9 part, and three of the defendants, who were interested in the other shares, and were in possession of the property, became the purchasers of part of the property under conditions of sale, one of which was that the purchasers were to accept the same title which had been accepted by the vendors, the purchasers were required to pay the whole amount of their purchase money into court, and that notwithstanding there were incumbrances upon the property, and the purchasers claimed to be entitled to allowances for improvements. (Bulmer v. Allison, 15 L. J., Ch., 11). The purchaser, however, has a right to have a reference as to title previously to the payment of the purchase money; and the fact of an irregular order having been made cannot be a reason for depriving him of that right. Where, therefore, an order had been obtained, upon notice, but in the absence of the purchaser, for payment of his purchase money into court, without a previous reference as to title, the order was discharged. (Bulmer v. Alison, 8 Jur., part 1, p. 440). in the particular, and the purchaser, having paid his money into court, was let into possession, and took a conveyance, and after he got into possession he discovered that the rent was overstated in the particular, it was held that he was entitled to compensation out of his purchase money. "The question," said Sir L. Shadwell, V. C., " is, whether, there having been a misrepresentation as to the value of the property in respect of which the purchaser had a right of action, the circumstance of his having taken a conveyance has destroyed that right. Now, it appears to me that the right of the purchaser in that respect is not at all affected by that circumstance; and as the Court would not have permitted him to bring an action for damages on account of the misrepresentation, he is entitled to be recouped out of the purchase money." (Cann v. Cann, 3 Šim. 447). It may be well to remark, that on payment of purchase money into court the deduction of income tax has not been allowed, for the very obvious reason, that payment into court is not payment to the party as against whom the purchaser is entitled to deduct the tax. But the purchaser must apply for the deduction when the money is paid out of court; and of course the Court cannot be subject to the penalty mentioned in sect. 40 of the 16 & 17 Vict. c. 34, s. 2, Sched. (D.), for not allowing the deduction. The words "yearly interest" in sect. 40 of the 16 & 17 Vict. c. 34, it may be added, mean, not only interest accruing de anno in annum, but any interest at a fixed rate per cent. per annum, though accruing de die in diem. (Bebb v. Bunny, 1 Kay & J. 216; 1 Jur., N. S., part 1, p. 203). Although a purchaser under a decree may be satisfied with the title, yet he may notwithstanding, like any other purchaser, be entitled to compensation. For instance, if the estate, or any part of it, has been falsely represented, but not to such an extent as to vitiate the sale, or if before possession any deterioration has taken place in the value of the property, the purchaser under à decree or order of the Court is entitled to compensation. Compensation, too, may be claimed for the deficiency between the quantity in the particulars of sale and the actual number of acres, or in respect of the buildings on the premises sold being inaccurately described, or for deterioration since the purchase. (Smith's Ch. Prac. 380, 5th ed.) In the case of ordinary sales, if property not intended to be sold be, by the ignorance or neglect of the vendor's agent, included in a contract for sale with other property intended to be sold, a case may arise in which the Court would refuse to compel specific performance of the whole contract; and if in such case the purchaser declined to take so much as was intended to be sold, the course which the Court might adopt would probably be to abstain from interfering, leaving the purchaser to his remedy at law; but it certainly would not rescind the contract. This course, however, cannot be followed in sales under the orders of the Court; the property must be sold, and the Court must decide whether the sale is to be carried into effect, or the property resold. But it is expedient, as far as possible, to adapt the rules which regulate such cases between vendor and purchaser to the case of purchases under orders of the Court. Thus, in the case of a sale under the order of the Court, it being clear that