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CONTENTS,

4. What special conditions are generally requisite in various specified cases, p. 74.

On sale of inclosed lands, 74—lands formerly waste, ib.--enfranchised copyholds,

ib.--copyholds late waste, 75-leaseholds, ib.-renewable leaseholds, 76--rever-

sions, ib.

5. General remarks on special conditions, p. 76.
se of, by fiduciary vendors, 76, 77–expenses on sale in lots, 77-power to sell
under, 78—misdescriptions, ib.-covenants, ib.

CHAPTER V.

THE SALE AND MATTERS CONNECTED THEREWITH.

1. Auction, what it is, p. 80.
Defined, 80-express direction to sell by, ib.

2. The auctioneer, his liabilities, power, and remuneration, p. 80.
When liable as principal, 80-cannot vary terms after sale, ib.--his power, rights,

and liabilities as respects deposit, 81-commission, 82-insolvent, vendor bears
loss, ib. -agent for parties within statute of frauds, ib.-revocation of his autho-
rity, 83—whether signing as agent he can sue principal, ib.

3. Agents, p. 83.
How appointed, 83—private instructions to, 84-apparent agent, ib.--purchaser,

how bound by acts of, ib.-agency denied, ib.-contract by agent, nominally as
principal, or by nominal agent, 85—contract by, how to be signed, ib.--of un-
disclosed principal, 86—has no implied power to receive purchase-money,

ib.-
order to, to pay it over, ib.--commission, ib._authority of, may be revoked, ib.
-or unauthorized acts adopted, when, ib.

4. The deposit, p. 87.
Its nature, 87-how to be paid, ib.--cheque for, 88–investment, ib.—forfeiture, ib.
-retainer by vendor, ib.-loss, 89.

5. Puffers and reserved biddings, p. 89.
One bidder allowed in equity, when, 89—not at law, semble, ib.-purchasing by

mistake, 90.

CHAPTER VI.

AS TO THE AGREEMENT.

1. General necessity for a writton agreement, p. 91.
Statute of Frauds, 91—what sales not within, ib.-parol agreement for lease, &c.,

void, ib.-parol license, 92-agreement substantially for sale, ib.-void agree-
ment may excuse trespass, 93—written transfer of parol agreement, ib.—what
shares within 4th section, ib.-growing crops, 93 to 95—tenants' agreements, 95
-agreements as to rent, ib.-agreement partially void, when void in toto, 96.

2. Preparation of formal agreements, p. 96.
Representatives, whether to be named in, 96—agreement on sale by auction refers

to particulars, &c., ib.--on private sale, comprises what, ib.- :-on sale to railway
companies, &c., 97.

3. What informal documents may constitute an agreement, p. 97.
What a sufficient agreement, 97—letters, receipt for money, entry of sale, arbitra-
tion bond, notice by or to company, 97 to 99-rent rolls, abstract, insufficient, 99
— letters, when insufficient, ib.-recital, sufficient, 100-document must consist

1. Purchaser entitled to estate and vendor to purchase-money, p. 114.

Estate bound though vendor a trustee, &c., 114.

2. Purchaser's general rights under contract as against vendor, p. 115.

General nature of his interest, 115—it may be aliened, ib.-crops, windfalls, tim-

ber, &c., 115, 116–contract voidable, if property altered, ib.--he takes accident-

al benefits, and bears losses, ib.-in what cases, 116, 117–compulsory power of

purchase not exhausted by contract, 118.

3. Vendor's general rights under contract against purchaser, p. 118.

Vendor has a lien on estate, 118—may restrain fall of timber, when, ib.-judg-

ment against, charges purchase-money, 119-he may keep estate and deposit,

when, ib.-rights of, as landlord, how affected, ib.-cannot sue purchaser for

use and occupation, when, ib.

4. Rights of vendor and purchaser, inter se, not affected by death, bankruptcy, foc.,

of either party, p. 120.

