( לל ) mischief, we have proposed two alterations. In this section, 277 of the present draft, we say that the best practicable description shall be given of the property to be sold. And in section 293, corresponding with section 258 of the Code, we say that the purchaser may recover his purchase-money if the property put up for sale is that of a stranger and he is ousted from it. We shall be glad to know of those who are familiar with the subject, whether the fact really is that property is apt to be sold at an undervalue in execution sales, and, if so, to what cause they impute it, what they think of the alterations now proposed, and whether any remedy has occurred to them by which more security can be given to purchasers with the view of obtaining better prices for land. In section 283, as to the confirmation of an execution sale, for ‘absolute,’ we have substituted ‘absolutely binding on the vendor.” Section 287.—Where the purchaser fails to make the requisite deposit, or to pay the balance of the purchase-money, we have provided that the deficiency of price (if any) on the re-sale, and the expenses of such re-sale, shall be certified to the Court, and shall, at the instance of either the judgment-creditor or the judgment-debtor, be recoverable from the defaulter under the rules for the execution of money decrees. Section 288.-We have here provided (in accordance with the practice of the Court of Chancery) that the decree-holder shall not, except with the express permission of the Court, purchase the property sold in execution of his decree. Sections 290, 291.-In case of irregular sales of moveables, we have provided that the person injured thereby may not only sue the person injuring him, but may also sue for the recovery of the specific property and for compensation in default of recovery. And in case of such sales of immoveable property, we have declared that the purchaser may apply to the Court to set aside the sale on the ground that the person whose interest in the property purported to be sold had no such interest (see 5 Bomb. O. C. J. 88). Section 294.—We have re-drawn this section, so as to make it clear that a certificate of sale of land is, for the purpose of the stamp law, to be regarded as a conveyance. Section 305.-We have here made some additions to the law as to payment out of assets in execution of a decree. We have declared that out of such assets, whether realized by sale or otherwise, the decree-holder on whose application the property was first attached is entitled to be first paid, provided that the attachment was in execution of a money decree then capable of being completely executed (21 Suth. 66). We have expressly saved the rights of the Crown, and we have declared that if any of such assets be paid to a person not entitled to receive them, the rightful owner may compel a resund (9 Suth. 514). Where the judgment-debtor is declared an insolvent, the provisions as to priority contained in this and the following section will be overridden by the rules as to distribution prescribed by section 325. Section 307.--When the Court finds, upon the application of the holder of a decree, that any other decree under which property has been attached was improperly obtained, we have in addition to the powers given by section 432 of the Bill of 1865 ( = section 272 of Act VIII), authorised the Court to stay the proceedings and refer the parties to a regular suit. As to discharge from imprisonment under a decree, we have provided that a defendant once discharged shall not be re-arrested under that decree. The most important alterations in this part of the Bill will be found in sections 314 to 828, corresponding with sections 433 to 436 and 444 to 450 of the Bill of 1865, and sections 273, g30, 281 of Aot VIII, and section 8 of Act. XX1I1 of 1861. They provide an insolvent law for persons arrested or imprisoned in execution of money decrees. The chief changes which we have made are these: (a) the Court (i.e., the District Court or such other Court as the Local Government may invest with the powers of a District Court under these sections) may cause a copy of the would-be insolvent's application to be served, not merely on the decreeholder, but also on any other of his creditors; (b) the Court may also grant leave to any of the creditors to bring forward evidence to show that the applicant is not entitled to be declared
