CHAPTER III.

AS TO THE RELATIVE DUTIES OF VENDORS AND PURCHASERS PRIOR TO THE SALE.

1. As to the disclosure or concealment of defects, incumbrances, &c., by vendor, p. 39. Vendor need not point out patent defect, 39-but must not conceal it, 40-sale by agent, ib.-must in equity disclose latent defect, ib.-must fully disclose title, 41 -but need not point out defects or matters of which purchaser has notice, ib.lease is notice, ib.-what facts to be disclosed as material, ib.-inquiry of incumbrancers and trustees, &c., 42.

2. As to commendatory statements, &c., by vendor, p. 43.

Puffing statements, 43-what mis-statement fatal at law and in equity, 44, 45stranger, when liable for, ib.-guarantee of solvency, 46.

3. As to concealment, &c., of advantages by purchaser, p. 46.

He need not disclose concealed advantage, 46-but must not mislead vendor, ib.must disclose fact increasing vendor's interest, ib.

4. As to depreciatory remarks, &c., by purchaser, p. 46.

Purchaser depreciating property cannot sue in equity, 46-whether liable to action, ib.-agreement with, not to bid against, legal, 47..

CHAPTER IV.

AS TO THE PARTICULARS AND CONDITIONS OF SALE.

1. General matters relating thereto and their construction, p. 48.

Construed strictly against vendor, but not so as to contravene law or custom, 48— purchaser when bound by catching conditions, 49-particulars, &c., cannot be contradicted, &c., by parol, except on behalf of defendant in equity, 50—alteration of printed particulars, ib.-sale without reserve, 51.

2. As to the preparation and contents of particulars, p. 51. Description of property, 51-what estate and advantages implied, ib.-minerals, when not included, 52-permanent charges, &c., to be stated, ib.—unless purchaser has notice, 53-but there must be no misrepresentation, &c., ib., 54—removal of buildings when to be stated, ib.-reference to plan, 55—showing intended improvements, ib.-adjoining land described as building land, ib.—meaning of particular descriptive expressions, 56.

3. As to the conditions, p. 57.

Against retracting biddings, 57—for reserved biddings, ib.—as to the deposit, ib.— abstract, 57, 58-time for completion, and interest, 58 to 60-conveyance, 60— apportionment of rent, ib.—crops, fixtures, and timber, 61—mis-descriptions and compensation, 62 to 65-deeds, attested copies, &c., 65, 66—title, &c., 66 to 68— identity, 69-expenses, 70-indemnity, ib.-time for objections, 70 to 72-resale and forfeiture of deposit, 73-facts stated in, must be proved, ib.

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.-copy holds late waste, 75-leaseholds, ib.-renewable leaseholds, 76—-reversions, ib.

5. General remarks on special conditions, p. 76.

Use 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 authority, 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 undisclosed 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 agreement 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, arbitration bond, notice by or to company, 97 to 99-rent rolls, abstract, insufficient, 99 -letters, when insufficient, ib.-recital, sufficient, 100-document must consist

with alleged parol agreement, ib.-names of parties, ib.-offer by letter, 101– description of property, ib.-terms must be fixed, ib.—either by signed document or documents there referred to, 102-what reference sufficient, 102, 103-correspondence, when an agreement, 104-conditional acceptance, ib.-withdrawal and acceptance of offer, 104, 105-agreement sent as instructions, 105.

4. The signature, p. 105.

Of party charged sufficient, 105-other party must elect, ib.—what sufficient, 106— by agent, ib.-place for, ib.-signature as witness, 107—approval of draft agreement, &c., ib.-signature by public companies, 108-unauthorized alteration of agreement after signature, ib.

5. The stamps, p. 109.

What necessary on agreement, 109-several, when requisite, 110-loss of unstamped agreement, ib.—document purporting to be, when chargeable as conveyance, 111-agreement in evasion of stamp laws, ib.

6. Illegal agreements, p. 111.

Agreement for illegal purpose, void, 111-champerty and maintenance, 111, 112– splitting votes for elections, 113.

CHAPTER VII.

EFFECT OF THE CONTRACT ON RIGHTS OF THE PARTIES.

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, timber, &c., 115, 116-contract voidable, if property altered, ib.-he takes accidental 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.-judgment 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, &c., of either party, p. 120.

