1. As to the time for, conduct of, and manner of the sale.

2. As to the rights and liabilities of the highest bidder, after the sale but before confirmation of the Master's report; - and as to opening biddings.

3. As to confirming the Muster's report; - and as to the purchaser's rights and liabilities after confirmation.

4. As to the investigation of title; - payment and application of purchase-money; - possession; - and preparation and execution of the conveyance.

5. As to the purchaser's rights after completion.

6. As to the practice where the purchaser fails to complete.

(1.) Ax estate when sold by the Court is usually sold by public auction; the Court will, however, at once accept an advantageous offer actually made for the property (a); or, if circumstances render such a course expedient, will authorize the Master generally to sell by private contract (b).

Where the decree in an administration suit directs the Muster to inquire and state what real estate passed by the Mill, and that the estates which he shall find to have passed be sold with his approbation, he may, after having informed himself what estates passed, proceed to sell them, without making any previous report upon the preliminary inquiry (c): but where an infant is interested in the real estate, it seems doubtful whether the Court will direct a sale until the accounts have been taken and the cause has been heard on further directions d.

Sales by the Court are usually by auction, but may be by private contract.

When sale may be made in administration suit.

(a) See Dowle v. Lucy, 4 Ha. 311. The Master's report approving of such a sale should be confirmed on special petition; Bailey v. Todd, 1 Beav. 95.

(b) See Dan. Ch. P. by II. 1210.

It has recently been determined, by V. C. Shadwell and

V. C. K. Bruce, thai the Court may sell the real estate of a testator for payment of his debts under the 3 & 4 Will. IV. c. 104. although the suit be instituted by a person interested under the will instead of by a creditor (e).

With respect to suits commenced by claim, under the Orders of April 1850, it is directed (f), that "under every Order whereby any property is to be sold with the approbation of the Master, the same is to be sold to the best purchaser that can be got for the same, to he allowed by the Master; wherein (g) all proper parties are to join as the Master shall direct."

As a general rule, no party to the suit Ought to bid for the estate without the previous permission of the Court (h); and the party permitted to hid will not be allowed to conduct the sale (i); and where, without such permission, the party conducting the sale purchased, and under a feigned name, the Court, even after the purchase had been confirmed, ordered the estate to he put up again at the price for which he had bought it: and if there should he no higher bidding, he was to he held to his bargain (k).

Sale may be made under 3 & 4 such an order may be brought under the review of the House of Lords by a purchaser, although he is not a party to the cause; Bailey v. Manle, 7 Cl. & Fin. 121, n.

Will IV. c. 104, in suit by person claiming under will.

Sale in -suits commenced by claim.

Who may bid.

(c) Dykes v. Taylor, 10 Sim. 563.

(d) See Baillie v. Jackson, 10 Sim. 167, where Sir L. Shadwell, v. C. refused to insert a direction for sale in the decree; but, in Sir E. Sugden's opinion, there is no invariable rule upon the subject; see Lynch v. Joyce, 3 Dru. & W. 349.

(e) Price v. Price, 15 Sim. 484; Rodney v. Rodney, 16 Sim. 307;

Dinning, v. Henderson, .2 Coll. 330.

(f) No, 17. (g) Quaere, in what? The sale, semble.

(h) Elworthy v. Billing, 10 Sim. . 66; but see Wilson v.

Greenwood, 10 Sim. 101, n. (i) See Domville v. Berrington, 2 You. & C. Ex. 72.5.

Sidny v. Ranger, 12 Sim. 118; .

A residuary legatee (l), or tenant for life, or owner of a reversionary interest in the estate, may, (subject to the above restriction,) purchase on a sale by the Court; and Lord Eldon, although disapproving of the rule, has referred to its existence as free from doubt (m). In a late case, an application by an executor in an administration suit for leave to bid, was refused (n).

In general, the plaintiff conducts the sale (o); in which case his solicitor is considered, as between the vendors and the purchaser, to be the agent of all the parties to the suit (p): the Master, however, may, if he consider it for the benefit of the parties to the suit, give the conduct of the Bale to a person other than the plaintiff (q).

Where a suit is instituted to carry into execution the trusts of an instrument which directs a sale upon the occurrence of a specified event, and some of the parties interested in the proceeds of sale are not sui juris, the Court has no power to direct a sale before the occurrence of such event (r): however injurious delay may be to the property (s) .

