relate to the form of the certificates and reports to be made by the Judge's clerks :

"The certificates or reports to be made by the chief clerk to the Judge are not, except the special circumstances of the case shall render it necessary, to set out the order, or any documents or evidence or reasons, but are to refer to the order, documents and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated in any such certificate or report is founded."

"The certificate of the chief clerk to the Judge may be in a form similar to the form set forth in Schedule (E.) to these Orders, with such variations as the circumstances of the case may require, and when prepared and settled, it is to be transcribed by the solicitor prosecuting the proceedings, in such form and within such time as the chief clerk shall require, and is then to be signed by the chief clerk at an adjournment to be made for that purpose. But where, from the nature of the case, the certificate can be drawn and copied in chambers whilst the parties are present before the chief clerk, the same shall be then completed and signed by him without any adjournment."

A former Order, namely, the 48th of August, 1841, describes, with respect to the form of Masters' Reports, that "No part of any state of facts, charge, affidavit, deposition, examination or answer brought in or used before them shall be stated or recited." The modern form of a certificate given in the schedule is as follows:

Form of Certificate of Chief Clerk.

"In the matter of [or, between -] [state title.] In pursuance of the directions given to me by the Master of the Rolls [or, the Vice-Chancellor], I hereby certify, that the result of the accounts and inquiries which have been taken and made in pursuance of the order in this cause, dated the day of

is as follows:—

the executors of

the testator,

1. The defendants have received personal estate to the amount of £——, and they have paid, or are entitled to be allowed on account thereof, sums to the amount of £, leaving a balance due from [or to] them of £, on that account.

The particulars of the above receipts and payments appear in the account marked verified by the affidavit of filed on

the day of and which account is to be filed with the certificate, except that, in addition to the sums appearing on such account to have been received, the said defendants are charged with the following sums [state the same here, or in a schedule], and except that I have disallowed the items of disbursement in the said account numbered and

[Or in cases where a transcript has been made.] "The defendants,

the affidavit of ·

count is marked

have brought in an account verified by filed on the day of —, and which ac

and is to be filed with this certificate. The account has been altered, and the account marked, and which is also to be filed with this certificate, is a transcript of the account as altered and passed.

2. The debts of the testator which have been allowed are set forth in the schedule hereto, and, with the interest thereon and costs mentioned in the schedule, are due to the persons therein named, and amount altogether to £

3. The funeral expenses of the testator amount to the sum of £- which I have allowed the said executors in the said account of personal estate.

4. The legacies given by the testator are set forth in the — schedule hereto, and with the interest therein mentioned remain due to the persons therein named, and amount altogether to

£

5. The outstanding personal estate of the testator consists of the particulars set forth in the schedule hereto.

6. The real estate to which the testator was entitled consists of the particulars set forth in the schedule hereto.

7. The incumbrances affecting the said testator's real estate are specified in the schedule hereto.

8. The defendants have received rents and profits of the testator's real estate, &c. [in a form similar to that provided with respect to the personal estate.]

9. The real estates of the testator directed to be sold have been sold, and the purchase-money, amounting altogether to £have been paid into Court."

-N. B. The above numbers are to correspond with the numbers in the decree.

After each statement the evidence produced is to be stated as follows: :-

"The evidence produced on this account [or inquiry] consists of the probate of the testator's will, the affidavit of A. B. filed and paragraph No. of the affidavit of C. D. filed The report having under the previous Orders been duly prepared and transcribed, it will be for the parties either to proceed to give it validity, or to take objections to it. The 33d section of 15 & 16 Vict. c. 80, has first to be considered. It is as follows:"No exceptions shall lie to any certificate or report of the chief clerk, although signed and adopted by the Judge; but any party shall, either during the proceedings before such chief clerk, or within such time after such proceedings shall have been concluded, and before the certificate shall have been signed and adopted, as the Lord Chancellor shall by any General Order direct, be at liberty to take the opinion of the Judge upon any particular point or matter arising in the course of the proceedings, or upon the result of the whole proceeding, when it is brought by the chief clerk to a conclusion."

If, therefore, any party is dissatisfied with the judgment of the chief clerk, and desirous of submitting the matter to the Judge, the orders and statutes prescribe a very simple course for him to adopt. It is not necessary for him to carry in objections to the report. All that is required is, that, within four days after the signature by the chief clerk of the report, the party dissatisfied therewith should take out a summons to have the matter considered by the Judge himself. The 47th Order of the 16th of October, 1852, is as follows:

"The time within which any party is to be at liberty to take the opinion of the Judge upon any proceeding which shall have been concluded, but as to which the certificate or report of a chief clerk shall not have been signed and adopted by the Judge, is to be four clear days after the certificate or report shall have been signed by the chief clerk."

