PREFACE.

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IN issuing this Second Edition, a few words by of preface may be useful, as in works of this description the purpose of the writer, and the plan pursued for its accomplishment, cannot be immaterial to the reader.

My desire, then, has been to condense into one volume as much of the law and practice of conveyancing as possible; and with this view I have added to the Precedents several short dissertations, which may enable the reader to satisfy himself at a glance on many points, without further research.

The Precedents, however, form the chief feature of the work, and in their preparation care has been taken to render each as simple, and, at the same time, as complete as practicable. A Precedent is often rendered almost useless, either by being so meagre as to oblige the draftsman to refer perpetually to other forms in order to produce any complete instrument, or else by embracing so much that is contingent and particular, as to make it a difficult task to separate what may be actually

required, from matter irrelevant to the case in hand. It is hoped that both these opposite imperfections have been in some degree avoided in the present Volume.

Another object kept in view has been to connect the usual common forms with the entire instruments, in such a manner as to allow of their being used separately, and the Index has been prepared accordingly.

It has been wisely said, that " accuracy is the prose of truth." Applying this general axiom to the technical and arbitrary subject of law, I may add that no pains have been spared to insure the greater excellence, by attention to the less throughout the details of this work,-which must now stand on its own merits.

44, LINCOLN'S INN FIELDS, January, 1856.

F. P.

TABLE OF CONTENTS OF DISSERTATIONS.

1.-ON CONDITIONS OF

SALE, p. 1.

Preparation of conditions of sale, 1; written or printed conditions

cannot be verbally varied, 1; effect of condition for making

objections within a given time, 1; as to timber, 2; what is timber,

2; provision for payment of interest on purchase money if the

completion of the purchase be delayed, 2; operation of provision

as to the deed with which the title shall commence, 3; in the

absence of stipulation to the contrary lessor's title must be

produced, 3; as to renewable leaseholds, 4; as to property held

on lives, 4; an underlease should be sold as such, proper con-

ditions on the sale of such an interest, 4; purchaser of lease, 4;

effect of the condition enabling the vendor to rescind the contract,

5; as to apportionment of rent, 6; when vendor may take

advantage of condition that misdescription shall not annul the

sale, 6; what conditions should be introduced when the title

deeds are not handed over to the purchaser, 7; vendor must

supply copies of documents the originals of which he cannot

obtain, 7; as to expenses of journeys, 8; as to covenants for

production and expenses of preparation, 8; title to tithes, 8;

when the land is liable to charges which cannot be paid off, 9; as

to enfranchised copyholds, 9; allotments, 9; exchanges, 9; the

conditions subject to which trustees may sell, 10.

2.-ON AGREEMENTS, p. 33.

Leases of land for more than three years must be in writing, 33; agree-
ment as to land must be in writing and signed by the party to be

charged or his agent, 33; what property is within the fourth

section of the Statute of Frauds, 33, 34, 35; the whole agreement

must be in writing, 35; what is a sufficient signing, 35; sales by

auction within the statute, 36; when letters constitute agreement,

37; consequence of change of circumstances between contract and

conveyance, 38; contract not affected by the bankruptcy of the

vendor or purchaser, 39; nor by the death of either party, 39;

operation of contract for purchase or sale on general devises, 39;

stamps on agreements, 40; time within which agreement must be

stamped, 40; stamp on purchase of several lots at an auction, 40.

3.-ON PURCHASE DEEDS, p. 51.

A feoffment was the ancient mode of conveyance, 51; the feoffment

afterwards superseded by lease and release, 51; corporeal

hereditaments now lie in grant, 52; who are capable of and

incapacitated from selling and purchasing, 52; infants, 52;

lunatics, 53; trustees, &c., 53; solicitors, 54; aliens, 54; married

women, 54; corporations, 55; charity, 55; as to satisfied terms,

55; act for dispensing with their assignment, 56; where incum-

brances should be kept on foot, 56; preparation of deeds, 57;

proper recitals in a purchase deed, 57; dower of widow, how

defeated, 58; form of covenants for title, 58; covenants entered

into by trustees, 59; operation of covenants for title,
59;
covenant

for further assurance, 59; conveyance to joint tenants, 59; effect

where purchasers advance the purchase money in different

proportions, 60; proper form of conveyance to partners, 60;

purchase by partners, 60; purchase in the name of a nominal

purchaser, 61; as to attested copies of deeds not delivered up,

61; costs of conveyance, 62; costs of surrender of and admission

to copyholds, 62; how incumbrances should be got in, 62; stamps

on purchase deeds, 62, et seq.; statement of consideration, 63;

where the consideration is stock, 64; deed must be stamped to be

offered in evidence, 64; rules for calculating the ad valorem duty

to be paid, 65; duty where the consideration is an annuity, 66;

where a deed stamp is payable no ad valorem is chargeable, 67;

stamp on duplicates, 67; duty on separate deed of covenant, 67;

what is property within the meaning of the Stamp Act, 68;

progressive duty, 70; power of commissioners to determine duty,

70; commencement of title, 70; inquiry as to existing leases, 71;

search for incumbrances, 71.