(3.) As to confirming the Master's report of the purchase; - and as to the purchaser's rights and liabilities after confirmation.

The person who eventually is the highest bidder, and who wishes to complete his purchase, must, at his own expense, procure, file, take an office copy of, and apply to the Court, (either by motion, or petition of course at the Rolls,) to confirm, the Master's report of his being the best bidder (y); whereupon an order nisi is made, confirming the report unless cause be shown within a specified time after service: he must then, at his own expense, procure an office copy of such order, and, at the expiration of the time therein limited, (but not before, even with consent (z),) apply to the Court for an order confirming the report absolutely; which order is made, of course, on an affidavit of service of the order nisi, and certificate of no cause having been shown (a). No notice of either application is required (b), but the second order can be made only on a seal day (c). He should not procure the second order while under notice of an application to open the biddings (d); but the order, if so obtained, must be discharged before the biddings can be opened (e).

First purchaser discharged by order opening biddings.

Person opening biddings if outbid at resale is prima facie discharged.

When entitled to costs.

Opening biddings in fictitious name.

Course of proceeding by purchaser to confirm Master's report. and see Humphries v. Roberts, 6 Jur. 680, supra, p. 558.

(o) See Dan. Ch. P. by H. 1212.

(p) See Walond v. Walond, 8 Beav. 352.

(q) See S. C, and Williams v. At-tenborough, Turn. & R. 77.

(r) Rigby v. M'Namara, 6 Ves. 466; Trefusis v. Clinton, 1 Ves. & B. 361.

(s) Earl Macclesfield v. Blake, 8

Ves. 214.

(t) S. C.; Owen v. Foulks, 9 Ves. 348; West v. Vincent, 12 Ves. 6; Chapman v. Fowler, 3 Ha. 577.

(u) Filder v. Bellingham, 1 Coll. 526; Gravenor v. Miles, 8 Jur. 838, V. C. K. B.

(w) Molesworth v. Opie, 1 Dick. 289.

(x) Sug. 88.

(y) Dan. Ch. P. by H. 1199.

After the report is confirmed absolutely the purchaser becomes the owner of the estate, subject to payment of the purchase-money, and is not liable to have the biddings opened on the mere ground of advance in price (f), or of negligence, surprise, etc, on the part of the vendors (g), or of mistake on the part of an intended bidder (h); but only on the ground of fraud or misconduct in the purchaser, or of his fiduciary character, or of some fraudulent negligence in another person, - e.g., the agent for sale,- of which it is against conscience that the purchaser should take advantage (i): he is also liable to any loss which may happen in connection with the estate; as, in a recent case, the expenses of making good damages caused to adjoining property by the fall of the houses which he had purchased (k).

After confirmation, purchaser prima facie] entitled to estate subject to payment of price.

(z) Vernon v. Thellusson, 10 Beav. 452.

(a) Dan. Ch. P. by H. 1199; Sug. 70.

(b) Ibid.

(c) Robertson v. Skelton, 10 Beav. 199; this is an exception from the general practice as to motions of course.

(d) Vansittart v. Collier, 2 Sim. & St. 608; Watson v. Brickwood, there cited.

(e) Vansittart v. James, 1 C. P. Coop. N. R. 379.

(f) Morice v. Bishop of Durham, 11 Ves. 57; White v. Wilson, 14 Ves. 151; Fergus, Executors of, v. Gore, 1 Sch. & Lef. 350.

(g) See 14 Ves. 153.

(h) Anon. 1 Ves. jun. 453.

(i) See Morice v. Bishop of Durham, 11 Ves. 57; and, as to fraud, see cases cited, Sug. 87.

He may apply by motion, on notice, for leave to pay his purchase-money into the Bank, and to be let into possession; or, if incumbrances appear in the report, or, (semble) if not so appearing, the same are known to exist, and all parties to the suit are sui juris and agree to their discharge, for leave to pay them off out of the purchase-money, and to pay in the balance (l): the payment, however, must be an entire payment, although the lot be sold to joint purchasers (m): where interest is payable, the same must be paid in full without deducting the income tax (n).

The Court will, either before or after the report is confirmed, discharge the purchaser and substitute any other person (o), upon his paying in the entire purchase-money, and upon an affidavit that there is no under-bargain (p); and such an order has been made where the first purchaser, after confirmation of the report, had agreed in writing to sell the property, and had since died, and his heir was abroad (q): and, where the same motion asks for such substitution and for leave to pay in the money and be let into possession, since no additional costs are incurred by the parties to the cause than would have been incurred on the usual motion to pay in purchase-money, no costs will be given (r).

May move to pay in his purchase-money, or to discharge incumbrances.

Substitution of purchaser allowed, on what terms.

(k) Skelton v. Robertson, 14 Jur. 323.

(l) Dan. Ch. P. by H. 1202; Sug. 72.

(m) Darkin v. Marye, 1 Anst. 22.

(n) Holroyd v. Wyatt, 1 De G. & S. 125; Dawson v. Dawson, 11 Jur. 984, V. C. E.; Humble v. Humble,

12 Beav. 43.

(o) See Sug. 66.

(p) Rigby v. Macnamara, 6 Ves. 515; Vale v. Davenport, 6 Ves. 615; and see Miller v. Smith, 6 Ha. 609.

(q) Pearce v. Pearce, 7 Sim. 138.

(r) Christian v. Chambers, 4 Ha. 307.