Assuming the Court to have properly directed a sale, the same usually takes place before the Master (t): but he may, if he shall think it for the benefit of the parties interested, order the estate to be sold in the country, at such place and by such person as he shall think fit (u). It is stated, in a work of reputation, that a London auctioneer is never appointed for a country sale (w); but the rule is not invariable (x).

Who conducts sale.

Court, when executing trust. cannot anticipate time thereby fixed for sale.

Sale may be in town or country.

(l) Hooper v. Goodwin, G. Coop. 95.

(m) See Williams v. Attenborough, Turn. & R. 76.

(n) Geldard v. Randall, 9 Jur.1085

(o) See Dan. Ch. P. by H. 1193.

(p) Dalby v. Pullen, 1 Russ. & Myl. 296.

(q) Dixon V. Pyner, 7 Ha. 331.

(r) Blacklow v. Laws, 2 Ha. 40.

(s) Johnstone v. Baber, 8 Beav. 233.

(t) Dan. Ch. P. by H. 1193. (u) 75th Order of April, 1828.

The general rules, to which we have before adverted, respecting the relative duties of intended vendors and purchasers prior to the contract, apply as well to sales under an order of the Court as to ordinary sales; e. g., puffing cannot be supported in the one case more than in the other (y).

The particulars and conditions are prepared. by the solicitor of the party conducting the sale (z); and, if of a special nature, are usually settled by counsel as in other cases; they must, however, be finally allowed by the Master: the remarks already made (a), upon particulars and conditions, are generally applicable as well to sales before a Master as to ordinary sales; it is not, however, usual, on sales by the Court, to insert the common stipulation as to the best bidder being the purchaser, or as to the estate being put up again and resold in the event of there being any dispute as to the last or highest bidding (b), nor is it usual to require the payment of a deposit, except upon the sale of standing timber separately from the estate (c); or to insert any stipulation that the purchaser shall sign an agreement to complete the purchase (d); but he is, independently of stipulation, bound to sign his name, description, and place of abode, after the amount of his bidding, on a copy of the particulars (e). If a reserved bidding is considered desirable, the insertion of a condition to that effect must be authorized by the Court; and the proper course is, to apply by motion on petition (f) for such a direction, when an order will be made for the Master to fix a reserved bidding, if he shall think fit (g).

Relative duties of vendors and purchasers prior to the sale.

Particulars and conditions - preparation, allowance, and nature thereof.

(w) Dan. Ch. P. by H. 1194.

(x) In Bracey v. Earl of Scarborough, V. C. W., July, 1849, estates were sold at Bristol by Messrs. Fare-brother and Co.

(y) Sug. 64.

(z) Dan. Ch. P. by H. 1195.

(a) Ch. IV.

(b) 3 Dav. Conv. 92.

(c) Dan. Ch. P. by H. 1197.

(d) See 3 Dav. Conv. 92.

(e) Dan. Ch. P. by H. 1197. (f) See Brooker v. Collier, 3 Russ.

In a modern case, where a deposit was deemed desirable, the Court refused to sanction its payment to the Master's clerk, but allowed it to be paid to the solicitors of a defendant in the cause, they undertaking by counsel to account for it, and the defendant submitting to be bound by any future order which the Court might make respecting it (h).

There are two advertisements of sale; each of which must be allowed by the Master, and inserted in the Gazette, and should also be inserted in other London, and, (if the estate be in the country,) provincial newspapers; the time of sale is stated only in the second, or peremptory advertisement, having been previously fixed by the Master with the approbation of the parties to the cause; the warrant to attend him for that purpose should be served on the solicitors of all the parties (i).

When the estate is sold by the Master, the sum of 5l., if the entire purchase-money (whether the estate be sold in one lot or several lots) does not exceed 2000l., or, if it exceed that sum, then five shilling on every 100l., is payable by such party as the Master shall direct (k); if the estate is sold in the country, the auctioneer is usually allowed, not a per-centage on the purchase-money, but a fixed sum, the amount of which is previously settled with him by the vendor's solicitor with the approval of the Master (l).

If an incompetent person, (as a lunatic,) is declared the highest bidder, the Court cannot hold the next bidder to his bidding, or even allow him to stand as purchaser with the consent of the parties to the cause (m); in a recent case, where the offer of the highest bidder was rejected, under the idea that he was of insufficient means, and the next bidder was declared the purchaser, the Court did not treat the sale as void, but seemed to consider that the highest bidder should have moved that he, instead of the other, might be declared the purchaser (n).