pose by the said

or such person as aforesaid as he shall appoint; and the turf for charking the same shall be got from the borders of the land where the wood grows, and not upon the meadow or pasture land, or elsewhere, without the consent in writing of the said, or his agent, or such other steward as aforesaid; and that sawpits shall also be sunk in the said grounds where the timber is, or such other places as shall be appropriated by the said or his agent, or such other steward as aforesaid; and not elsewhere without such consent as aforesaid; and such saw-pits shall also be filled up at the purchaser's expense; and the respective purchasers shall not do or commit, or permit or suffer to be done or committed, any wilful damage in and upon any of the lands and premises whereon the said timber grows, or in or upon any lands or grounds through or over which such timber or any produce thereof shall be taken or hauled away; and if any such damage shall be done or occasioned thereby, the respective purchasers shall render and pay treble the value of such damages to the vendors; the same damage to be valued and fixed by the auctioneer or auctioneers of this sale, and to be recoverable as liquidated damages."

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Another condition was, "that the winter timber, if converted upon the premises, shall be taken to the pit on or before the next, and the oak timber on or before the 1st of September next, and the whole thereof shall be cleared off the premises on or before the 1st day of December next; and the respective purchasers of the timber trees shall butt, top, and clear the branches thereof from the mowing grass, clover, or crops of grain, immediately after such trees are fallen, and draw and place the same together in some convenient place, to be fixed by the said or his agent, or such other steward as aforesaid; and the said respective purchasers shall leave for the

respective tenants of the lands whereon such timber grows, six stakes for every tree felled in the hedge row, and a sufficient quantity of brushwood from the tops of the trees for mending the gaps; and all the timber, cord-wood, and offal-wood produced from or upon any or either of the said lots, which shall be left on any of the lands and premises after the 1st day of next, shall be absolutely forfeited and become the property of the vendors, who shall be at liberty to take and sell the same, without rendering any account thereof to any such purchaser."

The conditions may also provide for a reserved bidding on each lot, and it should also be stated that no auction duty is payable on the sale.

In some cases, instead of the above conditions, it is provided that the purchaser, after making the deposit of 107. per cent., should give security, to be approved of by the Master, or enter into recognizances for the payment of the residue of the purchase money. If the conditions are framed in this manner, a bond or recognizance must be entered into with each purchaser; and these, or at least one of them, must be settled by the Master, and a proposal for sureties must be left and approved, and a report approving the purchase must be taken by each purchaser. As this is attended with much expense, the conditions first mentioned are recommended.

At the time of the sale, the highest bidder of each lot should sign an agreement at the foot of the particulars in the following form:-" I, 'I, of, in the county of

hereby agree to become the purchaser of lot, in these particulars mentioned, at the sum of. under and subject to the above conditions of sale, which I the undersigned hereby promise and agree to comply with in every particular. As witness my hand, this

183-."

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The deposit is then paid; promissory notes are given for the residue, and, when due, the money is paid to the party appointed to receive the same. A short state of facts is then laid before the Master, stating for what amount the timber has been sold, the expenses that have been incurred, and the amount which remains to be paid into Court; this is supported by the affidavit of the party appointed to sell. Upon these the Master makes his report, setting forth the several proceedings, what has been received for the timber, what is to be deducted for expenses, and the amount to be paid into Court. This report is filed, and the amount paid into the Bank in the name of the accountant-general. A petition is then presented, praying that the Master's report may be confirmed, and for the taxation and payment of the costs; and, if necessary, it may pray that the rights of the parties, in the produce of the timber, may be declared. It is also prudent to pray that the recognizances entered into may be vacated, and that, for that purpose, the proper officer may attend with the record of the said recognizance. The order is drawn up accordingly.

In some cases the first order only refers it to the Master, to inquire whether any, and, if any, what timber and timber-like trees, standing or growing upon the estate, in the pleadings mentioned, are in a state of decay, or which will not improve by standing, and are fit and proper to be cut down.

The Master then makes his report, stating what trees are proper to be felled; the report is confirmed by a petition, which prays the same directions as to sale, and for appointing a party to receive, as the order first mentioned on this subject.

In Sitwell v. Sitwell, 4 Madd. 183, the purchase money for the timber was to be secured by recognizances, and payable by certain, instalments at given periods. The pur

chaser being desirous of paying the purchase money immediately, on being allowed a discount, an order was made for that purpose, the defendants consenting.

In a purchase where timber is agreed to be valued, the custom of the country makes those trees timber which in their nature are not so, as birch, beech, &c. Duke of Chandos v. Talbot, 2 P. W. 605.

CHAPTER XXIV.

SALE OF CHAMBERS.

If the testator was possessed of chambers in one of the Inns of Court, held on the life of another person, the decree or order should order the same to be sold, and should contain the usual directions as to the sale, and as to producing deeds, and should order the money to arise from the sale to be paid into the bank, with the privity of the accountant-general, to the credit of the cause, subject to further order. The particulars and conditions of sale are settled; advertisements are inserted, and the sale is conducted in the same manner as where an estate is sold.

In settling the conditions of the sale, the steward of the Inn will furnish the vendor's solicitor with the regulations required by the society. If there are any fixtures in the chambers they should be valued, and one of the conditions of sale should be, that the fixtures should be taken at that valuation.

The sale takes place in the usual manner; the vendor's solicitor furnishes an abstract of the title, which is investigated, and the purchase completed in the same way as of a freehold estate.

CHAPTER XXV.

PURCHASE WITH TRUST PROPERTY.

If it is desirable to lay out funds standing in the name of the accountant-general, or elsewhere, belonging either to an infant, or forming part of a trust estate in the purchase of land, a contract must be entered into, subject to the approbation of the Court, between the vendors and the trustees for the purchase of such lands. The object of this contract is to bind the vendor, before any expense is incurred on the part of the trust estate.

The contract being signed, a petition should be presented to the Court, setting forth the manner in which the party is interested, the contract for the purchase, and praying that it may be referred to the Master to inquire whether it will be for the benefit of the infant that the articles of agreement in the petition mentioned, bearing date the

day of, shall be carried into effect; and if the said Master shall be of opinion that it will be for the benefit of the said infant, that the articles of agreement should be carried into effect then, that it may be referred to the Master to look into, and report upon the title