(25) All deeds and documents must be properly stamped before

completion.

(26) Which of the abstracted deeds and documents will be

handed over to the purchaser on completion? Who will give or acknowledge the purchaser's right to production of the deeds retained, and who will undertake for the safe custody thereof?

(27) Until the lease of 1st January, 1840, has been abstracted a complete abstract will not have been delivered. The purchaser reserves the right to make further requisitions until 14 days after the delivery of a complete abstract.

From the fact that the amount of the stamps on the various deeds and documents is not noted, and that no memorandum of production appears on the abstract, I presume that it has not yet been examined with the originals. This must, of course, be done in order to ascertain that nothing of importance has been omitted from the abstract, and that all the deeds and documents are properly stamped.

As the property is not of a nature likely to be subject to statutory charges, the only searches that need be made are:—

(i) For Dealings with the Freeholds.

(1) At the Central Office of the Supreme Court for lis pendens, the search extending back for five years.

(2) In the county register at Northallerton, the search extending back to 4th September, 1881.

(ii) For Dealings with the Leaseholds.

(1) At the central office for lis pendens, the search extending back for five years, and for annuities the search extending back to the 21st July, 1880.

(2) At the Land Registry Office for writs and orders affecting land, the search extending back for five years.

(3) In the county register, the search extending back to the 21st July, 1880.

Unless something is known of the financial position of the vendor, a search extending back for 12 years should be made for bankruptcies at the Bankruptcy Court, and a search extending

back to the 1st January, 1889, for deeds of arrangement at the office of land registry.

Inquiry should be made of the various tenants as to the terms of their tenancies.

Subject to these observations and to the suggested requisitions being complied with, I am of opinion that a good title is disclosed by the abstract. A. B.,

Lincoln's Inn.

19th Sept., 1898.

ANSWERS TO REQUISITIONS.

(1) The testator paid land tax, tithe rentcharge, and poor rate in respect of all the properties for some years prior to his death. A statutory declaration to this effect can, if required, be supplied to the purchaser at his own expense.

(2) The testator's will was attested by George Jenkins and Annie Tomkins.

(3) The testators will was not registered under the Yorkshire Registry Acts. Charles Robinson was the eldest son of the testator's only sister Mary, and was his heir-at-law. The vendor is not prepared to give strict proof of this, but the certificates of the marriage of Mary Robinson and the birth of her son can, if required, be procured at the purchaser's expense.

(4) The testator died without ever having married.

(5) As the land is charged with the payment of debts as well as legacies, it is conceived that the purchaser is not bound or entitled to make this inquiry. Jane Smith died in the early part of 1866, before the testator, but we have no particulars.

(6) Charles Robinson was the only nephew of the testator named Charles. See answer to requisition 3.

(7) Certainly; 5007. is to be paid direct to the first mortgagee. (8) The words in question refer to a rentcharge to which other property in the schedule was subject. They have no reference to the property sold.

(9) The plan, a tracing of which we are furnishing, will enable the purchaser to satisfy himself on this point.

(10) and (11) John Nokes is sole executor of the will of William Nokes. The probate is in the possession of John Nokes, and will be produced if required.

(12) After so long a time this can hardly be necessary; the vendor is, however, willing to make a statutory declaration at the expense of the purchaser, that the money was actually paid.

(13) The vendor has been in possession for four years. He is unwilling to produce the evidence asked for. In our opinion the power of sale is sufficient to protect a purchaser. See Dicker v. Angerstein (a).

(14) No such notice has been given or received. No. 9 is at present unlet.

(15) This shall be done.

(16) As the testator died so long ago, and as the present tenant has been in possession since 1st January, 1884, under an assignment from the specific legatee, this cannot reasonably be required.

(17) The present tenant of No. 10 holds under a 21 years' lease, but as this lease will expire before the date fixed for completion, it is considered unnecessary to abstract it.

(18) The avenue is, we believe, repairable by the local authority.

(19) The land tax payable last year in respect of No. 8 was 17. 3s. 4d.; in respect of No. 9, 17. 5s.; and in respect of No. 10, 17. The tithe rentcharge payable in respect of all these properties was last year 19s. 9d.

(20) The vendor is not bound, and declines to answer this requisition (b).

(21) Not that we are aware of.

(22) This will be done.

(23) The ground rent is now payable to Mrs. Howard James (widow), of Inverness Terrace, Bayswater Road, London.

(24) The policy on Nos. 8 and 9 has expired, and these houses are now uninsured. No. 10 is insured in the X. Fire Office for 5007. The vendor is willing to hold this in trust for the purchaser on his agreeing to pay a proportional part of the current premium. (25) All the deeds and documents abstracted are believed to be sufficiently stamped.

(26) The original lease of No. 10, and the abstracted assignment thereof, will be handed over to the purchaser. The vendor

(a) 3 Ch. D. 600; 45 L. J. Ch.. 754; 24 W. R. 844.

(b) Re Ford and Hill, 10 Ch. D. 365; 48 L. J. Ch. 327; 40 L. T. 41; 27 W. R. 371.

will give the usual acknowledgment of the purchaser's right to production of the second mortgage, and Mr. Isaacs will give the acknowledgment of the purchaser's right to production of the first mortgage. No undertaking will be given.

(27) Any further requisition must be strictly confined to the points arising on the abstracted lease and to these replies.

FURTHER OPINION AND REQUISITIONS.

I have perused the supplemental abstract and the replies to -requisitions, and subject to the following further requisitions being satisfactorily answered, I am of opinion that the vendor has made a title to the property which may safely be accepted. (1) Evidence of the seisin and possession free from incumbrances of the testator should be furnished. Who would make the statutory declaration suggested?

(2)—(16) The answers to these requisitions may be accepted. (17) The counterpart of the lease of No. 10 will, it is presumed, be handed over to the purchaser on completion. (18)-(27) Answers may be accepted.

(28) Has any notice to repair the leasehold house in accordance with the covenant been served upon the vendor ?

Evidence of the death of Jane Smith may, under the circumstances, be dispensed with, and as the plan appears to sufficiently identify the property, no further evidence of identity need be required.

It would be prudent to have the statutory declaration required by requisition (12) with a view to precluding possible objections by future purchasers.

A. B.,

Lincoln's Inn.

24th Oct., 1898.

acquainted with the freehold house, garden, land, and premises House, lately contracted to

at

aforesaid, known as

be sold to A. B., and which is more particularly delineated in the plan hereto annexed.

2. I have read the description of a house, land, and premises contained in an indenture, dated [&c.], and made between [&c.], of the one part, and [John James, of, &c.], of the other part.

3. I verily believe that the piece of land coloured [green] on the said plan and the house thereon are part of the land and premises which were comprised in and conveyed to the said [John James] by the said indenture.

years, the said house and

4. During the said period of premises coloured [green] in the said plan (being the premises so contracted to be sold as aforesaid) were the property of the said [John James] up to the time of his death on the 1st of August last, and he was then seised of the same, and the said premises have since the said date been the property of the trustees of the will of the said [John James, deceased], and the said [John James, deceased] was, during the whole of the said period until his death, and his said trustees have since his death, been in full, free, and undisturbed possession and enjoyment of the said