and sale, yet as it is essential to the validity of the deed, it would seem that it must be done in the lifetime of the parties. (a)

Contracts for Sale.-The contract for the sale or mortgage should either be fully abstracted, or, as is the more usual custom, a copy of it should accompany the abstract; and it will of course be the duty of the counsel before whom it is laid to see that the vendor shall make such a title to the lands as he has contracted to do.

II. ABSTRACTS OF TITLE OF PROPERTY NOT

FREEHOLD.

1. Copyholds.-The deduction of the title to copyholds generally depends on a customary mode of conveyance and of admittance by the lord. These customary conveyances are surrenders, and may be to the use of a purchaser, to the use of a will, &c., or to any other uses and admittances thereupon. The date of each surrender should be shown, and the date of the admittance thereupon, and by whom made, the person or persons by whom the surrender was made, and the lands which are surrendered, or to which admittance is granted. The abstract should also show the admittance of the heir as such, and the proceedings which are had under customary and common recoveries to bar legal or equitable entails; and also all deeds and agreements which may affect the equitable title. (b)

The abstract should also state the fines upon death or alienation, quit rents, &c., which appear on the face of the court rolls.

(a) See as to this, post Chapter II.

(b) 1 Prest. Abs. 204.

The court rolls often contain a recital of a letter or power of attorney, authorizing another person either to make the surrender or take the admission in the principal's name; a power of this nature need only be mentioned, and the person appointed to execute it named.

The abstract should also state the wills, if any, and whether they have been made in pursuance of a surrender.

So, also, inclosure acts, which substitute allotments of land in lieu of land formerly of copyhold tenure, are properly abstracted. (a)

Where there are particular customs affecting a manor, they should be mentioned in the abstract.

Where freehold and copyhold lands are intermixed, or constitute part of the same farm, or are sold together to the same person, the abstract generally shows, in the first place, the state of the title to the freehold lands, with the deeds, covenants, &c. which affect the equitable title to the copyhold lands; and the legal title to the copyhold lands is given in a distinct abstract, so as to disclose the transactions which have taken place in the copyhold court; but when the titles are distinct, entire separate abstracts are advisable.

When copyhold lands are enfranchised, and the copyhold tenure becomes extinct in the freehold tenure, the abstract should show the state of the title under the copyhold tenure, and also the state of the title under the freehold tenure; for the copyhold tenure exists in point of right for the benefit of all persons who can make title to the same, or show any incumbrance under this tenure. And as the copyhold

(a) 1 Prest. Abs. 205.

tenure is extinguished, the freehold tenure governs the right to the possession; and the judgments, &c. and other incumbrances of the owner of the freehold tenure may be considered as affecting the actual possession as far as it is discharged of the copyhold tenure. (a)

Where different parts of the copyhold lands are parcel of different manors, there should be a distinct abstract of the title to the copyhold lands held under each manor.

Where the abstract is of the title of the manor itself, it should contain the appointment of the steward, if the grant is for life, as the appointment will be binding on the purchaser. (b)

If the parties are not in possession of the admissions and surrenders, copies may be supplied by reference to the steward or solicitor of the manor.

2. Leaseholds.-The abstract should commence with the deed creating the term, and the mesne assignments should then be given, together with the wills and other documents connected with the title.

If the original lease is made by virtue of a power contained in a prior deed, will, or act of parliament, such deed, &c. should be abstracted, so far as to show that the power was well created and executed. (c)

If the lands are in a register county, the registration should be mentioned in the abstract.

3. Lands in Ancient Demesne.-Besides the documents, deeds, and facts usually abstracted, it will be proper to notice any acts which have been done by the tenant, with or without the consent of the lord, to ren

(a) 1 Prest. Abs. 205.

(b) Sug. V. & P. 238, 7th ed. See Co. Litt. 233 b.

(c) See Cooper v. Denne, 1 Ves. J. 565.

der the lands of common socage tenure; and also whether the acts so done remain in force, or have been avoided by the lord. (a)

4. Personalty. In abstracts of title to personalty, the deeds, wills, and other documents, should be abstracted according to the rules before laid down with respect to freeholds, so far as the different natures of the property will admit.

(a) 1 Prest. Abs. 206.

CHAPTER II.

OF THE PROFESSIONAL DUTIES CONNECTED WITH

ABSTRACTS OF TITLE.

HAVING Considered the form of the abstract and its usual contents, it will now be proper to mention the professional duties connected with it; and this chapter may be properly divided into-I. The duty of the vendor's solicitor. II. The duty of the purchaser's solicitor and III. The duty of counsel. And the rules which will be laid down will equally apply on a mortgage, or other charge of property, as on a sale.

I. THE DUTY OF THE VENDOR'S SOLICITOR.

The vendor's solicitor must, at the vendor's expense, prepare the abstract of the title of the premises to be sold or charged, and do all necessary acts for completing the title. (a)

He will often be able to produce a title much more remote than the requisite period of sixty years, but it

(a) Clowes v. Higginson, 1 V. & B. 529.

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