2. Production of deeds, who may compel, p. 202.

Owner of undivided share, 202—of estate held under one of several titles created by same instrument, ib.—purchaser of portion of estate, 203—contingent remainderman cannot, ib.-whether vested remainderman can, ib.-remainderman under purchase-deed, 204—unpaid mortgagee need not produce deeds, ib.— exceptions from rule, 204, 205-liability of mortgagee for their loss or destruction, ib.

3. Non-production of deeds—how far important, p. 205.

It may be notice of their deposit, 205.

4. Examination of deeds, matters to be observed in, p. 206.

CHAPTER X.

AS TO MATTERS ARISING BETWEEN DELIVERY OF ABSTRACT AND PREPARATION OF CONVEYANCE.

1. Time, when essential at Law and in Equity, p. 208.

Is essential at Law, 208-not in Equity, unless by agreement, or under special circumstances, ib.— -as where vendor incurs fresh liability, 209-or property is of fluctuating value, ib.—or determinable character, ib.-or is evidently required at once, ib.—or vendors are a fluctuating body, ib.-tendency of modern decisions, ib.-purchase-money being wanted to discharge incumbrancers, is material, 210-private unexpressed motives for purchase immaterial, ib.-effect of, if subsequently communicated, ib.-undertaking to deliver possession not binding in Equity, ib.—wilful delay concludes in Equity, ib.—either vendor, ib. -or purchaser, 211,-less time now allowed, ib.-title at hearing, when sufficient in Equity, ib.—rule at Law, ib.—time may be limited by notice, ib.—allowing a reasonable period, ib.-vendor giving notice need not return deposit, 212-purchaser giving notice need not sue for deposit, ib.—cannot determine contract without notice, ib.-time, when held to remain optional, ib.—although essential may be enlarged or waived, 213-by proceeding in purchase, ib.—or neglecting to require possession, ib.-how not enlarged at Law, ib.-conditional waiver, ib.-time for delivery of abstract, how waived in Equity, 213, 214— waiver by not objecting to certain or highly probable delay, ib-effect of protest, ib.-" month," 215.

2. Objections to title;-negotiations upon and waiver of ;—when possession

taken amounts to waiver, p. 215.

Effect of negotiations on condition as to objections, 215-solicitor purchasing from client cannot object to title which he accepted, ib.-danger of frivolous objections, &c., ib.- -or of withholding objections, &c., 216-purchaser's prima facie right to good title, ib.—may be waived, 217-counsel's opinion, when not binding, ib.-acceptance of title, subject to specified requisition, ib.—waiver may be implied, ib.—from apologies for non-payment, ib.—from payment for and dealing with estate, 218-preparation, &c., of conveyance, when a waiver, ib.-attempt to resell, no waiver, ib.-to resell part, ib-possession, when evidence of waiver, 219, 220-leasing, equivalent to possession, 220.

3. As to the general rights and liabilities of a purchaser in possession, p. 220. He may generally act as owner, without waiving title, 220-whether so after discovery of defect, 221-retention of possession and refusal to discuss title, acceptance, ib.—waiver of title, but not of compensation, ib.-waiver, how modi

fied, ib.-purchaser rejecting title may be ejected without compensation for expenditure, ib.-what allowance made when vendor sues in Equity, 222— purchaser whether liable for use and occupation, of title bad, ib.—giving up possession may maintain use and occupation after completion, when, 223— rejecting title must reinstate altered premises, ib.

4. Vendor in possession, by altering property, avoids the contract, p. 223. Material alteration of property by, may avoid contract, 223, 224—e. g. fall of ornamental timber, 224-alterations in value of estate, or failure of consideration, ib.

5. As to entry and possession by railway companies before completion, p. 224. Provisions of Lands Clauses Consolidation Act, 1845, as to entry, &c., 224, et

seq.

CHAPTER XI.

AS TO SEARCHES FOR, AND INQUIRIES RESPECTING,

INCUMBRANCES.

