174. On receipt of the requisitions, the vendor's solicitor will peruse them, and if he feels difficulty as to the compliance or refusal to comply with them, he will lay them with the abstract before counsel for his advice.

175. On doing so, he will send a copy of the purchase agreement with the abstract and requisitions ; and in all cases where he peruses an abstract, he will not fail to give the most careful attention to the agreement.

176. Attention to the previous suggestions with regard to contracts and conditions of sale, will prevent much difficulty from arising as to the examination of the abstract, and the delivery of copies, which too frequently occasion difficulty in copyhold sales. Should the suggestions have been neglected, the observations on the duty of purchaser's solicitor will be a guide as to the points likely to arise. See s. 77, &c.

177. It may happen that the property to which title is shewn differs from that sold, either in quantity or in some quality, or that there exists a charge on the property not mentioned in the particulars or contract; and when any such case arises, either the purchaser objects to complete, or requires a compensation.

178. The question as to quantity generally arises on sale of an estate, when the property sold is stated to contain the quantity at which it is generally estimated, but on survey appears not to contain that quantity. In such case a purchaser would be bound to complete, receiving a compensation. See Sir C. Shovel v. Bogan, 2 Eq. Ca. Abr. 688, pl. 1; Hill v. Buckley, 17 Ves 394; and even if the contract contained the words " more or less," it would seem from the latter case that the purchaser would be entitled to compensation, unless the difference were very trifling.

179. If differing in tenure, as if property sold as freehold, and appearing to be copyhold, the purchaser cannot be compelled to complete, unless the vendor obtains enfranchisement; Twining v. Morrice, 2 Bro.

C. C. 326, and Sir Harry Hicks v. Phillips, Prec. Cha. 575; and see 10 Mod. 504; and then of course he would have to go into the lord's title. See Enfranchisement, 259, &c.

180. The same principle would, it should seem, prevent a purchaser of copyhold at fines certain from being compelled to take copyhold subject to fines arbitrary, as the charge is uncertain, and not like a quit rent, of a fixed annual amount; for if the rule depended on the mere possibility of fixing a value, it could be done as easily between freehold and copyhold as between copyhold on fines certain and fines arbitrary.

181. If the interest be different, as if entirety sold, and title only shewn to undivided part, the purchaser cannot be compelled to complete. See Roffry v. Shallcross, 4 Madd. 227; Dalby v. Pullen, 3 Simon 29; and Wheatly v. Slade, 4 Sim. 126.

182. Should the estate appear charged with a fixed annual amount, as a quit rent, the purchaser would be compelled to complete the purchase on a compensation. See Esdaile v. Stevenson, 1 Sim. & Stu. 122.

Compelling Purchaser to proceed.

183. It may happen that the purchaser refuses to either accept title which vendor can make, or relinquish the purchase: in which case the vendor's solicitor will, if he conceives he can make a good title, proceed to enforce specific performance, or proceed on agreement at law; but if he feels doubtful as to the title, he should give notice to the purchaser's solicitor, or perhaps it might be better to serve the notice on the purchaser, requiring him to elect whether to take such title as the vendor can give, or to relinquish the purchase within a limited time, and apprizing him that a bill will be filed to compel such election at the expiration of that time.

184. Should the purchaser be in possession, and refuse to complete or give up possession, a bill should be filed to compel him to complete or deliver up agree

ment and possession of premises and account for rent. See King v. King, 1 Mylne & Keene, 442; and see Tindal v. Colham, 2 M. & K. 385.

185. Should the purchaser's solicitor neglect to send requisitions, or to proceed in the purchase on compliance with such requisitions as the vendor's solicitor thinks can be sustained, the vendor's solicitor must either proceed to enforce the contract by action, or which is better, by bill for specific performance. There is an important point too often omitted in copyhold sales, by which danger is very likely to arise, and which is the allowing the time appointed for completion to pass over without making the purchaser complete, by which delay the vendor may die before a surrender is passed, and the expence of an admission by his heir will have to be incurred; and it would be very desirable to be in such a position as to throw such expence on the purchaser. The best way to do this would be to serve him with a notice as in Appendix, No. 316, or a similar form, apprizing him of the vendor's readiness to complete, and that if he neglects completion, he will be held liable for all loss and expence in case of death. Should proceedings become requisite to enforce the contract, Sugden's Vendors & Purchasers will give the information requisite, and which could not, without too great an enlarge. ment of the contents, be here inserted.

Perusing Drafts, &c.

186. On receiving the draft conveyance from the purchaser's solicitor, the vendor's solicitor will make a copy to keep and peruse, and settle the drafts. The forms in the Appendix will be a guide as to the usual contents, and will draw the attention to any parts inserted out of the ordinary course.

187. The vendor's solicitor will then prepare such warrants to enter satisfaction, covenants for production, releases or bonds of indemnity, as his client is to pay for-copies of which he will send the purchaser's solicitor for perusal on returning his drafts. Forms will

be found in the Appendix. Some correspondence may take place on the drafts, but on their being finally settled, it will remain to arrange for completion.

Arrangements for Completion.

188. The vendor's solicitor will learn at what time the steward can take the surrender from the vendor; or should it be more convenient to the vendor's solicitor to take the surrender himself as deputy, or to have it taken by other persons residing near the parties, he will apply to the steward, and request that he or those persons may take such surrender, and which it is the general practice for stewards to agree to on payment of a fee of one guinea on each surrender, or for each deputy, where there is more than one.

189. Having made the arrangement for taking the surrender, and learning what time will suit the executing parties, the vendor's solicitor will make an appointment with the purchaser's solicitor for completion.

190. It will frequently save much trouble, and in some cases (as where the parties are at a distance) it will be necessary to get the execution of the documents and passing the surrender before the completion, as in the obtaining the execution of freehold deeds, holding them till completion.

191. Before the day fixed for completion, it will be desirable to arrange with the purchaser's solicitor as to the amount to be paid for interest, the apportionment for rent, the costs to be paid by either side under the conditions or agreement, valuation monies, and any other questions of amount; and in cases where some of the documents cannot be obtained by the day appointed for completion, but can be afterwards obtained, it will be of advantage, in order to prevent delaying the sale, to offer the purchaser's solicitor an undertaking to deliver such documents within a specified time.

192. Before or by the time fixed for completion, the vendor's solicitor will take care that all the docu

ments of conveyance are properly executed and completed, so as to give no ground to the purchaser's solicitor to delay the completion; and on the day of completion, the vendor's solicitor will have nothing further to do than to deliver up the papers and receive the purchase-money, less deposit; the interest, and any apportionment of rent, and to balance the costs either way.

193. On completion, the vendor's solicitor should point out to his client the consequences of the sale in the disposition of his property by will, by depriving the devisee of any benefit arising from the estate, and vesting the amount in his personal representatives with the remainder of his personal property.

PRACTICE ON MORTGAGES AND

ASSIGNMENTS OF MORTGAGES.

Common Mortgages.

194. On application for a loan on mortgage, the usual practice is, to first shew a sufficient value in the proposed security, and for the mortgagor on the agreement to advance the money, to deposit the writings with the mortgagor's solicitor, or to have his own solicitor prepare an abstract, in order that the title may be inspected; and on its being approved of, the mortgage is prepared by the mortgagee's solicitor, and of course if required by the mortgagor, perused by his solicitor; but from the comparative simplicity of copyhold titles and securities, the more general course is to allow the solicitor through whom the money is borrowed, to transact all the business.

195. It would be prudent on the application for a loan, to have a memorandum similar to that in the Appendix, No. 317, signed by both parties, in order