CONDITIONS OF SALE-continued.

For preparation and execution of conveyance, 60.

For apportionment of rent, ib.

As to crops, fixtures, and timber, 61.

As to misdescriptions, and for compensation, 62 to 65.

As to deeds and attested copies, 65, 66.

Restrictive of purchaser's right to title and evidence, 66 to 68.
As to identity, 69.

Stringent conditions not favored, ib.

As to expenses, 70.

As to indemnity, against charges, &c., ib.

As to time for objections, &c., 70 to 72.

As to resale, and forfeiture of deposit, 73, and see 451.

Matters of fact stated in, must be proved, 73.

Special, what generally required in various cases, 74 to 76.

Use of special, by fiduciary vendors, 76 to 78.

Effect of express power to sell under special, 78.

What objections respecting, are objections to title for purpose of reference,

520.

What usually omitted, on sale by Court, 552.
CONDITIONAL POWERS AND TRUSTS.
As to sales under, 30.

CONDUCT,

Of parties, evidence of illegitimacy, 170.

Whether admissible as evidence against advancement, 439.
CONFIRMATION.

Of alien's title, by Crown, 9.

Of voidable purchase by trustees, &c., 26.

Of void exchanges, by Tithe Commutation Commissioners, 135, n.
Deed of, recitals of objections in 254.

not liable to ad valorem duty, 330.

Voluntary, of sale by reversioner, when invalid 355.

Advised, of purchaser at undervalue, bars relief, 359.

Of Master's report on sale by court, purchaser's rights, &c., before, 554,

To sale, by party thereby benefited valid, 30, 35.

General, to sale, whether sufficient, 34.

Of parties agreeing to join in sale, should be in writing, 132.

When insufficient, 132.

To inclosure and exchange under inclosure Acts, as to proof of, 135, 136.

Of protector, to disentailing assurance, 321, 322.

deed of, vendor pays for, 334.

Of trustees, tenant for life contracting to sell without, 495.

CONSIDERATION.

Incapacitated vendors or purchasers impeaching sale, must restore, 3, 4,
6, 11, 12.

Fiduciary vendors may sell, for what, 35, 36,

On sale of reversion, condition on re-sale, against requiring evidence of

its sufficiency, 76.

Cannot be sued for as such, on parol contract, 93.

Transfer of parol contract, when a good, ib.

Statement of in conveyance, 254, et seq.

What duty payable on, and on what, 254, et seq. ; 326, et seq.
No part of to be retained by statutory vendor, 311.
What sufficient to support settlement, 420, et seq.
Purchaser for, how protected in equity. See Ch. XV.
Inadequacy of, when conveyance set aside for, 354, et seq.
Inadequacy or excess of, a defence in equity, 510, et seq.
a ground for refusing costs, 543.

CONSTRUCTION.

Of particulars and conditions of sale, 48 to 51.

Of doubtful instrument, purchaser whether bound to notice, 404.
Of agreement, case of plaintiff insisting on his own, 533.
CONTINGENT.

Interests in real estate, married woman can convey, 275.

Interests in copyholds, are now alienable, 324.

Event, as to vendor's lien for purchase-money payable on, 347, et seq.

Reversion, as to inadequacy of consideration paid for, 355.

Estates, owners of, when parties to suit, 469.

Amount of consideration, effect of, on question of inadequacy, 511.
Consideration, failure of, its effect, 117, 512.

CONTRACT.

As to restrictions on general power to enter into, 1 to 14.

Fiduciary vendors may not without special authority rescind, 37.

Conditions for rescinding, how far available, 71, 72.

By agent, 85.

As to contract in writing, see AGREEMENT.

Effect of, on relative rights of parties, 114 to 129.

Purchaser entitled to estate, and vendor to money, 114.

Purchaser's general rights under, against vendor, 115 to 118.

Vendor's general rights under, against purchaser, 118 to 120.

Rights of parties, under inter se, not affected by death, bankruptcy, &c.
120.

Relative rights under, of vendor's real and personal representatives, if he
die before completion, 121 to 124.

And of purchaser's, if he die, &c., 125 to 128.

Effect of contract in various special cases, 128, 129.

Purchaser's right to rescind on notice, for delay, 212, et seq.

By tenant in tail, cannot be enforced against issue or remaindermen, 394,
463.

CONTRACT-continued.

For purchase or sale, remedies at law for breach of, Ch. XVII.

remedy in Equity, &c., Ch. XVIII.

Plaintiff rescinding after bill filed, no costs given, 542.
CONTRIBUTION.

To paramount charges, 428.

Suit for by joint purchaser, 434.
CONVERSION. See CONTRACT.
CONVEYANCE.

Common condition respecting, whether necessary, 60.
Requisition that stranger shall join in, an objection to title within com-
mon condition for rescinding contract, 72.

Rights of parties, before, see CONTRACT.

Approval of draft of, whether an agreement, 107,

Memorandum of transfer of chattels, when subject to duty as, 111.
Of legal estate, under statute, 121, 277, et seq., 537, et seq. and 569.
To purchaser, when it revokes prior devise, 127.

Incumbrances, considered matters of, in Equity, 133.
Preparation of, whether waiver of title, 218.

As to the preparation of generally, Ch. XII.
As to its execution, &c., 269, et seq.

As to its registration, enrolment, &c., 317, et seq.
As to stamps, 325, et seq.

As to the costs of, 334, et seq.

Its effect on relative rights of vendor and purchaser, Ch. XIV.
On adverse rights of third parties, Ch. XV.

Rights under, of joint purchasers, &c., Ch. XVI.

Costs of, whether recoverable at Law, 446.