1. What inquiries should be made of vendor's solicitors and of supposed incumbrancers, trustees, and tenants, p. 227.

Inquiry to be made of vendor's solicitors, 227—and supposed incumbrancers, ib.— whether incumbrancer need communicate his claim, 228-inquiry to be made of trustees, ib.-but does not give priority, 229-liability of trustee, ib.-inquiry of tenants, ib.

2. What searches should be made for incumbrances-law respecting judgments, fc., p. 229.

Liability of solicitor omitting to search for incumbrances, &c., 229, 230-general law respecting judgments, 230-purchasers, &c., without notice, not affected by 1 & 2 Vict. c. 110, ib.—want of notice not to be relied on, ib.—judgments under old law, what they do or do not affect, 231-docketing necessary, ib.— puchaser bound by notice of undocketed judgment, ib.-Equity aided creditor, when, ib.-effect of bankruptcy, ib.—purchaser without notice, protected by legal estate, ib.—with notice, protected by exercise of power of appointment, 233-judgment after contract, ib-extended remedies of creditor under 1 & 2 Vict. c. 110, 233 to 236-effect of bankruptcy, ib.-creditor postponed to cestui que trust, or prior equitable incumbrancer, 237-judgment, whether a charge on mortgage debt, ib.—is a charge on annuity issuing out of, 238-on legacy charged on land, ib.—or unpaid purchase-money, ib.—and surplus proceeds of sale by mortgagee, ib.-certain decrees and orders operate as judgments, ib.— remedies under new law depend on registration, 238, 239-to be renewed every five years, 239-whether so as to palatinate judgments, 239, 240-whether such judgments bind purchasers without notice, ib.-effect of notice of unregistered judgment, ib.—of judgment docketed but not registered, or registered but not re-registered, 241.-Crown debts and accountantships, ib.―lis pendens, 242.— Court rolls and local registers, ib.-bankruptcy and insolvency courts, ib.—annuities, 243-recovery deeds, and acknowledgments by married women, ib.

3. Time for making searches and inquiries, p. 243.

Searches, &c., time for, 243-unnecessary, costs of not allowed, 244.

CHAPTER XII.

AS TO THE PREPARATION OF THE CONVEYANCE.

1. General matters relating to, and to the form of, p. 245.

Purchaser prepares conveyance, 245-manorial custom, contra, valid, ib.-conveyance of equitable interest, ib.-preparation of, no acceptance, of title, 245, 246-whether purchaser can require outstanding interests, &c., to be got in by separate deed, 246-statement of unnecessary matters, &c., ineligible, 246, 247 -disentailing deeds, 247-statutory railway conveyances ineligible, ib-parliamentary forms of 1845, ib.-incumbrances, when to be got in by separate deed, 248-how to be kept on foot, if desired, ib.-distinct estates, &c., should be dealt with by separate deeds, ib.-Act for Merger of satisfied Terms, its effect, ib.

2. As to the parties, p. 250.

Who must be, 250-stipulation that unnecessary parties shall concur, ib-purchaser from mortgagee cannot require mortgagor's concurrence, ib-bankrupt, when a party, 250, 251-dowress, 251-assignment of term, whether a sufficient bar of dower, ib.-jointure, 252.

3. As to the recitals, p. 252.

Should be used, with what object, 252-whether desirable in disentailing assurances, 253—of vendor's title, effect of, ib.-of written agreement, when desirable, 254—of objections, in deed of confirmation, ib.

4. As to the consideration, words of conveyance, and parcels, p. 254. Consideration to be truly stated, 254-fixtures, timber, &c., 254, 255-chattels passing by delivery, 255-recital of sale, its effect, ib-apportionment of consideration, ib.-sale in consideration of transfer of stock or grant of annuity, 256-compensation, on sale to Railway Company, 256, 257-operative words, 257-reference to, 4 & 5 Vict. c. 21, unnecessary, ib.-dower uses, ib.-forms of conveyance in colonies, ib.-parcels, how described, 258-mines, &c., when to be specified, ib.

