72. Supplemental Abstract.-This should comprise all the documents omitted in the abstract previously delivered, and extend the title so as to cover the required period, and embody all the documents and matters of title up to the purchase; and this abstract, it is presumed, the purchaser's solicitor will be entitled to examine, in the same manner as the original abstract.

73. Amended Abstract.-It may happen that the abstract, though mentioning all the documents of title, has not abstracted them with sufficient fulness, and that from their length, the purchaser's solicitor was unable at the time of examination to make the requisite additions; in which case the purchaser's solicitor will return the abstract to be amended by the requisite additions, shortly adverted to in the note made by the purchaser's solicitor on examining the abstract, and which, when completed, will be examined as the supplemental abstract.

74. Should the vendor's solicitor refuse to deliver a supplemental abstract, the purchaser's solicitor should submit the abstract to counsel, with his notes of the documents which he requires to have abstracted, and act on his advice as to the waiving the supplemental abstract, or taking proceedings to enforce its delivery; and at the same time he might instruct the counsel, in the event of his not deeming the supplemental abstract essential, to peruse and advise on the title. A similar practice should also be adopted with respect to abstracts deemed not sufficiently full. In small purchases, and where the vendor's solicitor is thought likely to interpose difficulties, it will be prudent for the purchaser's solicitor to take the best notes he can on the examination of theabstract, and rest satisfied with such notes instead of a full abstract.

75. Perusal of the Abstract and requisitions thereon. -The perusal and requisitions will next require attention on behalf of the purchaser. Except in purchases of small amount, the more usual practice is

to submit the abstract after its examination to counsel for perusal; but as it frequently happens that from a desire to avoid expence in small purchases, or where there are copyholds on several manors, the solicitor himself peruses the abstracts and prepares the requisitions on them, the following observations will facilitate such perusal and requisitions.

76. It should be remarked at the outset, that from the much greater simplicity in copyhold than in freehold titles, the difficulty on copyhold requisitions is much less than on freeholds, except where there exists a complicated equitable title, as in cases of property held by brewers and other partnerships.

77. On copyhold abstracts, difficulties, as often if not more frequently arise, on questions connected with the documents to the possession of which a purchaser is entitled, and the expence of copies, than as to the title; the questions likely to arise on the former heads will therefore be first considered.

78. With regard to the right of the purchaser to copies of the acts of court, in the simple case of an entire purchase, when the vendor holds the stamped copies delivered by the stewards, no doubt can exist that the purchaser is entitled to have them on completion of the purchase.

79. The other cases will be those when the copyholder only sells part of the estate, sells to different purchasers, or in which the vendor, though selling the whole of his copyhold, either never had the copies or has lost them.

80. When a copyholder sells part, the rule ap、 pears to be that in default of express stipulation, the purchaser will be entitled to the possession of the stamped copies, if his portion of the property is the greater in value; and if less, the vendor will be entitled to the possession, on delivering copies (of what kind will be afterwards considered) at his own expence, entering into a covenant to produce the documents of title; such production to be at the expence of the purchaser. Sug. V. & P.; Berry v. Young, 2

Esp. Ca. 640. The authority given relates more particularly to freehold deeds; but it will be borne in mind that the original copies are equally evidences of title, and that consequently the principle would apply in the present case.

81. When the vendor sells to several purchasers, the rule appears to be that the largest purchaser shall have the stamped copies, and that the other purchasers are entitled to other copies and covenants for production at the expence of the vendor; but generally in such cases the vendor has the prudence to guard by his conditions of sale against his being subjected to such an expence.

82. Considerable difference of opinion exists relative to the kind of copies to which purchasers are entitled where the original steward's copies cannot be delivered; and a case came within the writer's own knowledge, where the opinions of three different counsel were taken on the point in the same sale, and each of them expressed a different opinion as to the copies to be delivered, though all agreed that the purchaser was entitled to copies. The first thought that the purchaser was entitled to copies on the same stamps as those originally delivered; the second, that he was entitled to copies on attested copy stamps; and the third was of opinion, that by the delivery of the stamped copies the steward complied with the Stamp Act, and that any subsequent copies should be on plain paper; and when it is considered, that on any question requiring legal proof of the title, the steward could be subpoenaed, and thus the original rolls produced, it would seem that the latter opinion must be most consonant with reason.

83. With regard to the expence, no doubt seems to exist that the expence should be borne by the vendor in the absence of stipulation to the contrary.

84. The importance of accounting for, the possession of the original copies has been before alluded to, and it may be proper to again suggest that in all cases where the later copies, and particularly that of

the vendor's admission, are not forthcoming, the loss or destruction should be most satisfactorily proved; and it would be satisfactory, not only for immediate use, but as a protection on a future sale, to have an affidavit made, explaining the circumstances of the loss.

85. In framing requisitions on titles, proof of the identity of the present with the former description should be required, though, since the late case of Long v. Collier, 3 Russ. 267, less strictness on this head need be adopted than previously. Should, how

ever, the property be part freehold and part copyhold, the purchaser should, unless precluded by the conditions, require the vendor to set out in the best way he can the copyhold and the freehold parts; and in some cases it would be of advantage to prevail on the steward to present a map, shewing the copyhold, and have it entered on the Court rolls, even should the purchaser have to pay his fee for so doing.

86. The production of all the documents on the abstract and affidavits, or declarations under 5 & 6 W. 4, c. 62, verifying pedigrees. heirships, &c., with certificates of all the births, marriages, and deaths in the title, should be required; and where there appears any doubt as to the age of a party which might affect any act forming part of the title, an affidavit or declaration in proof of age should be given. Also affidavits of identity of persons where requisite; also that equitable interests should be discharged by release, or surrender and release, if from a married woman. On surrenders under a power of attorney, proof should be required that the party was living at the time of the surrender being passed. When a right arises under the will of a married woman, it should appear that subsequently to her marriage she, with her husband, surrendered to the use of her will; as a previous surrender would be inoperative, and the late statute of 55 G. 3, would not appear to operate so as to dispense with her separate examination. The points touched on in the

parts relative to the abstract generally, and its examination, will also suggest most of the other matters usually becoming the subject of requisitions.

87. The requisitions being drawn, are to be copied on foolscap or brief paper, according to the length, and sent to the vendor's solicitor for compliance.

88. On obtaining his replies they should be perused, and when not satisfactory, the purchaser's solicitor will of course again urge a full compliance with such requisitions as he does not feel it proper to dispense with. In some cases it may be prudent to lay the requisitions and replies before counsel to advise on the necessity for further compliance.

89. Hitherto it has not been necessary in copyhold purchases to search for judgments; but the abolition of arrest for debt bill making copyholds liable to judgments, the practice on searches under that bill, being passed, will be similar to that on freehold purchases. See Sugden's Vendors and Purchasers; and a reference to the act, from its special provisions, would also be advisable.

90. Should the vendor's solicitor refuse to comply with any requisitions which the purchaser's solicitor deems indispensable, it will be requisite for the latter to adopt means for enforcing compliance, either by an action on the contract, or which is better, by a bill for specific performance. See Sugden's Vendors and Purchasers, c. 4, s. 3. When the vendor's solicitor, either in the first answering the requisitions, or in the subsequent correspondence with regard to them, appears anxious for delay, it will be prudent for the purchaser's solicitor to have the purchasemoney, if lying idle, paid into a particular bank, appropriated to the purchase, and to give notice to the vendor, or his solicitor, of those circumstances, with a view to avoid the payment of subsequent interest (see form 275, 295); but where the contract provides that interest shall be paid on delay in completion, from whatever cause arising, the only course for the