after his bidding, but describes his profession, and place of abode. If a party buys as agent, he signs A. B. agent for C. D. of —, Esq.

If, instead of the Master's clerk selling, a person appointed by the Master puts up the property to sale, he takes *down the biddings in the manner described, and [ *183 ] makes an affidavit of their accuracy. This affidavit is prepared by the Master's clerk and is substantially in the following form. It states that the deponent proceeded to sell the said estates in the several lots, according to the printed particulars and conditions of sale thereof, settled and allowed by the Master, and specifies where and when the premises were sold, and the deponent annexes a full and true account of all and every sum and sums of money which was or were bid for the lots respectively, and also the names of all and every person and persons who attended at the said sale, and bid for the said lots respectively. And he swears that the respective sums lastly set down as being the highest bidding for the said lots respectively, were the highest and largest sums that were offered or bid for the same respectively at the said sale; and that the names of the several persons subscribed to such highest biddings, and appearing to be the highest bidders for the said lots respectively, are of the respective proper handswriting of such persons respectively who so signed the same in the presence of this deponent; and that the whole of the said sale was conducted by him in a fair, open, and candid manner, and for the utmost advantage of the persons interested therein, and according to the best of this deponent's skill and judgment.

The printed particulars and conditions of sale, and the biddings as taken at the sale, are annexed to the affidavit ; the first may be marked A. and the other B., and on each of them is respectively written, " A. and others v. B. and others. This is the paper writing referred to by the affidavit of J. S. hereto annexed, sworn this day of

before me This affidavit is sworn and returned, together with the biddings, to the Master's office. In sales of estates pursuant to a decree, it is not usual *for the purchaser to make any deposit,(1) but [ *184 ]

(1) Sir E. Sugden says, "the payment of a deposit, and the investment of it in the funds, are governed by the same rules as are adhered to where the contract is between party and party." V. & P. vol. i, 57. A deposit is not usually made on sale of estates under a decree.

the conditions provide that he shall pay in his purchasemoney, within a time there mentioned. From these biddings, whether taken by the Master's clerk, or by a person appointed to sell, the Master is enabled to prepare his reports of the different purchasers.

If any of the lots remain unsold, the Master is at liberty to resell the same at a future time, without farther order. (See "Resale.") Or, if it is probable that the unsold lots can be sold by private contract, an order may be obtained for that purpose. (See "Sale by Private Contract.")

THE MASTER'S REPORT ALLOWING THE Purchaser.

The highest bidder of each lot applies to the Master under whose direction the estate was sold, for his report that he is the purchaser of the lot in question, which he obtains at his own expense. If one purchaser has purchased several lots, the Master will in one certificate certify him to be the purchaser of all such lots.

As all the subsequent expenses in confirming the report, and applying to pay in the purchase-money, depend upon how few or how many certificates are obtained, it is very desirable that their number should be as limited as possible. In Hodgson v. Shaw, (MS. Case,) the conditions of sale provided that the reports should be confirmed, and the money paid in, at the expense of the estate;-there were twenty lots. On 29th Nov. 1832, the Vice Chancellor refused the vendor's application for liberty for all [ *185 ] the purchasers *to pay in under one order; and on 11th Dec. 1832, Lord Brougham refused the same motion; but he said, upon the vendor's solicitors delivering nineteen more briefs, and upon their drawing up twenty minutes of orders, and twenty orders, he would dispense with the necessity of serving nineteen more notices of motion.

The Master's report, after reciting the part of the decree which orders a sale, states that he, the Master, has been attended by the solicitors for all parties, and has caused the estates to be put up for sale, which sale took place at the inn, in in the county of day of o'clock in the lots, according to the particulars thereof left in

the

in

at

on

his office; advertisements having been previously pub

lished in the London Gazette, and in several London as well as country newspapers, giving notice of such sale, and that in the county of having, on the said

of

day of

Esq.

bid the sum of

-7. for the purchase of the premises comprised in lot of the said particular, and no other person having bid more before him for the same; he did therefore allow him, the said to be the purchaser of the premises comprised in the said lot of the said particular, at or for the said price or sum of -l. which he finds to exceed the reserved bidding fixed by him on the said lot, pursuant to the directions of the said decree.(1)

This report is filed, and an office copy of it taken. When filed, the purchaser either presents a common petition, (21 N. O.) or moves as of course for an order that the Master's report, dated the

of the in

is

day of purchase of the premises comprised in the lot the particulars of sale mentioned by at the sum of -. may be confirmed nisi. The order is drawn up in the following terms:-"That *the report made in [*186 ] this cause by Mr. —, one of the Masters of this Court, dated the day of -, whereby the said allowed the purchaser of the premises comprised in lots at the respective sums of 1. (being part of the estates in question in this cause,) and all the matters and things therein contained, do stand ratified and confirmed by the order, authority, and decree of this Court to be observed and performed by all parties thereto, according to the tenor and true meaning thereof unless the plaintiffs and defendants, having notice hereof shall, within eight days after such notice, show unto this Court good cause to the contrary." Copies of this order are served on the clerks in court of all the parties.