5. As to the covenants, p. 258.

Covenants for title, 258-solicitor's liability, respecting, ib-what entered into by absolute beneficial owner, 259-for whose acts, ib-owner covenants on sale by Court or trustees, 260-landowner's covenants on sale to Railway Company, ib. -covenants by tenants for life, 260, 261-by husband and wife, on sale of her estate, ib.―by fiduciary vendors, ib. 262—incumbrancer releasing, ib.—Crown gives no covenants, ib-parties interested in purchase-money, ib.—covenants against known defect, ib—for production of deeds, 263-purchaser's right to, ib.-respecting what document, 264-with whom vendor should covenant, ib.purchaser's covenants with vendor, 265-on purchase of equity of redemption, ib.-leaseholds, ib.—or freeholds subject to quit rent, &c., ib—for production of deeds, ib.—agreement against using land in specified manner, how carried out, 266-covenants by purchaser of minerals, ib.-by purchaser in consideration of annuity, ib.-purchaser not executing conveyance, yet bound in Equity by covenants, ib.

6. As to draft and engrossment, p. 267. Alterations in draft should be communicated, 267-engrossment, ib.-belongs to purchaser, ib.—executed, and then contract rescinded, ib.

K

CHAPTER XIII.

AS TO MATTERS RELATING TO THE COMPLETION OF THE PURCHASE.

1. The execution of the conveyance by married women, &c.; conveyance of trust estates under the Trustee Act, 1850, p. 269.

Vendor must convey in person, 269-conveyance of freeholds by married woman must be acknowledged, 269, 270—acknowledgment, practice respecting, 270 to 272-assurance of her copyholds, 272-or reversionary interest in proceeds of sale of, or money to be invested in, real estate, 273-or her terms for years, ib. -husband's concurrence, when dispensed with, 273, 274-conveyance of her contingent interests, and disclaimer, 275-assignment of terms by executors, &c., ib.-power for promoters of public undertakings to convey to themselves, ib.-trustees must convey at request, &c., 276.-by what description, ib.-mortgagee need not convey before time fixed for redemption, ib.-assignee in bankruptcy, ib-conveyance of legal estates from trustees, lunatics, or infants, under Trustee Act, 1850, 277-the Court may, in several specified cases, make vesting or releasing order, operating as an assurance, 277, 278—and may make vesting order in respect of mortgaged lands in specified cases, 278, 279—or may appoint person to convey, &c., ib-as to copyholds, ib.-Court may declare who are trustees of land comprised in suit for specific performance, &c., 280—orders under Act, how obtainable, ib.-certain allegations, evidence, if order made thereon, 280, 281-no escheat of trust and mortgage estates, 281.

2. As to the discharge of incumbrances, p. 281.

Vendor liable for incumbrances, &c., until conveyance executed, 281, 282-incumbrances must be paid off or released, ib.--discharge of, under the Lands Clauses Consolidation Act, 1845, 283.

3. As to purchaser's liability to see to application of trust purchase-money, p. 283. Liability tested by intention of author of trust, semble, 283-as expressed or implied, ib.-matters posterior to creation of trust, neither take away, 284-nor confer power to give receipts, ib.—what circumstances attending trust confer it by implication, 281, 285-cases where no such power is implied, 285—subscquent events not material either way, 286, 287-distinction, where the sale itself is a breach of trust, 288-case of sale to provide for deficiency in personal estate, 289-purchase-money is payable to deceased vendor's executor, 290— surviving trustees can give receipts, when, ib.-trustee irregularly appointed, ib.-all trustees must join, ib.—7 & 8 Vict. c. 76, ib.—power to lend on mortgage implies power to give receipts, 291-application of purchase-money in payment of charges, ib.—when estate is intended to be a continuing security, 291-and when immediate sale is contemplated, ib.—charge of debts equivalent to trust for sale to pay, 291, 292-statutes making real estates assets not equivalent to charge of debts, 292-receipt under usual power of attorney, when not a sufficient discharge in equity, 292.

