1. As to the place and time for, and expenses of, production of the deeds.

2. Production of - may be compelled by whom.

3. Non-production of - how far important.

4. Examination of - matters to be observed in.

(1.) The vendor may produce the deeds (a) for the purpose of verification, either at his own known residence (b), or upon or in the immediate vicinity of the estate (c), or in London (d); and the purchaser in such cases pays for the necessary journeys of his solicitor; if the deeds are in London, a country solicitor must employ a town agent to examine them, and cannot charge for a journey for that purpose; unless his client, (knowing the practice of the profession to be the other way,) requests him to undertake it (e): but a solicitor need not employ an agent in a country town to examine deeds, but may send a clerk (f). And, where all the deeds cannot be produced at one of the usual places for production, the additional expenses of journeys thereby rendered necessary are borne by the vendor (g); where the conditions of sale reserve to the vendor the option of producing the deeds at any one of several specified places, he must give to the purchaser reasonable notice of the place selected for the purpose (h); if he have only a covenant for production, the purchaser may, it seems, require him to produce them, or at least to send his own professional adviser for the purpose of enforcing production; as it might be refused to the purchaser's agent (i). In the case of a grant from the Crown, it is sufficient if the vendor's solicitor inform the purchaser where it may be seen (k); but the vendor must produce office copies or extracts of proved wills and records, and cannot require the purchaser to examine the originals at the public offices (l).

Deeds where to be produced.

Expenses of inspection.

Extra expenses consequent on production at unusual place.

(a) As to the right, as between the parties to a settlement, to the custody of the title deeds of the settled estate, see Reece v. Trye, 1 De G. & S. 273, n. (a).

(b) Sug. 448.

(c) 1 Jarm. Conv. by S. 99.

(d) Sug. 448.

(e) Alsop v. Lord Oxford, 1 M. &

K. 566; Horlock v. Smith, 2 Myl. & Cr. 523; In re Tryon, 7 Beav. 496.

(f) See Hughes v. Wynne, 8 Sim. 85.

(g) S. C., Sug. 448: quaere, whether the vendor can set off against the expenses of such journeys, the travelling expenses which the purchaser would have incurred had the deeds been produced upon the estate, or at the vendor's residence.

The purchaser may, as we have already shown, examine the deeds before laying the title before counsel; and if the title prove bad, may recover the expenses from the vendor (m); but, in order to do this, he must prove the existence of a valid contract for sale (n).