On the eighth day after service of the order nisi, the purchaser may move, (2) as of course, on an affidavit of the service of the order nisi, and on a certificate, obtained at the entering seat in the Registrar's Office, of no cause

(1) The words in italics to be omitted, if there has been no reserved bidding. (2) To prevent mistake I here repeat, that motions of this kind, although properly made every day in term time, can only be made out of term on days appointed for hearing motions, called seal days; and that if the seal should be continued, so that, although the eight days had not expired at the commencement of the seal, the last of the eight days expires before the seal is finished; it is still irregular to move to confirm at that seal.

having been shown that the order nisi may be made absosolute. The registrar's certificate is obtained by leaving the order nisi at the entering seat, under the letter of the first-named plaintiff. It is written on the order nisi, and signed by the registrar, and is in the following form:"There is not any order entered with the registrar, whereby cause is shown to the contrary hereof, to the day." The order absolute does not require to be

served.

The usual cause shown against a purchaser confirming his report absolutely, is an application by another person to open the biddings. If a notice of a motion to open the [ *187 ] *biddings is regularly served on the purchaser, and the day stated in the notice for making the motion happens before the purchaser would be entitled to move to confirm his report absolute, the purchaser is stopped, at least for the seal for which the notice is given. (See Opening Biddings," post, 235-250.)

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If the parties to the suit are not numerous, and are able and willing to consent to the report being confirmed absolutely in the first instance, the order nisi may be dispensed with altogether, and the purchaser may present a petition as of course to the Master of the Rolls, praying that the report may be confirmed absolutely. A consent must be signed to this petition, before it is presented by the clerks in court of all the parties, and the order is then drawn up. This order does not require to be served. The report may also be confirmed absolutely in the first instance by a motion as of course, all the parties giving consent briefs; but the former is both the cheaper and more expeditious course. As the purchaser saves time, and generally expense, by this mode of confirming the report, he ought to pay the costs of the parties consenting, which cannot be strictly allowed them in the cause. The ground of the disallowance is, that, if the report be confirmed in the usual way, no part of the expense would fall upon the estate.

COMPLETION OF PURCHASE.

When the purchaser has confirmed his report absolutely, he peruses the abstract, and commences the investigation of the title. Until the report has been confirmed absolutely,

the biddings may be opened; so that it is not prudent for the purchaser to incur any expense, in *investi- [ *188 ] gating the title, until he has secured himself by the absolute confirmation of the report against being deprived of his purchase. In the event of the biddings being opened, the expense incurred will be rendered useless, and except, under special circumstances, arising from the conditions of sale, or otherwise, the purchaser cannot claim such expense against a party opening the biddings.

In completing a purchase under a decree of the Court of Chancery, the same proceedings are taken as are usual in sales out of Court. The vendor's solicitor furnishes the purchaser with an abstract of title. This abstract is examined by the purchaser's solicitor with the deeds. If the deeds are in the possession of a third person, the purchaser's solicitor, it seems, must send to the place where the deeds are, in order to examine them with the abstract, and the seller must pay the expense of the journey. (1 Sug. V. & P. 449.) The abstract, being examined with the deeds, is usually submitted to a conveyancer to advise on the title, and requisitions are made and answered.

If the title is satisfactory, the purchaser serves a notice of motion on the clerks in court of all parties, that he may be at liberty to pay in his purchase-money, on or before the day of together with interest thereon (if any is due), from the day of, at the rate of the amount to be verified by affidavit: and that he may be let into possession, and into the receipt of the rents, and that the purchase-money may not be paid out without notice to him.

In Exparte Minor, 11 Ves. 559, it was declared, that the contract for a purchase, &c. before the Master, was not considered as complete till the confirmation of the report; and that, therefore, a loss by fire, after the report, but before confirmation, *falls upon the vendor, [ *189 ] and the circumstance that the sale had been delayed, by the purchaser having opened the biddings, was not attended to. In Mackrell v. Hunt, 2 Madd. 34, it was held, that a purchaser, under a decree, is considered only as owner of the estate from the time he pays in his purchase-money, and not from the confirmation of the report, by which he VOL. II.

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