The purchaser's solicitor is entitled, if he please, to compare the abstract with the deeds before investigating the title, and the vendor (assuming that there is a binding contract) must pay the costs if the title prove bad (n); but unless the abstract be apparently defective, it is better to defer doing so until counsel's opinion (if taken) is obtained upon it (o).

A purchaser's solicitor, it is conceived, is prima facie legally justified in incurring the expense of counsel's opinion upon the abstract; in London, perhaps, the majority of titles (except those of the simplest description) are submitted to counsel; in the country, the practice inclines considerably the other way: it may be here re-marked that the decisions of the various Courts of Law and Equity have a retrospective effect upon titles; so that, in estimating the value of a favourable opinion taken a few years previously, allowance must be made for the possibility of the title having been since rendered unmarketable, possibly unsafe, by some intermediate and unexpected exposition of the law. The abstract, when submitted to counsel, should, of course, be accompanied by a copy of the agreement and conditions of sale (if any).

It is presumed that every person who habitually peruses abstracts keeps some memoranda of their contents; an abstract book is desirable, not only as an assistance in the perusal, but also for the purposes of reference on future occasions.

Whether to be compared with deeds before investigation of title.

As to consulting counsel thereon on behalf of purchaser.

As to pe(n) Hodyen v. Earl of Litchfield, 1 Bing. N. C. 499.

(o) Sug. 437. rusing abstracts.

Sir E. Sugden recommends that an abstract should be perused at a single sitting (p): this, although desirable, is often impracticable: it is suggested, that the most convenient plan of perusal, (especially for those whose experience is limited) is as follows; viz., immediately upon perusing, and thoroughly understanding, an abstracted document, to enter it, by its date and parties, in the abstract book, with as concise a statement as possible of its effect, and a memorandum of any peculiarity which may appear in its contents, or of any deficiency in the usual statements as to execution, registration, indorsement of receipts, etc.; and then, in the margin of the abstract book, to make all those queries and requisitions which would properly be made if the instrument in question were the termination of the title, except such as the early date of the instrument, or other circumstances, may render evi-dentlv unnecessary: for instance, an estate tail has been created; - the query will be, "how has this been barred?" a man acquires within a recent period an estate in fee,- the query will be, "is any widow dowable?" the estate is charged with an annuity, - the query will be, "is this a subsisting charge?" a death or descent is stated, - the marginal note will be, " produce the usual evidence:" a deed is not registered, - the marginal note will be, "must be registered at the vendor's expense:" in all probability, on advancing further in the abstract, most of the queries will be satisfactorily answered, and many of the requisitions will be found to be unnecessary; and, whenever this is the case, the pen may be passed lightly through the marginal note, not so as to render it illegible, but merely to show that it is unimportant, and the number of the subsequent page which supplies the information may be added by way of reference; by adopting this course, or some modification of it, an interruption in the perusal of the abstract is rendered comparatively unimportant; a very short reference to the abstract book is sufficient to show how matters stood at the time of the interruption; and when the perusal is finished, such of the marginal notes as have not been crossed out will furnish safe materials for the opinion.

Suggested mode of pe rusal.

(p) Sug. 438.

The acceptance of a title, of course, is no waiver of objections which are not disclosed by the abstract (q); nor, is a client bound by his counsel's acceptance of a defective title, even although the defect appear upon the abstract (r): if, however, counsel waive a requisition, and the purchaser adopt his opinion and deal with the vendor on that view, he cannot afterwards repudiate it (s).

If a solicitor be concerned for both parties, although of course bound to see that the purchaser does not buy with a defective title, or buy that which is in fact his own, he is not at liberty to disclose defects in the vendor's title of which the purchaser might himself take advantage: and a solicitor acting in contravention of the rule has been held liable in an action for damages (t).