(c) This is a consequence of the vendor's right to enforce specific performance with compensation, and of the prevalence of this equitable right over the purchaser's rights at common law; see Reynolds v. Kelson, 6 Madd. 290; Frank v. Basnett, 2 My. & K. 618; Phelps v. Prothero, 7 De G. M. & G. 722; Hall, V.-C, Tredegar v. Windus, L. R. 19 Eq. 607, 615; Judicature Act, 1873, stat. 36 & 37 Vict. c. 66, ss. 24 (5), 25(11).

(f) See Manser v. Back, 6 Hare, 443, 447, 448; Alvanley v. Kinnaird, 2 Mac. & G. 1, 8; below, Chap. XII. Sec. 4.

3. - (1.) The vendor shall produce all the evidence of title, which is in his own possession, at the proper place for verification of the abstract, that is to say, at his own residence, upon or near the property sold or in London; or he shall pay the extra expense occasioned to the purchaser by the examination of any such evidence elsewhere; but he may produce any documents of title, which are in the possession of other persons than himself, at the place where such documents are, and the purchaser shall pay any extra expense so caused of the examination of such documents by him or his solicitor (k).

(2.) The purchaser shall pay the expense of procuring and producing all evidence of title which he may require but which is not in the vendor's possession (l).

(3.) The vendor shall at his own expense procure all documents of title, which are required by law to be stamped but are unstamped or insufficiently stamped, to be properly stamped (m).

Place of verification of the abstract.

Expense of evidence not in vendor's possession. And of stamping unstamped documents.

(g) Above, p. 37.

(A) See Tamplin v. James, 15 Ch. D. 215, 222, 223; below, Chap. XIII. Sec. 1.

(i) Neap v. Abbott, C. P. Coop. 333; Manser v. Back, 6 Hare, 443; Alvanley v. Kinnaird,2 Mac. & G. 1; Wood v. Scarth, 2 K & J. 33: Scott v. littledale, 8 E. & B. 815: Webster v. Cecil, 30 Beav. 62; Durham v. Legard, 34. Beav 611; Rudd v. Lascelles, L900, 1 Ch. 815, 820; see below, Chap. XII. Sec. 4; Chap. XIII. Sec. 1.

(k) Sharp v. Page, Sug. V. & P. 430; Hughes v. Wynne, 8 Sim. 85; Sug. V. & P. 429, 430; 1 Dart. V. & P. 407, 408, 5th ed.: 470, 471. 6th ed.; 481, 482, 7th ed.: Conv. Act, 1881, stat. 44 & 45 Viet. c. 41, s. 3 (6).

(l) This is the effect of Conv. Act, 1881, stat. 44 & 45 Vict, c. 41, s. 3 (6); See RE Willett and Argenti, 5 Times L. R. 176; Re Stuart, Olivant and Seadon's Contract, 1896, 2 Ch. 328, 4. The purchaser shall at his own expense examine the abstract of title and the evidence offered in support of it; and if and so soon as a good title shall be shown, he shall accept the title (n).

Purchaser to accept the title, if shown to be good.

5. - (1.) The purchase shall be completed so soon as the vendor shall have shown a good title, that is to say, when the title contracted for shall have been proved upon the abstract and by all the evidence necessary to verify the same (o). The purchaser shall thereupon prepare at his own expense a proper conveyance of the property to the purchaser or as he shall direct (p), and shall tender the same to the vendor for execution, at the same time tendering the whole amount due in payment of the purchase-money (q); and the vendor shall thereupon accept such payment and execute the conveyance at his own expense and shall give possession of the property to the purchaser (r), and the purchaser shall take such conveyance accordingly (s).

(2.) A proper conveyance of the property means an assurance effectual to vest the whole estate contracted for, both legal and equitable, in the purchaser or his nominee, and containing the usual covenants for title by the vendor. These are covenants for right to convey, quiet enjoyment, freedom from incumbrances and further assurance, extending to indemnity against anything done, omitted or knowingly suffered by the vendor and his predecessors in title back to and including the last person who became entitled to the property on a sale or another occasion on which proper covenants for title were given (t).

Completion of the purchase.

(m) Whiting to Loomes, 14 Ch. D. 822, 17 Ch. D. 10: Re Lovell and Collard's Contract, 1907, 1 Ch. 249.

(n) Above, p. 35.

(o) Above, p. 33.

(p) Eqmont v. Smith, 6 Ch. D. 469, 474'.

(q) Above, p. 35.

(r) Above, p. 34.

(s) Re Cary Elwes' Contract, 1906, 2 Ch. 143.

(3.) If the state of the vendor's title be such that, in order to convey to the purchaser the whole estate contracted for, other parties than the vendor must join in the conveyance, the vendor shall at his own expense procure all such other necessary parties to join in and execute the conveyance (u).

6. - (1.) The vendor shall deliver to the purchaser on completion all muniments of title relating solely to the property purchased (x), but he shall retain any documents of title which are in his own possession and relate to any part of an estate retained by him as well as to the property sold (y): and he shall not be required to obtain and hand over to the purchaser any documents of title, which relate to other property as well as to the property sold, and of which any person other than the vendor is entitled to retain possession (z).

(2.) The vendor shall give or procure to be given to the purchaser proper statutory acknowledgments of right to production and delivery of copies, and proper statutory undertakings for safe custody, and also (if required by the purchaser, but at his expense) attested copies of all such documents of title as are not handed over to the purchaser on completion and are necessary to make a good title according to the contract; except documents in public or official custody and other documents, not being in the vendor's possession or power, of which the purchaser can always obtain good evidence himself: but the purchaser shall not require any fresh acknowledgment, undertaking or covenant to be given to him as regards any documents lawfully retained by some other person than the vendor, for the production and safe custody whereof the purchaser will on completion have the right to enforce at law a proper statutory acknowledgment and undertaking or a covenant given to the vendor or his predecessor in title (a).