decessors in title, add a covenant for their production, as ante, PURCHASES. No. XXXI. p. 34, 106, or otherwise as directed, Vol. I. No. XVI. p. 183, in notes, and p. 196.

For various covenants, provisoes, clauses, &c. to be inserted when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI. p. 188, et seq.

Trustees for Sale, Mortgagee, and Annuitant,

Provisoes, &c.

As to the stamp to be impressed, see Vol. I. INTRO- Stamp. DUCTION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86.

As to the execution, attestation, receipt for consideration Execution, &c. money, &c. &c. see Vol. I. No. XV. p. 158, n. (82); No. XVI.

p. 184, n. (28), et seq.; and see also INTRODUCTION, Vol. I. p. xliv. and lxxxiv. et seq., also 4 Elem. Conv. 2d edit. p. 88, et seq.

PURCHASES.

Assignees of
Bankrupt.

No. XLV.

Conveyance by Assignees of a Bankrupt to a Purchaser (1).

Variations where the Bankrupt took the Estate to Uses
to bar Dower.

Where the Wife of the Bankrupt is entitled to Dower.
Also where the Conveyance to the Purchaser is to
Uses to bar Dower, &c. &c. as in margin below.

THIS INDENTURE of three parts, made the
day of
year of the reign, &c.

in the

Life.

Reversion, &c.
Equity of re-

demption.

Moiety, &c.

Solicitor, &c. cannot purchase.

(1) If the bankrupt be tenant for life only, see Vol. I. No. XXIII.

If he be entitled in remainder or reversion, see ib. No. XXIV. If the conveyance be of an equity of redemption only, see ib. No. XXV.

If of a moiety or other undivided part, see ib. No. XXVI. It may here be noticed, that the bankrupt's solicitor, or any assignee under the commission, cannot become the purchaser of the bankrupt's estate, either personally or through an agent, see Ex parte Bennet, 10 Ves. jun. 381, 396. Randall v. Errington, ib. 423. and see Sugd. Vend. and Pur. 434. Neither can a commissioner, though he may not have acted, unless with the consent of the creditors at a general meeting. Ex parte Harrison, 1 Buck, 17. If, therefore, an assignee be desirous of purchasing, he must first obtain the consent of the creditors, and then petition the Chancellor, and serve the other assignees, and also the bankrupt with the petition. Ex parte Bage, 4 Madd. 459.

and in the year of our Lord

(the assignees) of, &c.

BETWEEN PURCHASES.

Assignees of
Bankrupt.

assignees of the estate and effects of (the bankrupt) of, &c. a bankrupt, of the first part, the said (bankrupt)(1)

Bankrupt not a

necessary party.

(1) As the whole of the bankrupt's interest in the estate is vested in the assignees by the statutes of bankrupts, and the bargain and sale from the commissioners, Banfield v. Solomon, 9 Ves. 77; and as the court never supersedes a commission where there have been purchasers under it without confirming such purchases, Ex parte Edwards, 10 Ves. 104, Ex parte Rawson, 18, ib. 164.; the bankrupt is not, prima fucie, a necessary party to the conveyance to the purchaser; but as a precaution against any defect in the prior proceedings, and to facilitate a satisfactory deduction of title on a future sale, and also for releasing his right to the surplus, if any, of the money arising from the sale, he is reasonably required to join in the conveyance, and also to enter into the usual covenants for the title, &c. and vide Sugd. Vend. and Pur. 333.; he is not, however, it is apprehended, compellable to do so, and see Duchess of Rutland v. Wakeman, 8 Brow. Par. Ca. 145. 3. Ves. 203, 504. Ex parte Crowder, 2 Rose, 327. The better way, however, perhaps is to procure the bankrupt to join in the bargain and sale to the assignees. Although the bankrupt be tenant in tail only of the estate, no Bankrupt tenant recovery will be necessary, as the intail will be barred by the bargain and sale of the commissioners, in like manner as if by a recovery suffered by the bankrupt, see 21 Jac. I. c. 19. s. 12. and see post, p. 29.

As the assignment by the commissioners of bankrupts to the assignees will not affect the wife's title to dower; Smith v. Smith, 5 Ves. jun. 189; Lyster v. Lyster, 1 ib. 435; Thornton, v. Dixon, 3 Brow. 199; it is equally necessary that she should be a party, or join in the conveyance by the assignees, as in other cases, in order to make a clear title to a purchase.

in tail.

If therefore the bankrupt be married, and his wife entitled to Wife of bankdower, make her a party with her husband, as ante, No. XXXI. rupt dowable. p. 1.

If the bankrupt took the estate with limitations to a trustee to Bankrupt's bar dower, make such trustee a party, and see ante, No. XXXIV. trustee.

PURCHASES.

Assignees of
Bankrupt.

of the second part, and (the purchaser) of, &c. (a purchaser of the hereditaments hereinafter described) (1) of the third part. WHEREAS a commission of bankrupt, under the great seal of bankruptcy, &c. the United Kingdom of Great Britain and Ireland, bearing date at Westminster, on the

Recital of commission of

day of now last past, [or in the year of our Lord ] was awarded and issued against the said (bankrupt) and he was thereupon duly found and declared a bankrupt; and the said (assignees) were on or about the day of named and Recital of bar chosen assignees of his estate and effects. [AND commissioners. WHEREAS, &c. (2)]. AND WHEREAS by an indenture of bargain and sale inrolled in his Majesty's High Court of Chancery, bearing date the

gain and sale by

day of

now last past, the major part of the commissioners in the said commission named, bargained, sold, and conveyed all and singular the

Wife of purchaser.

Part, personal, and provisional assignment.

(1) If the purchaser be married, and his wife dowable, make a trustee party, as,

"Being a trustee named and appointed by and on behalf of the said (purchaser) for the purposes hereinafter mentioned, of the part."

(2) If any part of the premises be of a personal nature (as valuable furniture or machinery adapted to the house or premises) and there was a provisional assignment made by the commissioners, recite it here, which may be as follows:

"AND WHEREAS by an indenture bearing date the day of last past, and made or expressed to be made between the said (commissioners) of the one part, and the

Assignees of
Bankrupt.

auction.

real estates of the said bankrupt unto and to the PURCHASES. use of the said (assignees) and their heirs, IN TRUST for themselves, and such other creditors of the said (bankrupt) as should thereafter seek relief under the said commission. AND WHEREAS the said Sale by public (assignees) in pursuance of the powers so vested in them in that behalf, as aforesaid, caused the messuages, lands, and hereditaments, hereinafter described (part of the real estates of the said (bankrupt)) to be put up to sale by public auc

said (provisional assignee) of the other part, the said commissioners bargained, sold, and assigned unto the said (provisional assignee) all and singular the several estates and effects of the said (bankrupt) for preserving and securing the same for the use and benefit of the creditors of the said (bankrupt) who had sought or might thereafter seek relief under the said commission, according to the statutes made in that behalf; AND by an indenture bearing date the

day of then next following, the said (provisional assignee) in pursuance of a covenant contained in the said lastly recited indenture for that purpose, bargained, sold, assigned, and transferred unto the said (general assignees) their executors, administrators, and assigns, ALL and singular the goods, wares, and merchandize, and personal estate and effects whatsoever of the said (bankrupt) comprised in the said indenture of the

day of

nees, in trust

TO HOLD and take the same unto the said (general assignees) To hold to the their executors, administrators, and assigns; UPON TRUST general assig nevertheless to and for the benefit and advantage of all and for creditors. every the creditors of the said (bankrupt) who had sought or might thereafter seek relief under the said commission, according to the conditions and directions of or by the several statutes in that behalf made and provided."