purchaser beyond the legal remedy, would be a bill for specific performance.

91. In purchases under the directions of a Court of equity, the purchaser must, at his own expence, procure a report from the master of his being the best bidder, and get such report confirmed; the practice on such report and confirmation will be found in Sugden's V. & P., c. 2, s. 1, and the Books on Practice in Equity.

92. The purchaser should not obtain the report till satisfied of the title, (See Sugden V. & P.)

93. He may also obtain an order to pay his purchase money into Court, and be let into possession (Sugden V. & P., c. 2, s. 11); and also if an incumbrance exists, he may, after notice, apply to the Court for leave to pay off incumbrances, and to pay residue into Court, but this can only be done when the parties consent.

94. Till the purchaser is satisfied with the title, he will take care not to obtain possession, except with a stipulation that such act shall not be deemed an acceptance of the title.

95. This observation does not however apply to cases where at the beginning of the contract, and before the title is at all enquired into, possession is given.

96. Should the vendor refuse to comply with the requisitions. and yet require completion of the purchase, he will either proceed at law, or more generally in equity, for specific performance; and if the sale be under the Court, by motion for payment of purchase money, after obtaining and confirming master's report of purchase; in either case the purchaser should obtain a reference as to the title-(see Sug. V. & P., c. 4, s. 3; and the different works on Chancery practice).

97. Even after confirmation of report in favour of title, if a new fact appears, by which the title is affected, the title will be referred back to the master; Jeudwine v. Allcock, 1 Mad. 597; and where it ap

pears that the vendor's solicitor was previously acquainted with such defects, the case of Dalby v. Pullen, 1 Russ. & Mylne 296, will be found to strongly confirm this position.

98. Should the contract be rescinded on a sale under a Court of equity by the biddings being opened (see Sug. V. & P.); and the purchaser have paid his money into Court, he would be entitled to receive it with his costs; but should it at his application have been laid out in the funds, he would have the stock, whether of less or greater value.

99. When either party fails to perform the contract, the other, if he means to rescind the contract, should give a clear notice of his intention. Armiger v. Clark, Bunb. 111; Whitby v. Cottle, 1 Sim. & Stu. 174.

Drawing Conveyance.

100. The next step will be to prepare the draft conveyance. which being at the purchaser's expence, will be prepared by his solicitor.

101. Warrants to enter satisfaction on conditional surrenders, deeds of covenant for production, or such other documents as are to be paid for by the vendor, will be prepared by his solicitor.

102. In common cases the most usual conveyance will be a surrender, (forms for which will be found in Appendix, Nos. 276 to 295); with a deed of covenant or bond for title, (also in Appendix, Nos. 296 & 297,) and the following points may be useful in preparing copyhold conveyances.

103. As a general practice, make the wife of the vendor a party to the surrender; for although she would in most manors be only entitled to freebench of the property remaining in her husband at his death, yet her joining, will prevent a captious objection by a future purchaser, and the present purchaser incurs no expence; the only additional fee of 6s. 8d. in consequence of her joining, being payable by the vendor.

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104. Where a new description of the property would be advisable, insert such description, as well as the old one, in the surrender, taking care to give the new as the actual description, and the old as the description of reference; for the reason stated in 1 Preston on Abstracts, 85.

105. In preparing the deed of covenant or bond, little difficulty can be experienced, as similar rules will apply relative to the covenants as would be adopted on a sale of freehold. The usual forms will be found in the Appendix.

106. Any surrenders and releases from interested parties, are usually prepared by the vendor's solicitor, who will also prepare the deed of covenant for production when his client has to bear the expence; and when the purchaser has to bear the expence, the releases may be drawn from precedents 298 to 300, and with which forms the purchaser can compare the drafts sent by the vendor. The deed of covenant will be as in freehold cases.

In purchases of Executors

107. It will be prudent to recite the will fully, and to state the court where, and the time when it was proved, as a mode of facilitating any future references to the will. Of course, the executors can only be compelled to enter into the same covenant as in freehold sales, being that against their own incum

brances.

108. Where legatees would be the parties to a freehold conveyance, it might be prudent to make them directing parties to the bargain and sale, or to see that they sign the proper legacy discharges; and the case of Johnson v. Kennett, 6 Sim. 384, deciding that a purchaser was bound to see to application of money in payment of legacies, when debts and legacies charged and debts paid, would induce the exercise of that percaution, whenever the usual receipt clause is omitted. A surrender and release from the heir after admission of the purchaser, would in some cases

be prudent, and to obtain which, a power of attorney from him to an indifferent party to surrender and release might be advisable.

109. It should be borne in mind in preparing these conveyances, that if there be words of devise in the will, the executors must be admitted and surrender; and if the words of the power are defective, the heir must be admitted and surrender, in addition to the conveyance by the executors; or at least a surrender and release should be obtained from the heir after admission of purchaser. Forms will be found, No. 301 and 298, &c.

Under a Bankruptcy.

110. Previously to the Bankrupt Act of 6 Geo. 4, the conveyance of copyhold property under a bankruptcy was simply by bargain and sale from the commissioners, making the assignees parties, acknowledging payment, and releasing: but since 6 G. 4, the conveyance is by bargain and sale from the commissioners, making the assignees parties; and in such bargain and sale is contained an authority to some party (very frequently the bankrupt, and sometimes the purchaser's solicitor) to surrender to the purchaser; and under such bargain and sale and surrender, the purchaser is admitted. The forms of bargain and sale, exhibit, affidavit of execution, and surrender, will be found in the Appendix 302 to 305, and 288.

111. The rules as to enrolment of proceedings, and bargain and sale, will be found in the Bankrupt Act, 6 G. 4, and the different works on Bankruptcy Practice. In the Appendix, No. 305, will be found the opinion of an eminent conveyancer as to the mode of conveyance where the property was mortgaged by bankrupt for more than the value, and one of the assignees was dead, and also one of the commissioners. This will assist in drawing most of the more complicated conveyances under a bankruptcy.

Under an Insolvency.

112. Where the owner has taken the benefit of the Insolvent Act, the following will, under the Insolvent Debtors' Act, 7 G. 4, c. 57, s. 20, be the mode of conveyance. The assignment by the provisional assignee to the assignee or assignees, shall be entered on the court rolls of the manor, and thereupon the assignee may surrender to the purchaser. See also sec. 245; and surrender, 290.

Of Property mortgaged.

113. The conveyance will be by a surrender from vendor and a warrant to enter satisfaction on the mortgage.

114. This warrant will be prepared by the vendor's solicitor, and sent to the purchaser's solicitor for approval. Forms will be found in Appendix, No. 306, &c.; or should it be intended to let the mortgage remain, notice should be given to mortgagee of the conveyance.

115. If the property is in mortgage and sold under an executorship, the mortgagee will be made a party to the bargain and sale, acknowledging receipt; and a warrant to enter satisfaction will also be obtained, as in common cases, for the purpose of entry on the court rolls.

116. In cases of bankruptcy the like practice will take place. See Appendix, No. 302, &c.; and when mortgaged for more than value, see sec. 111, and 305.

Of Equitable Interests.

117. Forms of conveyance will be found in Appendix (Surrenders and Releases), and it will be borne in mind that though the legal estate in copyholds cannot be conveyed except by the customary modes of assurance, equitable interests may be bound by deeds or contracts:-1 Preston on Abstracts, 203, &c., and see Scriven and Coventry on Copyholds.