dings should leave it with the clerk of the accountantgeneral, who prepares a direction for him to pay the amount of the deposit into Court. This direction is taken to the Bank, and the money paid into Court in the usual manner. The purchaser's costs, charges, and expenses, are then taxed. In Farlow v. Weildon, 4 Madd. 460, the reporter, in a note, says, I am informed that a first purchaser has been allowed the costs of an agent who travelled a considerable distance for the purpose of bidding for his principal. It is quite reasonable that it should be so, for if a party is willing to pay the expense of an agent out of his own pocket, it is not unfair to expect that the person taking away his bargain should bear that expense. In the taxation of these costs it is usual to allow the purchaser all costs, charges, and expenses, which he has fairly and properly incurred, and which could be recovered against him by his own solicitor, so that he may be completely indemnified against every expense properly paid by him relative to the purchase. These costs, when taxed, are paid to the purchaser by the person opening the biddings.

If the deposit is not made within the time limited by the order, or the costs remain unpaid, it is presumed that the first purchaser may claim the benefit of his purchase, and confirm his report absolutely; and that if unwilling to do so, that the parties in the cause may compel him to complete it in the same manner as if the biddings had not been attempted to be opened.

The deposit being made, and the costs paid, the party having the conduct of the cause proceeds to resell the lot or lots, the biddings of which have been opened. If at the resale the party opening the biddings is the purchaser, or if not, the person who is reported the highest bidder, makes the deposit of 107. per cent. within the time

limited by the order, and completes the purchase in the usual manner. If he neglects to make this deposit, the party having the conduct of the sale must apply for the accountant-general's certificate, and produce the same to the Master, as his authority to proceed to a second resale.

A deposit made on opening the biddings having been laid out in the public funds, the deposit is considered as part of the purchase money, and not as a pledge, and the purchaser is not affected either by the rise or fall of the funds, but is not entitled to the dividends accruing between the time of the deposit and the completion of the purchase, but only to interest on the deposit at 4 per cent. Doyley v. Countess of Powis, 2 Bro. C. C. 32.

If the person opening the biddings is outbid at the resale, he is discharged from his purchase, and is entitled to his deposit. Williams v. Attenborough, T. & R. 70. To obtain this deposit he must serve a notice of motion on the clerk in court of the parties, and is at the expense of his own appearance, and of getting the money out. If the parties will, and can consent, the deposit may be obtained out of Court on a common petition, the clerks in court of the parties consenting to the same.

The person opening the biddings for his own benefit is not entitled to his costs, though not himself the purchaser, and although by his opening the biddings he has occasioned a resale at a considerable advance, Rigby v. M'Namara, 6 Ves. 466; Earl Macclesfield v. Blake, 8 Ves. 214; Trefusis v. Clinton, 1 V. & B. 361; but where a person opens the biddings for the benefit of all parties concerned, and not for his own advantage, he will be allowed his costs. Owen v. Foulks, 9 Ves. 348. This distinction was followed at the Rolls, in West v. Vincent, 12 Ves. 6, where a person opening the biddings for the family, not becoming the purchaser, was allowed his expenses as well as his deposit.

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CHAPTER XXVII.

LEASES GRANTED UNDER THE SANCTION OF THE MASTER.

IN the First Volume, in treating on the subject of a receiver, I have shown the manner in which leases by parol or from year to year, are granted, and also the power possessed by the Master of receiving proposals for granting leases for terms of years under the 64 N. O. I now proceed to consider the manner of procuring those leases to be granted which are not authorised by the 64 N. O.

The Masters acting under the 64 N. O. are not empowered to receive proposals either for a building lease or for a lease of mines. If it is deemed beneficial to an estate that such leases should be granted, an order must be obtained to refer it to the Master to inquire as to the propriety of such a measure. If the will or settlement under which the property is held contains a clause empowering either the trustees, or any other person therein named, to grant leases for ninety-nine or sixty years for the purpose of building, or for the purpose of opening mines, the Court has jurisdiction to order such leases to be made; but if the will or settlement does not contain any such clause, an Act of Parliament is necessary to authorise the

same.

If the will or settlement, or an Act of Parliament ob

tained for the purpose, authorised certain parties to grant building leases, or to demise for the purpose of opening mines, an agreement should be first entered into with the proposed lessee, subject to the approbation of the Court. Upon the execution of this agreement, a petition should be presented to the Court, stating shortly the title to the property, the power of demising, the agreement to let, and praying that it may be referred to the Master, to whom this cause stands referred, to inquire and certify to this honourable Court whether the said proposal by the said

is fair and reasonable, and beneficial to the said --; and if the said Master shall be of opinion that the same is fair and reasonable, and beneficial to the said, then that he may settle a lease of the said piece or parcel of land, together with such covenants, for the benefit of the said, as the nature of the case may require. This petition should be supported by the affidavit of a competent party, that the proposed lease is fair, and for the benefit of the estate.

The order is drawn up in the terms of the prayer. A state of facts and proposal is then carried into the Master's office, containing a statement similar to that in the petition, and supported by the affidavit used before the Court. If the Master is of opinion that the lease is beneficial, and the covenants proper, a draft lease is prepared, and a copy of it left in the Master's office, and settled before him on warrants taken out for the purpose; a copy of the lease is then sent to the lessee, who peruses it in the same manner as if not settled by the Master. The Master's clerk then procures the lease to be engrossed, warrants are taken out to examine the engrossment with the draft, and the Master signs his report in the first and last skins of the engrossment of the lease, and his allocatur in the last skin, in the following form: "A. v. B.—I approve of and allow the indenture, being the same mentioned in my report, dated;"

and on the counterpart, his allocatur is as follows: "This is a counterpart of the indenture of lease mentioned in my report, bearing date, &c., to have been allowed by me." The Master makes his report, which is transcribed, signed, and filed in the usual manner. The lease is then executed. The report does not require to be confirmed by orders nisi and absolute, but a petition is presented, praying that the said Master's report may be confirmed, and that the agreement therein mentioned may be carried into execution, and that it may be referred to the Master to whom these causes stand referred, to tax the costs of all parties, of the application of, (the first petition,) and consequent thereon, and of this application; and the costs of the contract or agreement entered into with the said by the said for a lease of the said piece or parcel of land, as between solicitor and client; and that the said Master may deduct from the amount of such costs, when taxed, what your petitioners shall have received, or be entitled to receive, from the said

(lessee), on account of costs usually borne and paid by a lessee. Then follows a prayer for the payment of the costs. The order is drawn up in the terms of the prayer.

The expense of applying to the Court, and the extra costs incurred in the Master's office beyond those usually payable by a lessee, are borne by the estate. The costs usually paid by the lessee are for preparing the agreement, and for the lease and counterpart.

In some instances, although the orders are substantially the same as the above, they are differently divided, the first order only referring it to the Master to inquire as to the propriety of the agreement; and upon his report upon that single point the second order directs him to settle the lease and tax the costs.

If it is necessary to apply for an Act of Parliament to grant building leases, or leases of mines, and it is antici