4. Amount payable in respect of purchase-money, how increased or diminished, p. 293. Increased by interest, rate of, 293-payable from what time if delay rests with purchaser, ib.-or with vendor, ib.-whether, until title shown, purchaser may appropriate his money, 294-purchaser in possession pays interest although contract ambiguous, ib.-is payable, from what time, if no time fixed for com

pletion, 295-on sale of reversion, ib.—on valuation of timber, 295, 296—fix tures, 296-leaseholds, 297—trade premises, ib.—what a sufficient appropriation of purchase-money, 297, 298-payment into bank, ib.-purchaser acceding to delay, ib.-express agreement to pay interest, effect of, ib.--" unavoidable obstacle," &c. &c. 299 to 302-agreement to take profits excludes interest, 302-increase of purchase-money for excess in quantity, 303-statutory acre, ib.-vendor's right to compensation, doubtful, 304-variations in quality of estate, no allowance, semble in his favor, ib.-purchase-money, how diminished, 305, 306-by proceeds of estate received, &c., by vendor, 306-deteriorations, ib.--abatement in respect of original defects, 307-for deficiency in quantity, ib.effect of expressions "by estimation," &c., 308—purchaser's right confined to compensation, ib.-surface deficiency on sale of woods, 309-abatement in respect of deficiency in quality, ib.

5. To whom and how purchase-money should be paid, p. 310.

Agent or solicitor not authorized as such to receive it, 310-to whom it should be paid, ib.—on sale in bankruptcy, 311-lien of third party advancing it, as against purchaser's assignees, ib.-payment on sale to railway companies, &c. ib.—prima facie right of parties in possession, 312-affidavit on petition for payment out of court, ib.-re-investment, 313.

6. As to purchaser's right to deeds, attested copies, &c., p. 314. Purchaser's right to deeds, &c., 314-on purchase of only part of estate, ib.-although vendor has covenanted to produce them to other parties, ib.-sale under a settlement, ib.—liability of mortgagee settling several mortgages by a single deed, 315-purchaser not entitled to negative evidences, ib.—his right to attested copies, 315, 316-covenant for production, 316-absence of documents not produced should be explained, 316, 317.

7. Matters necessary to ensure the full effect of the executed conveyance, registration, enrolment, &c., p. 317.

Local registration, 317-what interests are excepted from the acts, 317, 318— copyholds, 318-leases at rack rent, what are, ib.-for twenty-one years, 318London not within the Middlesex act, ib.-assignment of money charged on land, ib.-deed of appointment, 319-railway conveyances, &c., ib.—will, ib.— memorial, its contents, ib.-attestation of, ib.-where deed conveys several shares or estates, 320-registration under Bedford Level Act, ib.--enrolment under Mortmain Act, ib.—enrolment of disentailing deed, 321-consent of protector, ib.-assurances on sale by tenant in tail of copyholds, 321, 322-certificate of acknowledgment by married women, 323-entry on court rolls of copyhold assurances, ib.-conveyance of contingent interest in copyholds, 324--assurance of copyholds under the L. C. C. Act 1845 to be entered on court rolls, ib.-indorsed notice of conveyance, when expedient, 324, 325—notice to trustees, ib.-to mortgagee on purchase of equity of redemption, ib.

8. As to stamps, p. 325.

Deed unstamped, not evidence, 325-may be stamped after execution, ib.―ad valorem duty payable only on consideration stated, 326-on what consideration, 326, 327-amount may be reduced, to lessen duty, 328-family arrangement, ib. -money paid for lease granted at request, ib.-duties payable under 13 and 14 Vict. c. 97, ib.-commissioners may determine proper amount, 329-certain conveyances exempted from increased duty, ib.--what payable on single conveyance to joint purchasers, ib.-or in case of sub-sales, 330-on single conveyance of separate estates to sole purchaser, ib.—deed of confirmation, ib.—princi