In computing these four clear days mentioned in this Order, Sundays and days on which the offices are closed will be included, unless the day of return falls upon them. It would appear that the vacations are included, for an Order of the 26th July, 1853, directs, that "In the interval between the close of the sittings after any term, and the commencement of the sittings before, or at the beginning of the next ensuing term, any Judge of the

1 See ante, 1339.

applicant must also, if the estate has been sold in several lots, and he applies to have it resold in one lot, pay the original purchasers any charges and expenses they may have been put to, in having surveys made, &c., preparatory to the bidding.1

When biddings are opened and a resale takes place, the person at whose instance the biddings were opened will, if he is outbid at the resale, be discharged, and will be entitled to receive back his deposit; 2 but he will not be entitled to an allowance for his costs, as they are in the nature of a premium paid by him for the opportunity of bidding. Where, however, the biddings have been opened for the express benefit of the family, costs have been allowed.4

3

Sales by Private Contract.

It has been stated, that where an estate is sold by order of the Court, the sale is generally effected by public auction; the Court will, however, where it is for the interest of the parties, depart from its usual course and allow of the property being disposed of by private contract; it is, however, to be observed, that where there has been a decree for sale before the Master in the ordinary form, the parties will not be at liberty to depart from that form, without an order to warrant it; 5 and, it seems, that if an estate directed to be sold before a Master, is sold by private contract, or in any other manner contrary to the order of the Court, and not actually conveyed to the purchaser, the Court will not take notice of the sale, but will direct the estate to be sold before the Master according to the decree.6

The proper course for an individual to pursue who is desirous of purchasing, by private contract, an estate which has been directed to be sold before the Master to the best purchaser, is, to make a proposal to the vendor, or to the plaintiff in the cause, and to procure him, or some other party in the cause, to make an 1 See ante, 1287.

2 Williams v. Attenborough, T. & R. 77.

Rigby v. M'Namara, 6 Ves. 466; Earl of Macclesfield v. Blake, 8 Ves. 214; Trefusis v. Clinton, 1 V. & B. 361.

Earl Macclesfield v. Blake, supra; Owen v. Foulks, 9 Ves. 348; West v. Vincent, 12 Ves. 6; Trefusis v. Clinton, 1 V. & B. 361; Chapman v. Fowler, 3 Hare, 577; Filder v. Bellingham, 1 Col. 526.

See Annesley v. Ashurst, 3 P. Wms. 283.

6 1 Sugd. V. & P. 64.

application to the Court, for an order to refer it to the Master to inquire, and state to the Court whether it will be for the benefit of the parties interested in the estate, that his proposal should be accepted. Sometimes, in cases of this nature, a contract is actually entered into by the parties, subject to the approbation of the Master, before any application is made to the Court, the advantage of which course appears to be, that a definite arrangement is entered into, subject to the Master's approval, before any expense is incurred, either before the Court or before the Master.2

Where an estate has been put up for sale in lots, and either the whole or any of the lots are unsold, the practice is to move the Court for an order, that the plaintiff may be at liberty, with the approbation of the Master, to sell, by private contract, all or any part or parts of the premises which, by the decree, were directed to be sold, which had not then been sold or disposed of, subject to such terms and conditions as the Master shall think fit. The order is drawn up in the terms of the notice, and gives the Master liberty to approve of any such contract or contracts, and to settle the conveyances consequent thereon, in case the parties differ about the same. The plaintiff's solicitor then enters into a written contract, with any person willing to purchase, "subject to the approbation of the Master." When this has been done, a state of facts, stating the contract, is carried into the Master's office, and proceeded upon in the usual manner. This state of facts should be supported by an affidavit of a surveyor, or other competent person, that the terms of the contract are fair, and that it will be beneficial to the estate that the same shall be carried into effect.

If, upon such reference, as above pointed out, the Master reports in favor of the contract, a petition must be presented and served praying that the Master's report may be confirmed, and that the contract may be carried into effect. The order made. upon this petition usually directs all proper parties to join in and execute the necessary conveyance to the purchaser, or as he shall direct, such conveyance to be settled by the Master in case the parties differ about the same. The title is then investigated, the

The deed of conveyance should be approved by the Court. Dickerson v. Talbot, 14 B. Monroe (Ky.) 60.