a certain portion of property was not intended by the vendor to be included in the contract of sale, the Court, in the absence of any proof of misconduct in the purchaser or his agent, refused to compel a specific performance by the purchaser, excluding the portion in question. In that case, however, the purchaser electing to take, exclusive of the portion of the property in dispute, the Court ordered accordingly, but without compensation. (Alvanley v. Kinnaird, 1 Mac. & G. 8). So, also, if, after the purchaser of an estate sold under a decree has approved of the title, a deed be discovered which shews that the vendors cannot make a title to more than a moiety of the estate, the Court will discharge the purchaser from his purchase. (Ward v. Trathen, 14 Sim. 82). But after conveyance, as a general rule, a purchaser has no remedy in equity in respect of any defect of title, for the conveyance having been executed, the purchaser must take all the consequences, and will not be discharged from his purchase. (Thomas v. Powell, 2 Cox, 394; 1 Kay & J. 291). Where, however, an estate sold under a decree was described as of a certain annual value, and by the conditions of sale compensation was to be made for any error In sales between party and party, as has already been noticed, though a purchaser is to pay interest for a fixed time, from whatever cause delay in completion arises, yet he is only liable from the time a good title is shewn; and the same principle holds good with regard to sales by the Court. (Set. Dec. 250, 2nd ed., citing De Visme v. De Visme, 1 Mac. & G. 836). Thus, where a sale took place under a decree of the Court, and by the conditions of sale interest was payable from November, 1846, if from any cause whatever the purchase should not be then completed, and the vendors did not make out their title until March, 1849, it was held that interest was payable only for the last-mentioned period. (Robertson v. Skelton, 12 Beav. 365). So, also, upon the sale of a reversion by the Court, the rule that the time at which the purchaser takes possession has nothing to do with the question of interest on the purchase money (Bailey v. Collett, 18 Beav. 182) applies as strongly as in the case of sales between party and party. Unless otherwise stipulated by the conditions, interest will be paid by the purchaser upon his purchase money at the rate of 47. per cent. per annum. Ordinarily speaking, it is payable by the purchaser from the time fixed for completion; or if there be no stated time for completion, from the date of the filing of the chief clerk's certificate of his being the purchaser. (1 Dav. Conv. 514, 2nd ed.) The conditions of sale usually specify the time when the purchaser shall be let into possession; and when there is no stipulation, the common rule is, that a purchaser shall be let into possession from the quarter-day preceding his purchase, paying his money before the following one. (Wren v. Kirton, 8 Ves. 504). The purchaser under a decree, it should be observed, was, under the old practice, considered "as having the purchase," to use Lord Eldon's expression, from the confirmation of the report, (Twigg v. Fifield, 13 Ves. 518), but is now so held from the certificate of the chief clerk *Per Sir W. P. Wood, V. C., in Bebb v. Bunny, (1 Kay & J. 218), citing Lord Langdale's decision in Duval v. Mount, (35 Leg. Obs. 260). See also Holroyd v. Wyatt, (1 De G. & S. 125); Dawson v. Dawson, (11 Jur., part 1, p. 984); Dinning v. Henderson, (3 De G. & S. 702; 19 L. J., Ch., 273); and Humble v. Humble, (12 Beav. 43). 9 parties so refusing a trustee within the terms of the 13 & 14 Vict. c. 60, and obtain a releasing or vesting order under that act. (Sects. 29, 30; Wood v. Beetlestone, 1 Kay & J. 213; Rowley v. Adams, 14 Beav. 130). The costs of petition for such an order (and which petition is properly presented by a purchaser whose money is in court) will be borne by the vendor, and be paid out of the purchase money of the parti cular lot, and not out of the fund in court generally. (Ayles v. Cox, 17 Beav. 584). As, in the case of sales between party and party, it is usual to stipulate, by the conditions of sale of an estate sold under a decree of the Court, that the purchaser shall not require the confor any other purpose, of any person, having only an equitable or beneficial interest, bound by the decree. It is, however, very doubtful whether a purchaser can insist