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49. c. 41. Registering Ships. 134 6. c. 16. s. 4. Bankruptcy 52. c. 146. s. 12. Parish Re

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Insolvency 184

144, 145

c. 156. Copyright c. 168. Attestation, &c. . 212 55. c. 102. Wills of Copy

holds. 195, 196

c. 116. Registering Ships 134 c. 192. Surrenders to the

Uses of Wills. 84

57. c. 99. Spiritual persons

holding Farms 120 s. 1. Leases of Benefices, &c. 191

58. c. 45. s. 38. Building

Churches 92 59. c. 5. Registering Ships. 134 c. 12. Select Vestries, &c. 267 c. 80. s. 2. Lunatics, &c. 261

ss. 64. 65. 68. Bank

Page 382

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GEORGE IV.

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1. c. 9. Registering Ships 2. c. 52. s. 8. Enrolment c. 121. Commissioners of Public Accounts 318

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3. c. 123. s. 1. Insolvency 184 4. c. 41. Registering Ships. 134 c. 76. Marriage Act 374, 375, 377

ss. 11, 16, 19. Insol

s. 16. Insolvency 184 s. 20. Insolvency. 183

9. c. 94. Bonds of Resignation

5. c. 113. Slave Trade

301

134

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ances by Trustees 169

c. 65. ss. 2-9, 11, 12, 15, 16. 21. Infants, &c. 248-250

ss. 3, 5, 6-9, 13

15, 19-21, 23—

30, 33-35. Lu

natics, &c. 253-260

ss. 3-10, 12, 14—
17, 21, 22, 25.
Infants, &c. 236-240
s. 11. Surrendering
Copyholds by At-
torney

s. 18. Lunatic's Ju-
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THE

PRACTICE OF CONVEYANCING.

CHAPTER I.

OF THE FORM OF THE ABSTRACT, AND THE RULES FOR ABSTRACTING DEEDS, WILLS, AND OTHER LEGAL DOCUMENTS.

AN abstract of title may be defined to be "a statement of the documents and evidences relating to certain particular premises, in which all that is necessary to enable counsel to form a correct judgment upon the validity of the title, is given at length, and all that is immaterial is retrenched." It is more usually prepared on a sale or mortgage of property, but not unfrequently on the settling or charging it. Its object is to show the actual state of the title of the premises to which it relates, and by what charges and incumbrances they are affected. Strictly, every judgment by which the property is bound should be mentioned in the abstract; (a) but equity considers it complete, if it appears that on certain acts done the legal and equitable estates will be in the purchaser. (b)

(a) Richards v. Barton, 1 Esp. N. P. C. 268.

(b) See 8 Ves. 436. 1 Jac. and Walk. 421. Sug. Vend. & P. 381.

B

Formerly the title-deeds were delivered to the purchaser, and his solicitor prepared the abstract at his expense, and the abstract was compared with the title deeds by the counsel before whom it was laid. (a) But now the purchaser, it seems, has a right to call for an abstract at the vendor's expense; and he is not obliged to take the deeds themselves in lieu of an abstract, and may, if it be refused, enforce its delivery by a bill in equity. (b)

Very great care and attention, and considerable knowledge, are required to prepare a correct abstract of title. The immaterial parts of the deeds, wills, and other documents to be abstracted, should be slightly noticed; the material parts should be fully given, and often set out verbatim. The abstractor, to do this correctly, must not only have a great familiarity with the parts and language of legal documents, but must also know the principles by which they are framed and construed.

We shall now consider, in the first place, the proper form in which an abstract should be prepared; and then mention the particular rules for abstracting the instruments which it usually contains.

It will be found useful, before commencing the abstract, to draw up a short account of all the documents. to be abstracted, mentioning their dates, nature, and effect.

A head or title is always given to the abstract, in which the situation of the property to which it relates, the name of the owner, and his estate or interest therein, should be shortly mentioned. The particular

(a) Sug. Vend. &. P. 381, citing Temple v. Brown. 6 Taunt. 60, but this

fact does not appear from the case. (b) 1 Prest. Abs. 34.

parcels to which the title relates are also sometimes mentioned.

If the lands are of peculiar tenure, as copyhold, gavelkind, &c., it should also be mentioned in the head of the abstract. And if the lands are in Kent, it should be noticed whether they have been disgavelled. It is also usual to mention any qualification with which the premises are sold.

The wills, deeds, fines, recoveries, acts of parliament, &c., should then be abstracted in the order of their dates; all the material parts being given at length, and the unimportant parts being simply referred to. Sometimes, however, it will be proper to arrange the abstract differently. Thus if it relate to different parcels of land, or different terms of years, which have been purchased or assigned at different times; or where the property has become vested in several persons as tenants in common, co-parceners or joint tenants, who have severed the tenancy, and there is a different deduction of title to the different shares, in such cases it will be proper to arrange all the deeds, &c. relating to any one portion together, and to head that part of the abstract with," As to the farm called A," &c., or "As to the third part or share of B," &c. and thus throughout the abstract. So where there is a first and second mortgage of the same lands, which have been transferred from time to time to different persons, it will be proper to depart from the strict chronological order of the deeds.

So, also, it frequently happens that different parts of the lands to be sold or mortgaged are held under different titles. In such cases there should either be separate abstracts of each part of the property, or all the deeds which relate to one part should be first

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