The Sun.
London, England, 1858-11-02 00:00:00

WEST INDIA ENCUMBERED ESTATES

COURT.

N RE THE ESTATE OF WILLIAM SAMUEL GREAT-
HEAD.-EX PARTE SOPHIA BURGESS.

A Court of Commissioners for Sale of Encum-
bered Estates in the West Indies was held yester•
day at 8, Park-street, Westminster. There was a
numerous attendance.

This was the first sale under the commission, and
the Chief Commissioner (H. J. Stonor, in
opening the proceedings made the following obser-
vations :
" As this is the first sale by auction in this court,
1 think that it will be of advantage if, before the
sale takes place, I make a few ebservations as to
the title which this court is authorised to give to
the purchaser, the mode of sale, the form of the
conveyance, the terms for the payment of the pur-
chase money, and the means of obtaining possession
of the property ; after which Mr. Leifchild (whom
we have employed to act as auctioneer) will read
the particulars of sale, stating the nature of the
property, and will receive the biddings which will
be made for it.-1. And first, as to the title which
this court is authorised to give. I have to refer
you to the Act 21 and 22 Vic., c. 96, passed this year
for the amendment of the original Act of 17 and 18
Vic. for the regulation of this_commission, and from
the passing of which Amendment Act must be
dated the real operation of this commission.
The 10th section of the 21st and 22d Vic. enacts
Every conveyance executed by the commisioners in
pursuance of these acts shall be 'effectual to pass
the fee simple, and inheritance, and absolute in-
terest of and in the land thereby expressed to be
conveyed, or such lesser estate or interest as may
in such conveyance be specified, subject to such
right and uncommitted payments, if any, as are re-
ferred to in the 36th section of the principal Act
(namely, crown rents, tithes, and similar payments),
and to such tenancies, leases, underleases, mourn:
brances, and interests, as shall be expressed or
(there
are to in the said conveyance as aforesaid
are none in the present case), but save
as
s aforesaid
discharged from all former and other estates,
rights, titles, charges, and incumbrances whatso-
ever of her Majesty, her heirs and,. successors, and
of all other persons whomsoever and no convey-
ance by the commissioners shall
jurisdiction over the
subject-matter thereof.'
be set aside on
the ground of their not
having This section is quite
clear in its language, and It i
s unnecessary for me
to add any comment.
Upon it is based the pur-
chaser's title, and, together with the conveyance
from the commissioners, it forms the whole of his
title, and saves him and all future purchasers any
trouble, expense, or care as to the earlier title, or
the evidence required for its support, 2. In the
next place, as to the mode of sale and conveyance,
the estate will be offered by the auctioneer at an
upset price, and the biddings received at a certain
rate varying in each case. In the present case the
upset price will be £5,000, and no purchaser will
offer less than £5O advanced price at each bidding
but probably at first
purchasers will make la' ger
advances to save time. The commissioner', have
the power to buy in the estate, or, to spe_ak more
accurately, to refuse all the biddings, and post-
pone the sale to a fixed day or other „wise. This
power, however, will be exercised
ordinary cases, the highest bidder sparingly ;in
will be declared
the purchaser, Immediately oI.P a bidding, being
so received, an order will. b.
made declaring the
person offering it to be the 'purchaser, and direct-
ing the payment of tlif, purchase money into
the Bank of ..E.nglalia generally, as in the
present case, one quarter as a deposit within 14
days, and the balance within three months,
and authority w ill be given to the bank to re-
ceive the same. On the payment of the purchase
money the eoirre yance will be executed under the
seal of the court? to be prepared at the expense of