Where two or more persons purchase one lot, the money must be paid altogether; the Court will not allow them to pay their proportions separately, on account of the confusion which might ensue. 1 Sugd. V. & P. 61. ·

If a purchaser is not satisfied with the title, but is desirous of being exempt from the payment of interest on his purchase money, he should move on notice, that he may be at liberty to pay in his purchase money, without prejudice to any question as to the title, and sometimes it is arranged that he may be let into possession, &c. Such an order was made by the Vice Chancellor in Maurice v. Wainwright, 7th November, 1833.

When the order for the purchaser to pay in his purchase money is drawn up, passed, and entered, it is taken to the accountant general's clerk by the purchaser's solicitor, who bespeaks a direction from the accountant-general to pay in the purchase money; the accountant-general's clerk prepares the direction, which is signed by the accountantgeneral. The direction is taken to the Chancery-office Bank, and the money is paid into the Bank in the usual way. On paying in the money a receipt is given, which is filed at the accountant-general's office, Chancery Lane, and an office copy of it made, which the solicitor usually finds ready for him, about three weeks after the certificate is filed.

If interest is to be paid in, an affidavit must be made, that the interest on the sum of £, being the purchase money for the premises, comprised in lot, No. ——, and that interest on the sum of £, being the value of the timber thereon, from the day of ——, at the rate of five per cent. per annum, amount to the two several sums of £——, and £-- and no more.

When the purchaser has paid in the purchase money, the vendor's solicitor should sign, or some one in his name,

N

one of the printed requests kept at the accountant-general's office, desiring that the same may be laid out in the purchase of three per cent. consols. Pursuant to this request and the authority in the order, the purchase money is invested by the accountant-general, and a certificate of such investment may be procured by applying at his office, about three weeks after the request has been left.

The purchaser's solicitor then prepares his conveyance, at his own expense, which is perused by all parties who are required to execute the same. If the vendor is not an executing party, he is not allowed for the expense of perusing the conveyance. The conveyance being settled, the vendors must procure the same to be executed by all necessary parties. The expense attending the execution of the conveyance is always borne by the vendor. 1 Sugd. V. & P. 450.

When the conveyance is executed, the title-deeds should be delivered over to the purchaser. If there are several lots, and the title-deeds relate to them all, the conditions of sale usually provide, that the deeds shall be given up to the purchasers of the largest lot; and that such purchasers shall enter into a covenant to produce the same: and that the purchasers of the smaller lots shall have attested copies at their own expense. In Kinnard v. Christie, March, 1809, Lord Eldon determined, that the purchaser of the largest lot is to have the title-deeds, and not the purchaser of several lots, which several lots together were larger than the largest single lot.

If the title deeds have been left, and are in the Master's office, or in the hands of the clerk in court, it is the duty of the vendor to get them out, and deliver them to the purchaser, at the expense of the estate. If the parties in the cause will and can consent, the order may be obtained upon a petition or motion of course. In the one case, upon

the petition being signed by the clerk in court of all the parties, excepting the clerk in court of the petitioner; in the other, on consent briefs, signed by counsel, being produced on behalf of all such parties. If the parties will not, or are not competent to consent, a notice of motion must be given, and the order may be made upon an affidavit of service. One order may include the delivery of all the deeds to the different purchasers.

At the time when the conveyance is executed, and the deeds or attested copies are delivered up to the purchaser, it is prudent for the vendor's solicitor to procure a written authority from the purchaser to consent in his name to the distribution or payment of the purchase money, as the Court may direct. If this authority is not obtained, it will be necessary to apply to the purchaser for a consent, or to serve him with a written notice, before any part of the purchase money can be taken out of Court; and the decree or order for the payment or distribution of such money, or any part of it, can only be made on such consent, or on an affidavit of service to the purchaser, and an affidavit that the conveyance to him has been executed. Noel v. Weston, April, 1821; Newton v. Bradshaw, 2d July, 1804.

Although the purchase money is not to be paid out without notice to the purchaser, he is not bound to see to the application of it. Neither is a purchaser under a decree affected by irregularities and defects in the decree, by which the application of the money may not have been properly secured, Curtis v. Price, 12 Ves. 89; but he is bound to see that the sale is made according to the decree. 1 Sugd. V. & P. 58. It is no objection on the part of a purchaser of land by a Master, that more land has been sold than is necessary for the purposes of the testator's will. Lutwych v. Winford, 2 Bro. C. C. 248.

A purchaser cannot prevent the distribution of a fund

arising from purchase money, because the heir is an infant, or retain a part of the purchase money, to answer the expense of a fine contingent on his dying under age. Morris v. Clarkson, 3 Swanst. 558.

CHAPTER XVIII.

SUBSTITUTED PURCHASER.

THE Court will not allow another person to be substituted for the purchaser, even though the purchaser consent, excepting upon the terms of such person paying the purchase money into Court, and upon his making an affidavit that there has been no under bargain. Rigby v. M'Namara, 6 Ves. 515. Vale v. Davenport, 6 Ves. 615. Before the time of Lord Eldon, the Court appear to have allowed one purchaser to be substituted for another, if such purchaser consented, without requiring an affidavit that there was no under bargain. In Matthew v. Stubbs, 2 Bro. C. C. 391, a motion was granted by consent to substitute one purchaser for another, merely upon the allegation that one party was agreeable to complete his purchase, and the other willing to take it at the price which had been bidden; but such is not the present practice.

One purchaser may be discharged, and another substituted by consent, where the Court is satisfied there has been a mistake, and there has been no underhand bargain; and, under circumstances, a purchaser may be discharged altogether from his purchase. If an agent, instructed to

purchase for his principal, sign the agreement in his own name, instead of as agent for another, the Court by consent, and upon an affidavit of the fact, will allow such principal's name to be substituted for the supposed purchaser. So also if a person is desirous of being substituted for the purchaser, the Court, upon the purchaser's consent, and being satisfied by affidavit that there is no underhand bargain, and upon the substituted purchaser paying the purchase money into Court, will order such substitution.

The Court will not discharge the solicitor in the cause from a purchase before the Master, which he made with at view of preventing a sale at an undervalue. Nelthorpe v. Pennyman, 14 Ves. 517.

To obtain liberty for one person to be substituted for another as the purchaser, a notice of motion must be served on such purchaser, or on his solicitor or town agent, and on the clerks in court of all the parties in the cause. The motion should be, "that upon paying into Court-l., (the amount of the purchase money,) he may be substituted, as the purchaser, for A. B.; and that A. B. may thereupon be discharged." In support of this application there must be an affidavit that there is no under bargain. The order is made on the purchaser's consent, and on an affidavit of the service of the notice of motion.

If the purchaser resell at a profit behind the back of the Court, before his purchase is confirmed, the second purchaser is considered a substituted purchaser, and must pay the additional price into Court, for the benefit of the estate. 1 Sugd. V. & P. 57.

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