to provide against the refusal by the intended mortgagee to complete the advance after a good title is shewn, and to provide for payment by the borrower of the expence of surveying the premises and investigating the title, in case there should appear an insufficient value, or the title prove defective.

196. The mortgagee's solicitor should carefully avoid taking upon himself any responsibility in advising on the sufficiency of the value, by requiring the survey and valuation to be made; or he should obtain from the mortgagee a memorandum that from his own knowledge he is satisfied with the value. This would be better obtained by a reply to a written communication on the subject, than by requesting a statement in writing from the client, who might be offended at the request of such a document.

197. On being satisfied as to the value, the mortgagee's solicitor will next, if the amount be small, inspect the writings and decide on the title, without putting the party to the expence of an abstract; but it would be advisable to write to the steward and obtain from him a certificate that there were no incumbrances affecting the property within such a period as would carry the title back to a clear state in the documents of title.

198. Differences sometimes arise as to this certificate, but in general if not extending over a very long space of time, the steward will furnish the certificate for 10s. or 13s. 4d.

199. Should the amount of the sum warrant the preparing an abstract, or should it appear requisite from the state of the title or want of documents, the mortgagee's solicitor will obtain the abstract from the steward; or when the documents are sufficient, prepare it himself and get it certified by the steward, or obtain a certificate of no incumbrances.

200. Should the abstract be furnished by another solicitor, the mortgagee's solicitor will compare it with the writings, and make requisitions as on a purchase. See section 45, &c.

201. On being satisfied as to the title, the mortgagee's solicitor will prepare the draft mortgage, (see forms, Appendix, Nos. 318, &c.); and when another solicitor acts for mortgagor, send the drafts for perusal. When the drafts are settled, the engrossments are to be made, the surrenders and bonds being usually on foolscap paper, bookways, and deeds of covenant on parchment. Duplicate copies of surrenders will be made as in purchases. The stamps will be found in the Appendix. On the engrossments being completed and examined, arrangements will be made for taking the surrender, &c. (See 138, &c. as to taking by deputation.) The bill for preparing the security will also in general be made out previously to completion, and is usually paid on completion of the security. The surrender will be handed to the steward as soon as possible after completion, if taken before deputy, and his receipt taken on the duplicate as on a purchase; but admission is not taken on a conditional surrender, except when the mortgagee enters into possession as owner; but as the mortgagee cannot enforce possession by any legal measures without admission, it will be in many cases prudent to take a warrant of attorney to confess judgment in ejectment; a form of which is given in the Appendix, 321.

202. A schedule of writings will be delivered to the mortgagor, as in freehold mortgages; and in some cases an appointment of receiver should be obtained, the form of which will be similar to that in freehold cases.

203. The steward's fees on a common surrender will be 17. 6s. 8d. for taking, presenting, entering, and examining feme covert; and 17. if the wife is not a party to the surrender : when the surrender is very long, it will be rather more.

Where previous Mortgage to be paid off.

204. It will be advisable in the first place, after being satisfied as to value for amount required, to

ascertain from the present mortgagee the amount due on his security, and whether he has notice of any further security; apprizing him of the application to the intended mortgagee for advance; also to learn that the present mortgagee has had proper notice, or agrees to be paid off; at the same time an appointment will be made for comparison of the abstract when obtained, with the writings.

205. The next step will be to obtain the abstract either from the present mortgagee's solicitor or the steward, and a certificate from the latter that no incumbrances exist beyond the mortgage.

206. The abstract will then be compared with the writings in the hands of the mortgagee, perused, and the sufficiency of the title ascertained as in other cases.

207. The security should then be prepared (see Appendix 306, &c. and 318, &c.); and the draft warrant to enter satisfaction sent to the mortgagee's solicitor for perusal. On the return of the draft perused, the security and discharge on existing mortgage must be engrossed, appointments made with the mortgagee and mortgagor for completion, and arrangements made for passing the surrender, the engrossments requiring the signature of the purchaser's mortgagee being sent to his solicitor for examination and signature.

**208. The bill of the mortgagee's solicitor should be obtained, and the items settled before the day fixed for completion, to prevent difficulty on that day. On the day fixed for completion, the writings will be received with the discharge properly signed. The new security will be passed and executed, and the principal and interest due to mortgagee, his costs, and the costs of the new mortgage, paid, and the balance handed over to the mortgagor. The surrender and satisfaction on previous surrender will afterwards be delivered to the steward for presentment, and his receipt obtained, as in other cases. His fee on surrender by man and wife will be 17. 6s. 8d., on warrant 13s. 4d., total 21.

Further Mortgage.

209. In this case, on receiving instructions from his client to prepare a further mortgage, the mortgagee's solicitor will only have occasion to obtain a certificate of no incumbrances subsequent to the previous surrender; and to prepare a further conditional surrender and bond or note, according to the amount required. (See Forms, Appendix, Nos. 323, 319.) These are to be engrossed, passed, and executed or signed, and the original surrender delivered to the steward, and his receipt obtained in the usual way.

Second Mortgage.

210. The solicitor of the intended second mortgagee will, on his client being satisfied as to the value of the property, obtain a statement from the first mortgagee of his claim, and whether he has notice of any further incumbrances. He will then obtain an abstract and certificate as to subsequent incumbrances, or otherwise satisfy himself as to the title, and as he will hold no writings, an abstract can hardly be dispensed with. The title being deemed good, the security will be prepared (see forms, 324, 319), engrossed, passed, and completed, and steward's receipts obtained in the usual manner, and notice is to be given to the first mortgagee of the second mortgage. (See form, 325.)

Assignment of Mortgage.

211. Having adopted the preliminary steps as to amount, title, &c. pointed out on a mortgage where another is to be discharged, the intended mortgagee's solicitor will prepare the security (form, 327) which he will get executed as any other deed, and have presented and enrolled by the steward; but as stewards frequently refuse to enrol any such deeds, and in scarcely any case can the assignment be of more benefit than a discharge of the previous surrender and passing a new one, except as affects the Stamp Act,

it will in most cases be better to adopt the more usual 'course, and to discharge the old surrender and prepare a new one.

212. The point as regards the Stamp Acts is this: An assignment of a mortgage is only liable to a 35s. stamp, and 25s. progressive duty, whilst a new surrender is considered to be liable to the ad valorem stamp; but it is conceived that the following plan might be adopted. Insert in the new surrender a recital that it is made on a transfer of the mortgage sum previously secured; and for further securing the same to the new mortgagee, have the previous mortgagee sign a warrant to enter satisfaction on the first mortgage, which the new mortgagee might hold till it became requisite on a future mortgage or a sale to present it. Such warrant might either be in the common form, or might authorize the entry of satisfaction on a direction to that effect by the new mortgagee. (See forms, 328, 306, &c.)

213. The steward's fee, should the assignment be presented and enrolled, would be 6s. 8d. for presenting, and 8d. (or some charge 1s.) per folio for enrolling, and as a draft court is made, the latter charge appears reasonable. Should the course here pointed out be adopted, the usual fees on surrender, and warrant, if entered should be paid, or in the event of the surrender being much increased in length, the steward might perhaps require an additional fee of a few shillings in proportion to the increased length.

Freehold and Copyhold Mortgages.

214. Where the property is part freehold and part copyhold, the freehold mortgage will be prepared in the form requisite according to the particular title, and will contain covenants for title, &c. (See form, 330.)

215. The only difference in the copyhold security will be the reference to the freehold security, and the statement of the ad valorem stamp being impressed on such security, and the surrender will then be on a 20s. stamp. (See form, 329.)