on mere beneficiaries, who are bound by the decree, joining in the conveyance. (Keatinge v. Keatinge, 6 Ir. Eq. Rep. 43; Webber v. Jones, Id. 142; Cole v. Sewell, 17 Sim. 40). Indeed, the late Sir J. Parker, V. C., refused to make a vesting order under the Trustee Act as to the equity of redemption in an infant, against whom, in a foreclosure suit, a decree for sale had been made, on the ground that the mortgagee had the legal estate, and that all equities were bound by the order for sale. (In re Williams, 5 De G. & S. 515). becoming absolute. If, however, in the case of a sale in which a time was appointed to take possession, the purchaser permit the time to elapse, he is entitled to the rents only from the quarter-day preceding the payment of the money into court. (Sugd. V. & P. 73, 11th ed.; Conc. View, 59). But the general rule does not apply to the purchase of a reversion under a decree; in that case the purchaser will be ordered to pay interest on his purchase money from the time of the purchase. (Trefusis v. Lord Clinton, 2 Sim. 359). Neither is it applicable to a colliery, the working of a colliery being a trade in which the profits accrue daily: in such a case the purchaser is entitled to the profits only from the commencement of the month in which he pur-currence, for the purpose of covenanting as to title, or chased, he paying his purchase money in the course of that month. (Wren v. Kirton, 8 Ves. 504; Williams v. Attenborough, Turn. & R. 73). The same principle Mr. Dart considers (Comp. 767, 3rd ed.) would prevail "where, as often happens with house property, the rents are paid at shorter intervals than a quarter; while, on the other hand, if rents are reserved half-yearly, the purchaser would seem, on principle, to be entitled to them from the commencement of the current half instead of quarter year; and this has recently been so decided." (Hughes v. Wells, Sir W. P. Wood, V. C., 1 Dav. Conv. 513, 2nd ed.) Where a reference had been directed to inquire whether an offer for the purchase of leaseholds was beneficial, and ought to be accepted, and the Master reported in favour of the purchase, it was held that the purchasers were entitled to the rents from the date of the order of reference. (Cheetham v. Sturtevant, 3 De G. & S. 463). It should also be mentioned, that where a manor was sold under a decree as part of the real estate of the testator, and anlam, 1204); if not, an order for their delivery may be order was made on the 13th March that the purchaser should on or before the 17th May pay his purchase money into court, and be let into possession of the profits from Lady-day, and several deaths and admissions had taken place after Lady-day, but the fines due thereon had not been paid or assessed until after that time, no court having been holden, Lord Thurlow decided that these fines belonged to the vendors, and not to the purchaser. (Garrick v. Lord Camden, 2 Cox, 231). And a purchaser under a decree is not entitled, merely because he has had his money lying idle in a banker's hands for some time, to be let into possession and receipt of rents during all such period. (Barker v. Harper, Coop. 32). The draft of the conveyance is prepared by the purchaser's solicitor: if, however, any difference arise, or an infant, lunatic, or married woman be interested in the property sold, the draft will be sent to the judge's chambers, and from thence to the conveyancing counsel of the court, who will settle it. (In re Bennett, 18 Jur., part 1, p. 33). In no case will the Court itself undertake to decide as to the clauses the conveyance should contain, but the draft will be referred to be settled by the conveyancing counsel. (Plumbe v. Plumbe, 2 Weekly Rep. 242, per Sir J. Stuart, V. C.) If the reference be occasioned by the parties differing, the purchaser, unless a special case is made, pays the costs of his attendances. (Hodgson v. Shaw, 11 Jur., part 1, p. 95). When the draft is settled, the Court inust be satisfied that the deed to be executed corresponds with the draft, and which may be effected by the production to the registrar in court of an ingrossment ready for execution, together with an affidavit and the Court, being satisfied, will order the ingrossed that it is a true copy of the draft so approved and settled; deed to be executed by all proper parties. (Harvey v. Brooke, 17 Jur., part 1, p. 1). Where all the parties to the cause are ordered to convey, the