We have now arrived at the subject of the actual completion of a sale of land. This usually takes place at the office of the vendor's solicitors (u); and the conveyance is either executed there and then, or else, having been previously executed by the vendor and all other necessary parties, if any, it is then handed over to the purchaser in exchange for payment by him of the amount due for the price and otherwise on the adjustment of accounts between the parties (x). And at the same time all the title deeds and other documents of title, which were in the vendor's possession and which he has no claim to retain (y), are delivered over to the purchaser. The purchaser must take care that he receives a conveyance duly executed by all the conveying parties and that he pays the purchase money to such person or persons only as are entitled to receive the same and can give a good discharge therefor. He must also ascertain, as we have seen (z), that there is no obstacle to his entering, immediately after completion, into actual possession or enjoyment of the property sold; and of course this should be done before payment of the purchase money. The vendor must see that he gets proper payment of the price.

Completion.

(n) Above, pp. 527 sq., 546, 560 sq.

(p) Above, pp. 536, 561.

(p) Williams v. Glenton, L. R. 1 Ch. 200, 207, 211.

(q) See above, p. 537.

(r) Hanson v. Lake, 2 Y. & C. C. C. 328; Hinder v. Streeten, 10 Hare, 18; Bannerman v. Clarke, 3 Drew. 632; Gresswell v. Haines, 8 Jur. N. S. 208; Barker v. Venables, 11 Jur. N. S. 480.

(s) See above, p. 528.

(t) Wortham v. Dacre, 2K.&J. 437; Purser v. Darby, 4 K. & J. 41; Sanderson v. Chadwick, 2 N. R. 414; Williams v. Glenton, L. R. 1 Ch. 200, 207, 211.

As regards the execution of the conveyance, it is enacted by the Conveyancing Act of 1881 (a) that on a Bale the purchaser shall not be entitled to require that 1 the conveyance to him be executed in his presence or in that of his solicitor, as such, but shall bo entitled to have, at his own cost, the execution of the conveyance attested by some person appointed by him, who may, if he thinks fit, be his solicitor. It is thought that this enactment extends to the execution of the conveyance, not only by the vendor, but also by all other necessary parties. And where the conveying parties and their solicitors are unknown to the purchaser or his solicitors, it is a prudent precaution to insist on the exercise of the right so conferred, in order to avoid all risk of forgery or fraud (b). The vendor is bound, as a rule, to convey the land sold in person, and the purchaser cannot be required to accept the execution of the conveyance, on behalf of any necessary party, by attorney, except where circumstances make this course absolutely necessary (c). The objection to the execution of any document by attorney is of course that a power of attorney is in general revoked by the death (d), bankruptcy (c), or (it is said) insanity (f) of the donor of the power. Even if given for valuable consideration, such a power is revoked at common law by the donor's death (g), though not by his bankruptcy (A) or insanity (i), or if the donor were a woman, by her marriage (k): but it appears that equitable relief would be afforded against the revocation of such a power by death (/). And if the power were given for valuable consideration and expressly made exercisable after the donor's death in the names of his legal representatives, it appears that it would remain valid, both at law and in equity, after his death (m). By the Conveyancing Act, 1882 (n), a power of attorney given after that year for valuable consideration and expressed in the instrument creating the power to be irrevocable, is not revoked, invalidated or affected, in favour of a purchaser (o), by anything done by the donor of the power without the concurrence of the donee of the power, or by the death, marriage, lunacy, unsoundness of mind, or bankruptcy of the donor of the power, or by notice of any of these things. And by the same Act (p), a power of attorney given after that year and expressed in the instrument creating the power to be irrevocable for a fixed time therein specified, not exceeding one year from the date of the instrument, is not revoked, invalidated or affected, in favour of a purchaser (q), by the same events or notice of them. When a purchaser accepts the execution of the conveyance by attorney on behalf of any necessary party, he should not allow the purchase money to be paid over into the entire control of the vendor's agent until he has received satisfactory proof of the validity of the power at the time at which it was acted on (r). And the best course appears to be to stipulate for the investment of the purchase money in the meantime in the names of trustees, but at the vendor's risk (s). This course is unnecessary where the power of attorney is at the time of execution of the conveyance irrevocable and extends to authorize the purchase money to be paid to the donee of the power, and the purchaser is satisfied of the due execution by the vendor of the power of attorney. But it is thought that the vendor cannot oblige the purchaser to accept the execution of the conveyance by attorney on the ground that the power of attorney may be made irrevocable under the Conveyancing Act, 1882, where there is no other reason for the execution of the conveyance by attorney. Where the conveyance is to be executed by attorney, the power of attorney should be abstracted at the vendor's expense to enable the purchaser's counsel to advise upon its sufficiency; and it should be handed over to the purchaser on completion.

Attestation of the conveyance by a witness of the purchaser's choosing.

(u) Above, p. 73.

(x) Above, pp. 713 sq.

(y) Above, pp. 680 sq.

(z) Above, pp. 609, 610.

Stat. 44 & 45. Vict. c. 41, applying only to Bales made after the year 1881. Before this enactment, the law was that, prima facie, a purchaser had no right to require the render to execute the conveyance in the presence of himself or his solicitor: but in special circumstances he might require the vendor to do so, and the vendor was obliged to comply with such a requisition, if it were reasonable to make it. Whether this were so was a question of fact. See Vineyv. Chaplin, 2 DeG. & .J. 168, 478; Essex v. Darnell, L. R. 10 C. P.