dor will in general get his costs of the suit; but if the title was not shown till the parties were in the Master's office, the purchaser will in general receive his costs from the vendor.

In those suits in which assets are to be administered under the decree of the Court, the decree directs that the estate (if it be that of an intestate) be applied in payment of the intestate's debts, and funeral expenses, in a course of administration. Where there is a will by which legacies or annuities have been given, they are also by the decree directed to be satisfied or provided for, in case there be sufficient funds after satisfying the creditors. The Master is, by the decree, directed to insert advertisements in the London Gazette, and such other papers as he may think proper, for the creditors to come in and prove their debts. In proceeding upon this decree, the advertisements are prepared in the Master's office, and delivered out to the plaintiff's solicitor, who gets them inserted in the London Gazette and such other papers as the Master may have approved; and as the proofs of debts, &c. are brought into the Master's office, it is the duty of the solicitor, or agent, to investigate them, and satisfy himself of their correctness.

Where a creditor, or incumbrancer, in pursuance of an advertisement, means to bring in a proof of debt, his solicitor must first write to his agent to ascertain the correct title of the cause, unless there be other means of ascertaining it. An affidavit of the debt (a) must then be prepared and sworn to by the creditor, which, together with the account, if the debt arise upon an account, and any security (such as a deed, bond, bill, or note) which the creditor may have, must be sent by his solicitor to his agent in London, at the same time informing him (if he be not before aware of it) in what Master's office the

(a) See forms of such Affidavit in Appendix, sect. 21.

suit is, which the advertisement always shows. If the debt be proved by an executor or administrator, the probate, or letters of administration, must also be Ts of sent to the agent. receipt these, the agent will prepare and carry in a charge, claiming that his client be admitted a creditor for the amount sworn to. The affidavit of debt is left at the same time as the charge, and the agents for all parties in the cause have notice of these documents being left, by means of a warrant. They, or such of them as are entitled to attend, then obtain copies of them, and usually send them to their clients in the country, who, if the e claim be considered improper, send any affidavits they may consider necessary to oppose it, or otherwise instruct their agents to oppose the claim on any particular grounds which may exist, for instance, the Statute of Limitations. The creditor's solicitor must take out a warrant to proceed on his state of facts, which is attended; if there be no opposition to the claim, it is allowed as a matter of course, and will be so reported in the general report; if the claim be opposed, the Master considers the evidence and arguments on each side, and decides according to his judgment upon it.

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De La A creditor who establishes his debt is entitled to the costs of doing so; they are added to the debt, and if there be any surplus, after paying the debts, and interest on debts carrying interest, and the costs of the suit, creditors whose debts did not carry interest are allowed interest at four per cent. from the date of the decree out of the surplus.

Decree or Order for Sale-Proceedings upon it-General Advertisement-Particulars of Sale-As to Selling in LotsConditions of Sale Sale in London-in the CountryAuctioneer-Reserved biddings-Peremptory Advertisement Method of conducting the Sale-Auctioneer's Affidavit as Biddings—Report of Purchase-Proceedings by Purchaser Confirmation of Purchase-Investigation of Title-Reference to Master on Title-Motion by Purchaser to be discharged from Purchase, &c.-Purchaser's Costs-In what Case the Court will not compel Purchaser to accept TitleCompensation to Purchaser for Defect of Title, &c.Proceedings where Title accepted or reported good-Motion to pay in Purchase-money and be let into Possession-Con. veyance Proceedings to compel Purchaser to pay purchasemoney into Court Opening the Biddings-Proceedings on and Consequences of doing so—) -Re-sale-Substituted Purchaser-Proceedings to obtain and on a Sale of Timber-Of old Materials.'

1

WHERE landed property is partially or entirely the subject-matter of a suit in equity, it frequently becomes necessary that it, or a portion of it, should be sold for various purposes (such as the payment of debts, legacies, or costs, or as a convenient mode of making a division of the property amongst the parties entitled to it), and where that happens the sale generally takes place under a decree or order of the Court, which directs that the estate be sold, with the approbation of the Master to whom the cause is referred, to the best purchaser or purchasers that can be got for the same, to be allowed of by the Master, wherein all proper parties are to join, as the Master shall direct; and in order to such sale, deeds, and writings, in the custody or power of any of the parties, are ordered to be produced before the Master, upon oath, as he shall direct.

A decree for a sale before the Master is generally anticipated by the parties; and where they are desirous that there should be reserved biddings, counsel should be instructed to ask on the hearing, that the decree may contain a direction that the Master may be at liberty to fix reserved biddings on the lots; or if either of the parties to the suit feels desirous to be at liberty to bid and become a purchaser, his counsel should, in like manner, be instructed to apply that the decree may contain a direction to that effect; but where that is the case, no party who has such liberty reserved to him, can have the conduct of the sale. If the decree have been drawn up without a power to have reserved biddings, or that parties may be, at liberty to bid, either of these objects may, in proper cases, be obtained by applying to the Court subsequently for an order to that effect, by motion or petition; but notice of such application must be given to the other parties.

The decree having been completed, the agent of the plaintiff, or of the party who has the carriage of the decree, and consequently the conduct of the sale, carries in before the Master a copy of it, and a warrant to consider the decree is taken out and attended, which is sometimes a formal proceeding; but sometimes a course of proceeding under the decree, is decided upon such attendance. The next step is to furnish the Master with information of the name of the inn or place where, and the month when, or about when, it is intended that the sale shall take place, together with a description of the nature of the property, its situation, and in whose occupation it is, and also the names of the solicitors and other persons to whom application may be made for particulars; the Master's clerk then prepares and delivers to the agent the first advertisement, which is a general one, merely giving information that such an estate will be sold in or about some particular month specified in it, and it is inserted by the agent in the London Gazette, and two or more London newspapers,

and also such country newspapers as may be thought advisable. Either before or after the general advertisement appears, the day of sale is fixed, and the solicitor prepares the draft of the particulars and conditions of sale; those, in addition to the usual statements as to the property, state that the sale is to take place under a decree of the Court of Chancery, and that no auction duty is payable; the particulars are usually put into proper form by the agent, on being furnished by the country solicitor with the materials, who, in proper cases, will have employed a surveyor, or other competent person, to set out the estate in proper lots, so as to render it likely the utmost value will be obtained for it; but it should be observed, that the greater the number of lots, the more expensive will be the various proceedings which must afterwards take place in completing the sales; and, therefore, before the Master will allow the sale to take place in numerous lots, he will require to be satisfied by the affidavit of the surveyor, or some other competent person, that by that means the property is likely to produce more on the sale, and to be more advantageous to the parties, than if it were offered for sale in fewer lots.

The conditions of sale are very important; and where it is apprehended there may be any difficulty in making out a marketable title to the property, it may be prudent to lay an abstract of the title (which, previous to the sale, should be made as complete as possible) before a conveyancer, for him to draw the conditions of sale, so as to guard, as far as possible, against any difficulty in completing the purchase on that account. Where there are to be reserved biddings, that fact must appear by the conditions of sale. The necessity for being accurate in the particulars and conditions will be obvious, when it is remembered that any contradiction or explanation of them verbally given by the auctioneer,, at the time of sale, cannot bind the purchaser in any way, for it would not be admissible in evidence. It should always be stated in the con