Power on breach of covenant to enter ami hold until perforro-ance thereof.

Law conditions should be subject to the rule against perpetuities, it, would apparently follow that such an implied condition of reentry would be void, as being exercisable at any future time.

(l) Above, p. 677.

(u) See above, p. 372 and n.

(f).

(x)Above, p. 675. Sr David-sou, Prec.Conv. vol. ii. pt. i. p. 511 and n.. 4th ed.: 1 Key & Elph. Prec. Conv. 335, n., 467, 604, 4th ed.: 338, n.. 464, 594, 8th ed.: Davidson's Concise Precedents 210 and n. 1 (b), 18th ed.

(y) Sec above, p. 675. (z)Above, pp. 491 sq.

(a) Above, p. 675.

Delivery of the title deeds on completion.

(b) See above, pp. 34, 47, 48.

(c) Sug. V. & P. 407; Dart, V. & P. 673, 5th ed.; 762, 6th ed.; 693, 7th ed.

(d) See Harrington v. Price, 3 B. & Ad. 170; Philips v. Robinson, 4 Bing. 106; Re Williams and Newcastle's Contract, 1897, 2 Ch. 144, 148; Wms. Pers. Prop. 126, 16th ed.

(e) See above, pp. 144, 153 - 155, 604.

(f) See above, p. 134.

(f) See below, Chap. XXI.

Re William and New-castle's Contract.

(h) See below, Chap. XXI.

(i) Above, p. 47.

(k) Stat. 37 & 38 Vict. c. 78, s. 2, rule .5.

(l) Re Williams and Newcastle's Contract, 1897, 2 Ch. 144.

(m) 2 Dart, V. & P. 618, 4 th ed.: Wms. Pers. Prop. 11, 11th ed.: 127, 16th ed.

Vendor, who has covenanted to produce the deeds.

(n) 2 Dart, V. & P. 675, 5th ed.; 703, 6th ed.; 694, 7th ed.

(o) Davidson, Prec. Conv. vol. iii. 59, 857, 3rd ed.; Williams on Settlements, 125.

Vendor who has given a statutory acknowledgment and undertaking.

Where lands held under one title are put up for sale in lots, without any special stipulation as to the custody of the title deeds, it is considered that, if all the lots be sold, the title deeds should be delivered to the purchaser of the largest part in value of the lands (whether that part be contained in one lot or several lots), and that he should give statutory acknowledgments and undertakings to the other purchasers (r). If and so long as any lot remain unsold, the vendor will be entitled to retain the deeds (s). But it is usual and proper on a sale by auction of land in lots to make special stipulations to the like, effect; and these generally provide that the deeds shall, after all the lots shall have been sold, whether at the auction or afterwards, be delivered to the purchaser of the largest part in value of the lands sold (t).

Sale of land in lots.

(p) Sag. V. & P. 434, 435; Dart, V. & P. 661, 675, 5th ed.; 633, 763, 6th ed.; 584, 694, 7th ed.; Davidson, Prec. Conv. vol. ii. pt. i. 664, n., 4th ed.; see above, p. 667.

(q) Stat. 44 & 45 Vict. c. 41, s. 9 (2), (9).

(r) See Griffiths v. Hatchard, 1 K. & J. 17. 18; Bug. V. & P. 34; Dart, V. & P. 144. 674, 5th ed.; 162, 762, 763, 6th ed; 158, 693, 694, 7th ed.: 1 David-Bon, Prec Conv. 147. 589, 4th ed.

Above, p. 681.

It has already been considered (u) how far the existence of a solicitor's lien on the title deeds may he an obstacle to their delivery to the purchaser (u). The vendor's solicitor can acquire no lien on the draft or engrossment of the conveyance by reason of its being-handed to him for approval on behalf of or execution by the vendor; as both draft and engrossment are the property of the purchaser (having been prepared at his expense (x), and must be returned to him, whether the contract be completed or rescinded (y).

Solicitor's lien on the deeds.

As we have seen (z), the vendor is, as a rule, bound to furnish the purchaser with proper statutory acknowledgments and undertakings for the production and safe custody of any title deeds or other muniments of title which may lawfully be withheld from the purchaser on completion, and are necessary to make a good title according to the contract. This rule, it will be observed, does not oblige the vendor to furnish any acknowledgment or undertaking with regard to any document of title dated prior to the time fixed by law or agreed upon for the commencement of title. The rule is, moreover, subject to two important exceptions. First, it does not apply to documents in public or official custody or other documents, not being in the vendor's possession or power, of which the purchaser can always obtain good evidence for himself (a). It does not therefore apply to deeds of bargain and sale enrolled, or to copies of court roll not remaining in the vendor's possession or power: but where the vendor retains any copies of court roll forming part of the abstracted title, he must give an acknowledgment and undertaking with regard to them (b). It is strange that it is not settled whether the probate of a will or letters of administration forming part of the title should be included in an acknowledgment for production (c). Of course an unproved will of realty only (d) should; for that remains in private custody. And it seems that, on a sale of leaseholds, the probate of a will or letters of administration forming part of the title, should, if retained by the vendor, be included in the acknowledgment; as the probate, or an exemplification thereof, and not the original will, is the only proper evidence of the will, and the letters are the proper evidence of the administrator's title (c). It appears too that whenever executors as such have taken an interest in or exercised a power over the land sold, as under the Land Transfer Act, 1897, or Lord St. Leonards' Act (f), the probate of the will, being the proper evidence of their appointment, ought, if retained, to be included in the acknowledgment; and this is equally true with regard to the letters of administration in the case of an administrator. And it may be contended that, since the probate of a will has been made admissible evidence of a devise of realty (g), it ought always to be the subject of an acknowledgment and undertaking, where it forms part of the title and is retained. As we have seen (h), however, office copies of wills and letters of administration are accepted as good evidence on a sale; and office copies of wills may be put in evidence in Court to prove a devise of realty under the same conditions as the probates may (i). For these reasons, perhaps, it has not been the general practice to include probates or letters of administration in a covenant or an acknowledgment for production of documents of title: but it is submitted that a claim for their inclusion could not be successfully resisted (k). And it is not usual in practice to include in acknowledgments copies (whether attested, certified, official or otherwise) of any documents, or certificates of baptism, marriage or burial, or receipts of payment of any death duties (k); although, as regards office copies and receipts for succession or estate duty retained by the vendor, this seems hardly to conform with the principle laid down by the Court (l). Statutory declarations, which the vendor would be bound to hand over if they related solely to the land bought, should, if retained by him, be the subject of an acknowledgment. The purchaser cannot require any acknowledgment for production of a document produced merely to prove that it does not affect the property sold, unless it be in the vendor's own possession or power (m) .