Importance of the examination of the title-deeds with the abstract.

Besides verifying the documents and facts stated in the abstract, the vendor is bound, in the absence of special stipulation, to prove the identity of the property described in the contract for sale with that specified in the title-deeds (z). The requisite evidence of identity is usually obtained from ancient plans, leases, extracts from parish and land-tax books, and statutory declarations of old people (a). It is, however, a common stipulation in contracts for sale of land that the purchaser shall admit the identity of the property purchased with that comprised in the muniments offered by the vendor as the title to such property upon the evidence afforded by a comparison of the descriptions contained in the particulars of sale and in the muniments (b). This condition deprives the purchaser of his right to require independent evidence of identity: but it does not exonerate the vendor from proving identity as part of his obligation to show a good title. If therefore a comparison of the descriptions in the title deeds with the description in the contract afford no evidence that the property purchased is the same as or is part of the property to which the deeds relate, the vendor cannot force the title on the purchaser without giving further evidence of identity (c).

Proof of identity of property.

(t) Sug. V. &P. 411. (u) 1 Dart, V. & P. 415, 5th ed.; 480, 6th ed.; 493, 7th ed. (x) Ibid.; Sug. V. & P. 411.

(y) Above, p. 117. (z) Above, p. 33. (a) 1 Davidson, Prec. Conv. 557, 4th ed.; 463, 5th ed.

It may be convenient to consider the various matters, of which proof is generally required on sales, in alphabetical order as follows: Evidence of particular matters.

Acknowledgment of a deed by a married woman under stat. 3 & 4 Will. IV. c. 74: - proved, if the deed were executed before the 1st of January, 1883, by the memorandum of acknowledgment in the proper form endorsed on or written at the foot or in the margin of the deed, and an office copy of the certificate of acknowledgment (d), the filing of which was essential (e); if the deed were executed on or after the 1st of January, 1883, by a memorandum only in the proper form endorsed on or written at the foot of or in the margin of the deed and purporting to be signed by a person authorized to take the acknowledgment (f).

Acknowledgment.

(b) 1 Davidson. Prec. Conv. 610 and n., 4th ed.: 520, 6th ed.; 1 Key & Elphinstone, Prec. Conv. 262, 4th ed.; 250, 8th ed.; above pp. 65, 72.

(c) Flower v. Hartopp, 6 Beav. 476; Cwrling v. Austin, 2 Dr. ft Sm. 129; and see Sug. V. & P. '26; 1 Dart, V. & P. 153, 154, 5th ed.; 174, 175. 6th ed.; 170, 7th ed., and Chap. VI., below.

(d) Stats. 3 & 4 Will. IV. c. 74, as. 84 - 88; 4 & 5 Will. IV. c. 92. ss. 75 - 79, as to Ireland: 455 & 46 Vict. c. 39, s. 7 (8).

(e) Jolly v. Handcock, 7 Ex. 824.

(/) Stat. 45 & 46 Vict. c. 39, s. 7, and Rules thereunder; see Williams's Conveyancing Statutes, 281, 477.

W

Act of Parliament. A public Act needs no proof, the Court taking judicial notice of public Statutes (g). A private Act is proved by a copy thereof purporting to be printed by the King's printers (h), or by a copy thereof proved to have been examined with the Parliament Roll (i).

Act of Parliament.

Award of enfranchisement. If made under the Copyhold Act, 1858, proved by a copy thereof purporting to be sealed or stamped with the seal of the Copyhold Commissioners (k). If made under the Copyhold Act, 1887, proved in the same way or by a copy of the entry directed to be made of the award in the court rolls of the manor (l). The Copyhold Act, 1894 (m), repealed, without re-enacting, the section of the Act of 1852 (n) which made awards provable by such evidence in courts of justice. But similar evidence of awards of enfranchisement made under the Act of 1894 (o) would appear to be receivable by conveyancers on a sale.

Award of enfranchisement.

(g) R. v. Sutton, 4 M. & S. 532, 542.

(h) Stat. 8 &9 Vict. c. 113, s. 3.

(i) Taylor on Evidence, Sec. 1368, vol. ii. p. 1315, 5th ed.; and see Coventry, Conveyancers' Evidence, 81; Burt. Comp. pl. 482; above, p. 122.

(k) After the year 1882, the Copyhold Commissioners were styled the Land Commissioners, and on the 12th August, 1889, their powers and duties were transferred to the Board of Agriculture; stats. 45 & 46 Vict. c. 38, s. 48; 52 & 53 Vict. c. 30, s. 2.

(l) See stats. 15 & 16 Vict. c. 51, s. 49; 21 & 22 Vict. c. 94, s. 10; 50 & 51 Vict. c. 73, s. 22.

(m) Stat. 57 & 58 Vict. c. 46, s. 100.

(n) Stat. 15 & 16 Vict. c. 51, s. 49.

(o) Under this Act, 57 & 58 Vict. c. 46, s. 10 (1), (5), enfranchisement is made by an award confirmed by the Board of Agriculture, who are to send a copy of the confirmed award sealed or stamped with the seal of the Board to the lord, and the lord is to " cause the copy to be entered in the court rolls of the manor." Under stat. 52 & 53 Vict. c. 30, s. 7, every document purporting to be an order, licence, or other instrument issued by the Board of Agriculture, and to be sealed with the seal of the Board, authenticated by the signature of the president or some member of the Board, or the secretary or some person authorized by the president to act on behalf of the secretary, or purporting to be signed by a secretary, or any person authorized by the president to act on behalf of the secretary, shall be received in evidence and be deemed to be such order, licence or instrument, without further proof unless the contrary is shown.

Award as to the inclosure of common lands made under an Act incorporating the Inclosure Consolidation Act, 1801, or other special Inclosure Act. Proved by a copy or extract signed by the proper officer of the Court, if the Award were enrolled in one of the Courts of Westminster, or, if the Award were enrolled with the clerk of the peace for the county in which the lands lie, by the clerk or his deputy, and purporting to be a true copy(p).