5. Death of vendor before completion, its effect on relative rights of his real and per-

sonal representatives, under old and under new Law, p. 121.

Purchase-moneys go to personal, and interim rents and legal estate to real repre-

sentatives, 121-conveyance of, how obtainable, ib.--contract under old law

revoked prior devise in Equity, ib. 122-notice by company, whether a con-

tract, ib.-relative rights of representatives depended on his liability to per-

form contract, 122, 123-subsequent events immaterial, if contract binding, ib.

rescinding of, or abandonment of contract, its effect, ib.—estate contracted for,

how affected by devise, 124-effect of 1 Vict. c. 26, ib.

6. Death of purchaser before completion : its effect on relative rights of his real and

personal representatives under old and under new Law, p. 125.

Such rights depended on his liability to perform contract, 125—if not so liable,
heir had no claim on personal estate, ib.--relative rights of heir and devisee,
126-election, ib.-devisee's right to purchase-money, ib.--conveyance revoked
will, when, 127_devise of land contracted for, &c., ib.-rights of heir and de-
visee since 1 Vict. c. 26, ib.-purchase of fee by termor, 128.

7. Effect of contract in various special cases, p. 128.
Mortgagee selling, may sue for mortgage debt, 128—liability of equitable pur-

chaser of lease, 129—of lessor agreeing to buy underlease, ib.—of assignees,
selling lease, ib.-agreement, excluded dower of after-taken wife, ib.

CHAPTER VIII.

AS TO THE ABSTRACT.

1. General matters relating to the abstract, p. 130.
Purchaser's right to, and to retain, 130—-must be given up, if contract abandoned,
ib.-vendor pays for, ib.except on sales to railway companies, &c. ib.

2. When it is perfect ;-what it must contain and show, p. 131.
When perfect, 131-should state written consent of consenting parties, 132~-

must show where legal estate is vested, ib.-showing future title, insufficient
at Law, ib.-incumbrances, whether a defect in Equity, 133—title good,
though conveyance delayed, ib.-showing tenancy in tail, whether sufficient,
ib.

3. What should be furnished in various cases, p. 134.
On purchase by tenant in common, &c., 134–of allotment, ib.-land taken in ex-

change, 135—from the Church, or under Inclosure Acts, ib.-or from a charity,
136—estate, with attendant terms, ib.—enfranchised copyholds, 137—leaseholds
ib.-renewable, or for lives, 138-shares in mines, ib.-or pews, ib.-must go
back 60 years, ib.-or 100 years on sale of advowson, 139—must show creation
of reversionary interest, ib.—except on sale of old term, ib.-rule the same,
though estate be equitable, 140.

4. Ils preparation, contents, and delivery, p. 140.
It should commence with a document, 140—of what kind, 140 to 142–exception,

142—should be continued regularly from commencement, ib.—all documents
affecting legal estate should be abstracted, 143—in chief, ib.-statements of
pedigree, ib.--documents evidencing immaterial or satisfied equities, 143 to
145—loss of deeds, 145—should notice judgments, &c., ib.—and be accompanied
by what documents, &c., ib.-should be copied legibly, &c., 146-non-delivery

of, ib.

Ils examination and perusal, p. 147.
When to be compared with deeds, 147-consulting counsel, ib.—its perusal, 148

-acceptance of title shown by, 149—defects in title, when not to be communi-
cated, ib.

6. Verification of the abstract, p. 149.
What evidence requisite in proof of documents and facts, 149—of private Acts,

ib.—inclosure awards, ib.--copyhold assurances, ib.-deeds, 151—recitals of,
when evidence, 153, 154-proof of Fines and Recoveries, 154, 155—of grant
from Crown, ib.—proceedings at Law and in Equity, ib. Bankruptcy and In-
solvency, 156—ander 1 & 2 Vict. c. 94, ib.-proof of will, 156 to 158—negative

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