5. Death of vendor before completion, its effect on relative rights of his real and personal representatives, under old and under new Law, p. 121.

Purchase-moneys go to personal, and interim rents and legal estate to real representatives, 121-conveyance of, how obtainable, ib.-contract under old law revoked prior devise in Equity, ib. 122-notice by company, whether a contract, ib.-relative rights of representatives depended on his liability to perform 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 devisee 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 purchaser 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 exchange, 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. Its 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 ot, ib.

5. Its 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 communicated, 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 Insolvency, 156-under 1 & 2 Vict. c. 94, ib.-proof of will, 156 to 158-negative

evidence, 158-deficiencies in proof of documents, supplied by presumption, 159-presumption of grant from Crown, ib.-reconveyance, ib.-copyhold surrender, ib.-payment of mortgage, 160-surrender to will, ib.-enfranchisement, ib.-mesne assignments, ib.-grant of easement, ib.-formalities of deeds, 161-livery of seisin, ib.-appointment of Inclosure Commissioners, ib-stamps, ib.—not of certain forms required by Law, 161-general rule of presumption, 162-evidence of matters of fact, ib.-purchaser can require what facts to be proved, ib.—as to negative evidence, &c., 163-vendor must answer, what inquiries, 163, 164-need not explain adverse notice, not acted on, ib.—when required to prove will in equity, ib.-need not disclose confidential communications, 165-whether bound to produce will as negative evidence, ib.—or to prove intestacy, 165-purchaser cannot require copies of negative evidences, 166— want of proof of material facts, supplied by presumption, ib.-presumption of identity of parcels, ib.—or individuals, 167—of seisin, ib -continuance of seisin, 168-of intestacy, ib.-official appointments, ib.-stock of descent, ib.-legitimacy, 169, 170-marriage, 171—death, 172–time of death, 173—survivorship, ib., 174-failure of issue, ib.-against aged female having issue, 175-births marriages, and deaths proved from registers, 176-or by declarations, &c., 177-entries in books, &c., ib.-old pedigrees, 178-inscriptions, &c., ib.—collateral matters, whether so proveable, 179—declarations must be “ante litem motam,” ib.—by party, in like interest, admissible, 180—recitals, when evidence, ib.-land-tax, redemption of, how proved, ib.―tithes, 181-commutation of, ib. -proof of composition, modus, or exemption, 182-facilitated by 2 & 3 Will. IV. c. 100, ib.-tithes, how affected by 3 & 4 Will. IV. c. 27. 183-defects in title, when supplied by 2 & 3 Will. IV. c. 71, and 3 & 4 Will. IV. c. 27, ib.— title under 2 & 3 Will. IV. c. 71, to light, 184-rights of way and other easements except light, ib.-rights of common, &c., 185-period for which possession must be proved, ib.—enjoyment must have been uninterrupted, as of right, 186-except as respects lights, 187-interruption, what is, ib.-3 & 4 Will. IV. c. 27, 188,-actions, &c., must be commenced within what period from accrual of right, ib.-time of accrual in certain cases, 189-general rule, ib.-administrator claims as from death, ib.-express trust, 190-charities, ib.—fraud, ib— tenancy at will, ib.—mortgagor and cestui que trust, 191-tenancy from year to year, 192-right saved by acknowledgment of title, ib.—or receipt of rent or services, ib. not saved by possession of joint owner, ib.-estates in remainder, &c., when barred, 193-married woman, 194-remainders expectant on estate tail, 194, 195-base fee, when to become fee simple, ib.-equity of redemption, 196-time for action, &c., by spiritual or eleemosynary corporation sole, 197— for recovery of advowson, &c., ib.-of money charged on land, 197, 198—of periodical payments, 198-purchaser must accept title depending on Statute, 199-possession under Act bars the right, 200-adverse possession as against the Crown, ib.

CHAPTER IX.

AS TO THE PRODUCTION AND EXAMINATION OF THE DEEDS. 1. As to the time, place for, and expenses of production, p. 201.

Deeds, where to be produced, 201-expenses, ib.-notice of place, 202-deeds producible only under covenant, ib.-grants from Crown, ib.-instruments on record, ib.-examination of deeds before perusal of title, ib.