purchaser can enforce that order against any party who refuses; (Stilwell v. Mellersh, 10 Sim. 367; 4 My. & C. 581); or, which is the preferable course, may declare any of the After the conveyance has been executed, the purchaser, under a decree or order of the Court, is entitled to have the title deeds relating to the estate sold deli vered to him, and a direction for the delivery of them frequently forms part of the order for payment of the purchase money into court; (Dan. Ch. Prac., by Head obtained on summons. (Dart's Comp, 772, 3rd. ed.) When the property sold is in lots, the purchaser of the largest lot will have the title deeds, and not the purchaser of several lots, even although such several lots together should be larger than the largest single lot. (Kinnaird v. Christie, Dan. Ch. Prac., by Headlam, 1205; Set. Dec. 611, 2nd ed.; 21 Beav. 111). Thus, where, by the conditions of sale, the title deeds were to be delivered to the purchaser of the largest lot," and A. purchased the largest lot in value and extent, but B. purchased several lots whose aggregate value and extent exceeded those of A.'s lot, the present Master of the Rolls, following Lord Kinnaird v. Christie, held that A. was entitled to the custody of the deeds. (Scott v. Jackman, 21 Beav. 111). The conditions of sale should, however, to prevent questions, in all cases expressly provide for the custody of the deeds". 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Just ready, in 1 vol. royal 12mo., price 248. cloth, the Thirteenth Edition of citors only to apply, in the first instance, by letter, to A. C. R., 28, War- ARCHBOLD'S CRIMINAL LAW, by WELSBY. LAW AW.-COSTS in ARREAR.-A Gentleman of great practical experience, who devotes himself entirely to the making out and settling Costs, OFFERS his SERVICES to Solicitors in town or country, whose bills are in arrear, at a small per centage. Costs made out from the papers alone. Address, Lex, Mr. Cullen's, Chemist, Walworth-road. LAW.-A Solicitor of assured standing and experience, and who can give most satisfactory references, is willing (with a view to increase his connexion) to undertake AGENCY BUSINESS un terms unusually advantageous to his employers. Address, Lex, Jurist Office. LAW PARTNERSHIPS confidentially negotiated in all parts of England, by Mr. L. LAIDMAN, Law Agent, No. 100, Chancery-lane, London. No commission charged unless a partnership effected. No entrance fee. Managing Clerks, suitable for every de partment, can be had upon application. This day is published, in 1 vol. Svo., price 11. 58. cloth, A SUMMARY of the LAW relating to PLEADING and EVIDENCE in CRIMINAL CASES. With the Statutes, Precedents of Indictments, &c.; the Practice relating to them, and the Evidence necessary to support them. By JOHN JERVIS, Esq., (now Lord Chief Justice of her Majesty's Court of Common Pleas). The Thirteenth Edition. Including the Practice in Criminal Proceedings generally. By W. N. WELSBY, Esq., Barrister at Law, Recorder of Chester. H. Sweet, 3, Chancery-lane; and V. & R. Stevens & G. S. Norton, Bell-yard, Temple-bar. FOURTH EDITION OF PALEY ON SUMMARY CONVICTIONS. This day is published, in 1 vol. 8vo., price 21s. cloth boards, PALEY on the LAW and PRACTICE of SUMMARY CONVICTIONS by JUSTICES of the PEACE. Including Proceedings preliminary and subsequent to Convictions, and under the 18 & 19 Vict. c. 126, relating to Larceny, &c. With Practical Forms and Precedents of Convictions. The Fourth Edition. By H. T. J. MACNAMARA, Esq., of Lincoln's-inn, Barrister at Law. H. Sweet, 3 Chancery-lane; V. & R. Stevens & G. S. Norton, 26, Bellyard; W. Maxwell, 32, Bell-yard; Butterworths, 7, Fleet-street. Just published, in 1 thick vol. 12mo., price 17. 108., SIDNEY SMITH'S PRINCIPLES of EQUITY. Also, ARCHBOLD'S BANKRUPT LAW, by FLATHER. R Parts 9, 10, 11, and 12, completing the Work. Price 58. W. Maxwell; H. Sweet; and Stevens & Norton, Law Publishers. Just published, in 1 vol. 12mo., price 17. 18. cloth, AWLINSON'S CORPORATION ACTS. Third Edition. By W. N. WELSBY, Esq., of the Middle Temple, Barrister at Law, and Recorder of Chester. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, price, stitched, 38., in cloth, 3s. 6d., THE JOINT-STOCK COMPANIES ACT, 1856. With Remarks, Legal and Practical, and a copious Iudex. By W. G. HARRISON, Esq., B. A., Barrister at Law, of the Inner Temple, and GEO. A. 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