Plaintiff at Law, whether bound to tender or execute, 449, 450.

Refusal to execute, no defence to action on security for purchase-money,
451.

Giving instructions for, not a part performance, 478.

Execution of, by vendor, not a part performance, 482.

Of property by vendor, pendente lite, when restrained, 518.

Preparation and execution of, in suit for specific performance, 535, et seq.
And in sales by the Court, 567, et seq.

CONVEYANCER.

Certificated, whether he may prove notice to client, 414.
COPARCENER,

Possession of one, does not save other's right of action, 192.
Estate of, how affected by judgment 231.

COPPICE.

Vendor in possession may cut, for benefit of purchaser, 116, 515.
Improper cutting of, by purchaser restrained, semble, 119.
COPIES.

Conditions that purchaser shall pay for, mortgagee may use, 77,
Of deeds, or enrolments of deeds when evidence, 152, 153.

COPIES-continued.

Of recoveries, Crown grants, legal proceedings, &c., 151 to 156.

Office, usually received in evidence, 156.

Certified, of records under 1 & 2 Vict. c. 94, ib.

Of will when are received, 157.

Of records, under 3 & 4 Will. IV. c. 74; and 1 & 2 Vict. c. 94, 155, 155.

Of instruments on record, vendor must verify abstract by, 202.

Covenant for right to take, of documents not delivered, 263.
Purchaser's right to, on completion, 314, et seq. 570.

Copy of agreement, production of, when ordered at Law, 453.
And see ATTESTED COPIES.

COPIES OF COURT ROLL.

Evidence, although not the original copies, 150.

Examined copies evidence, ib.

Steward to deliver out, stamped, 330.

And see COPIES.

COPYHOLD.

Customary restriction on alienation of, in parcels removed, 7, n.
Quit rents, &c., need not be noticed on sale of, 53.
Vague description of, on Court rolls, sufficient, 69.
Enfranchised, conditions proper on sale of, 74.

Formerly waste, conditions, &c., 75.

Subsequently surrendered to use of, would pass by prior will, 127.

Sixty years' title to be abstracted on sale of, 138.

Assurances of, how proved, 150, 151.

Surrender of presumed, 159.

Not extendable on a judgment under old law, 231.

Aliter under 1 & 2 Vict. c. 110, 233, et seq.

Not extendible by Crown process, 241 (sed aliter as respects a term for

years in copyholds; see Prid. on Judg. 3rd. edit. 155.)

Court rolls should be searched on purchase of, 242.

Not within the merger of Satisfied Terms Act, 248.

Consideration to be apportioned, on purchase of, with other property, 255.
Vendor must surrender, in person, 269.

Assurance of by married women, 272.

under the Trustee Act, 1850, 279.
by tenant in tail, 321.

Entry of assurances on Court Rolls, 323.

on sale to Railway Companies, &c., 324.

Contingent interests in, are now alienable, ib.

Expenses how borne, on sale of, 335.

Covenants will run with, 365.

Conveyance of, under private Act, effect of, 429, n.
Purchaser need not take, instead of freehold, 504.

CORNWALL.

Duchy of,-evidence of deeds relating to, 153, n.

CORPORATION.

Cannot hold lands without a licence, &c., 8.

Municipal, can sell under Lands C. C. Act, 1845, with consent of Trea-
sury, 37.

On sale of lease granted by, freehold title, must be shown, 137.

Modus, on exemption from tithe, how proved against, 182.

How affected by 3 & 4 Will. IV. c. 27, 188, 197.

CORRESPONDENCE.

May constitute agreement for sale, &c., 97, 98.

Test of its sufficiency as an agreement, 104.

COSTS.

Fiduciary vendor, obtaining leave to purchase trust estate must pay,
semble, 22.

Of application that mortgagee may bid in bankruptcy, 18, n.

Fiduciary vendor purchasing, pays, if sale set aside, 24.
Fiduciary vendors liable to, as against purchaser, 38.

Of auctioneer, when allowed out of deposit, 81.

Of Abstract, 130, 131.

Of production of deeds, 201.

Incurred by vendor before fatal objection by purchaser 216, 542.
Landowner has no lien for, on sum deposited by Railway Company, 225,

Of unnecessary searches, disallowed, 244.

Vendor's solicitor has no lien for, on conveyance, 267.

Of the purchase, generally, 334, et seq.

Of Statutory vendors, 336.

Of re-investment, &c., what payable by Railway Companies, 337, sq.
Taxation of, under 6 & 7 Vict. c. 73, 310, et seq.

Whether purchaser allowed, if conveyance set aside for inadequacy of
consideration, 358.

Paid by purchaser to adverse claimant, when recoverable under cove-
nants for title, 375.

Of ejected purchaser, recoverable under covenants for title, 377.
Purchaser allowed, if sale set aside for fraud in vendor, 380.

What not recoverable in action at Law, 446.

General rules respecting, in suits for specific performance, 539, et seq.
On sales by the Court, 558, 559, 560, 563, 565, 567, 572.

COUNSEL.

May not buy up charges on client's estate, 17.

Opinion of on abstract, purchaser's right to, if contract go off, 130.

As to consulting, on abstract, for vendor, 145.

Or on behalf of purchaser, 147.

Acceptance of defective title by, does not bind client, 149, 217.
Confidental communications to, as to non-disclosure of, 165, 414, et seç.
Usually directs what searches, 230.

Notice to, is notice to client, 412, et esq.

But his evidence is inadmissible in proof of notice, 414.

Opinion of, is taken by Master, on title, and conveyance, 523, 536.
Opinion of, does not save costs, 540.