished, Mr. Fearne's work on Contingent Remainders must be read until every portion of it is thoroughly understood, which, when achieved, the reader may congratulate himself that no legal writer is beyond the power of his comprehension. Having thus laid not only a good foundation, but built up a tolerable fabric, the student may finish off by reading all the modern works bearing upon the Laws of Real Property in connection with the practice of Conveyancing; all of which, or at any rate, such of them as have gone through the ordeal of a second edition, are worthy of an attentive perusal; and if they do not always enter very deeply into the law of the various subjects upon which they profess to treat, they give us the law of the present day as it really is, laid down in a clear and pleasing style, and afford a vast store of valuable information, which cannot fail to prove essentially useful in practice.

Having said thus much about books, we have now to observe that the principal subjects to which the student should devote his attention, and strive to make himself a thorough master of. These are :—

1st. The nature, quality, and incidents of the various sorts of property which may become matters of any conveyance, settlement, or any other transaction falling within the scope of a conveyancer's practice.

2ndly. The several estates and interests into which this property is capable of being carved out and modified, and the various purposes to which it may be applied, and herein particularly of the law of Uses and Trusts, of Powers, of Estates Tail, Contingent Remainders and Executory Devises, of the rules against Perpetuities, the laws relating to disentailing Assurances, of Descents, the doctrine of Merger, and the operation of the Statute of Mortmain.

3rdly. The nature and operation of the various modes of assurance, and the particular circumstances to which they are especially adapted, must also be attentively considered,

so that the most effectual instrument may always be employed to accomplish the end for which it is designed.

And now we will proceed to point out the real object and nature of the present work, which is, to treat upon the practice of conveyancing, as distinct from the law itself; not to show what the law is, but how it is to be carried out in practice. This subject, which is intended to comprehend the practice of every department of conveyancing, will be treated upon under the following heads; viz., 1, Sales; 2, Securities; 3, Leases; 4, Settlements; 5, Indemnities and 6, Wills.

The head "Sales" will embrace transactions relating to the purchase of every kind of property capable of being made the subject-matter of disposition by deed, or any other written instrument, and will point out the course of practice to be pursued by the solicitors on both sides, in the conduct of all transactions connected with it, so as to show how the business ought to be conducted through all its numerous details from the commencement to its termination. We shall commence with those preliminary measures which usually precede the contract, taking up the subject from the first communication between the solicitor and his client; showing what course a vendor's solicitor should take to ascertain the nature and value of the property, as also what mode of sale it will be most prudent to adopt before he ventures to place it in the market; and in what way he should prepare the contract and particulars and conditions of sale, and see them properly carried out; as also how the solicitor for the purchaser should act in his part of the transaction; and in what way all matters connected with these proceedings should be managed by the respective solicitors on each side, in this early stage of the proceedings.

The intermediate steps between the contract and the conveyance will be next considered, wherein directions will be given for preparing the abstract, its delivery to the purchaser's solicitor, the duties of the latter in investigating the title, the requisitions and objections, and how these should be made, as also how any correspondence or negotiation concerning them should be conducted; with practical directions relating to the evidence, and other proofs in support of the title; and also how deeds, documents, and other matters of title are to be inspected, examined, and compared with the abstracts.

The search and inquiry for judgments, and other incumbrances, the getting in of all outstanding legal estates, clearing up imperfections of title, procuring the concur

rence of all necessary parties, and all other intermediate proceedings from the time of entering into the contract to the acceptance of the title, will be then considered. After this, directions will be given for preparing the conveyance, or such other assurances as may be necessary to vest the property, of whatever nature it may consist, either in the purchaser, or in such manner as he may think proper, and, at the same time, to show what clauses are essential, their effect and operation, and the order in which they should be inserted in the deed, with all necessary instructions for penning them.

The course to be pursued with respect to forwarding the draft for the perusal of the solicitors of the different parties connected with the transaction, and also with regard to any alterations made or objections taken, and the whole line of conduct to be adopted by either party in this important part of the business, will be next pointed out.

The forms to be observed in the execution of the deed; the payment of the purchase money; the handing over of the title deeds, and the necessary covenants for their production; and all other matters connected with the finishing and winding-up of the whole business will also be fully considered.

The steps to be taken by either vendor or purchaser for annulling, or enforcing a specific performance of the contract, and the various remedies to be resorted to in case of any breach of contract by the opposite party, will be fully entered into and discussed, and the line of practice to be followed in cases of this nature clearly pointed out.

Under the head of "Securities" will be included all such instruments of assurance as are employed as a security for the payment of a definite and certain sum of money; as Mortgages, Bonds, Redeemable Annuities, Bills of Sale, and Warrants of Attorney.

"Leases," will comprehend leases of every kind and description:-of Houses, Lands, Estates, Building Leases, Leases for the purpose of carrying on any kind of manufactory, Mining Setts, or for any other lawful object, and will embrace not only lands, but every kind of property which may be made the subject-matter of a demise.

The head of "Settlements" will take in, not only every sort of assurance within the strict acceptation of that term, as marriage and other settlements, but also declarations of trust, and trusts of every kind and description, appointments in exercise of powers, Releases, Partnership Deeds, Composition Deeds, and Assignments for the benefit of Creditors;

while, under the head of "Indemnities," will be included every species of Guarantee whatever.

The subject of "Wills" is intended to comprehend practical directions for taking instructions for preparing and drawing wills, pointing out at the same time, how those instructions are to be carried out; how the will itself should be penned; the manner in which it must be executed and attested, and all other matters connected with that important business.

The subject of the Costs for conducting all the above transactions, how they are to be made; to what amount, and by whom they are to be paid, will be fully entered into and discussed in the progress of the work, in connection with the several matters to which such costs particularly relate.

BOOK THE FIRST.

SALES.

CHAPTER I.

PROCEEDINGS PRIOR TO THE CONTRACT.

I. INTRODUCTORY OBSERVATIONS.

II. PRACTICAL OBSERVATIONS AS TO THE PROPRIETY OF INVESTIGATING THE VENDOR'S TITLE BEFORE OFFERING THE PROPERTY FOR SALE.

III. OF THE PROPRIETY OF ASCERTAINING THE NATURE, EXTENT, AND VALUE OF THE PROPERTY.

IV. OF THE ADVERTISEMENTS AND OTHER STEPS TO BE TAKEN IN ORDER TO GIVE PUBLICITY TO THE SALE.

1. In ordinary cases.

2. Where the sale is made under a decree.

V. DIRECTIONS FOR PREPARING THE PARTICULARS AND CONDITIONS OF SALE AND CONTRACTS IN ORDINARY CASES.

1. As to the particulars.

2. As to the conditions of sale.

1. As to freeholds.

2. As to leaseholds.

3. As to copy holds.

4. Of growing timber.

5. Of life estates, and reversionary interests, policies of insurance, shares in public companies, and of goods, furniture, and other effects.

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