CHAPTER VI.

PROCEEDINGS IN THE MASTER'S OFFICE.

Duties of the Masters-Decree or Order of Reference-Method of proceeding in the Master's Office-Warrant to consider Decree-Object of Attendance on same-Carriage of Decree or Order-Warrant to show cause why Warrant on preparing Report should not be issued-Warrant on preparing Report-Proceedings when Draft Report prepared-Warrant to settle Draft Report-Warrant to sign Report-Objections to Report-Filing and Confirming Report-Exceptions to Report-Deposit-Costs of Exceptions-Setting down Cause on Exceptions and further Directions--Separate Report--State of Facts-Method of taking Evidence in Master's OfficeInterrogatories and Examination of Parties-Method of proceeding thereon-How to compel the putting in of Examination-By and against whom Examination may be used-When Affidavits used-Examination of Witnesses-Commission for same-Passing Publication-Examination of Witnesses vivá voce before Master-Method of taking Accounts in the Master's Office-How Account to be brought in-Charge-Surcharge-Method of Proceeding on Charge-Discharge-How to be supported-Surcharge and Falsification of settled Accounts-Appointment of Guardian-Allowance for Maintenance-Report thereon-Method of proceeding on Proposal to marry a Ward of Court-On Marriage of Ward without Leave of the Court-Committal of Husband to the FleetSettlement-Method of proceeding before the Master on a Reference as to title-Abstract-Objections and AnswersReport-As to when Title is shown-Proceedings in Suits for the Administration of Assets-Advertisements-Proof of Debts-Creditor's Charge-Proceedings thereon.

As a considerable portion of the proceedings in many Chancery suits takes place in the Master's offices, the present Chapter will be devoted to the object of the proceedings of most frequent occurrence in those offices, so as to give the country

practitioner a general idea of the manner in which they are carried on; for though they are mostly transacted by the agent, so many and such important interests are affected by them, that it cannot be considered unimportant that the country solicitor should be aware of the nature of them, since he will ill discharge his duty to his client if he trust entirely to his agent, and neglect to keep his eye constantly on the progress of the suit in whatever stage or state it may be.

The Masters in Chancery are officers of the Court, whose duty it is to make inquiries (when so required by the Court) into matters which, from the constitution of the Court, it cannot conveniently, without the assistance of such officers, satisfy itself upon, and to report to the Court their conclusions with respect to such matters; also to perform, or see to the performance of, many ministerial acts which the Court cannot properly entrust the performance of to any but its own officers, or, at least, without appointing one of its own officers to superintend the performance of them. The duties of the Masters are, therefore, of a mixed character, partly judicial and partly ministerial, the powers which they possess, in both respects, being delegated to them by the Court. Wherever a Master has acted in obedience to the directions of the Court, he informs the Court, by a document in writing, what he has done, or what conclusion he has come to; in most cases, this document is called his report, but in other cases it is called a certificate; a report being an instrument which conveys to the Court information of various proceedings taken by the Master, and his conclusions upon them, which in a degree partake of the judicial nature; a certificate being merely information conveyed to the Court that the Master has performed some single act, generally of a ministerial nature. Certificates are usually applicable to matters of practice, whereas reports in general affect the merits of the suit.

With the exception of some ministerial acts, such

as administering oaths, receiving recognizances, &c. the duties of a Master arise from particular decrees and orders of the Court, referring it to him to make inquiries and ascertain facts, and to do various acts, and to report what he has done to the Court: and the proceedings in his office go on in this manner. Where a decree is made ordering a reference to the Master, the agent for the party most interested in that decree (usually the plaintiff), after having got it duly passed and entered, and the name of the Master, in rotation, inserted, carries a copy of the ordering part of it into the Master's office, and takes out a warrant (which is the name of the instrument by which parties have notice to appear before the Master), to consider the decree; at the time appointed by the warrant, the solicitors for the different parties attend before the Master, and the method of proceeding on the reference is, then, as far as possible, settled; for instance, the Master decides what parties are entitled to attend the various proceedings in his office; for it constantly happens that various distinct inquiries or acts are to be made or done by him under the decree, in one or more of which some of the parties may have no interest, and in others of which others of the parties may have no interest, so that it would be, in many instances, to no purpose but to increase expense if all parties to the suit were, in all cases, to be at liberty to attend before the Master, whether they had any interest in the subject of his deliberations or not; besides this, on the attendance on the warrant to consider the decree, the Master may direct which of various proceedings may properly be going on simultaneously, on what particular subjects it will be necessary for the parties to lay evidence before him, and it may be settled in what manner such evidence is to be taken; the times may also be fixed within which states of facts and evidence are to be brought into the Master's office; in cases requiring advertisements they will be directed to be published, and generally the outline of

the future proceedings will be determined upon by the Master and the solicitors for the various parties, who at this meeting have the opportunity of making mutual suggestions, and benefiting by them. After this warrant is attended, the reference goes on in due course; but as different references require different proceedings, it will be convenient to omit such proceedings for the present, and pass on to the time when the Master has completed the inquiries and acts directed by the decree or order, and is ready to make his report of what he has done and found to the Court.

The plaintiff generally has what is called the carriage of the decree; that is, in fact, the principal duty of prosecuting it, though in some cases, if his solicitor or agent be guilty of undue delay, or it appears inconsistent with the interest of the parties generally, or perhaps from other circumstances, the Master may take it from him and appoint some other party; but for the sake of brevity, the word plaintiff will be used in what follows. The plaintiff, then, when the Master is ready to prepare his report, takes out and serves on the solicitors for all parties a warrant to show cause why the Master should not issue a warrant on preparing his draft report; this warrant is usually attended by all parties, especially where they or any of them have occasion to ask for further time, which the Master may grant if he see good reason for it; and it is a very useful warrant, as it operates as a warning to the parties to bring in any further evidence they may have, and to perfect their cases; for when the warrant on preparing the report (which is the next step) has issued, no further evidence can be received. The warrant on preparing the Master's report must next be obtained, and served like the former; the effect of this warrant has been just mentioned: it is never attended, but merely operates as a notice to all parties that the draft report is prepared, and that they may obtain copies; the agent for each party inter

ested then obtains from the Master's office a copy of the draft report, or of so much of it as affects his particular client's interest, and sends a copy of such report, or such portion as he may have taken, to the country solicitor, who should very carefully peruse and consider it, and make such suggestions to his agent as to any proposed alterations as he may think necessary; and, indeed, in cases of difficulty, or involving any considerable interest, it is usual to lay the draft report before counsel for his consideration and suggestions; due time having been given to the parties to consider the draft report, the next step is to take out and serve a warrant to settle the report; this warrant is attended by all parties, and on such attendances the draft report is gone through by the Master in their presence, and each party makes any suggestions or observations he may have to make, which the Master disposes of either by adopting them and altering the draft report in the manner suggested, or overruling them. When the draft report has been gone through in this manner, (which may from its length require several warrants and several attendances for the purpose,) it becomes necessary for the parties immediately to consider whether they will be aggrieved if the report is finally made in its then shape, and whether it will be necessary to appeal to the Court against any of the Master's findings or decisions; for the next step is a warrant to sign the report, which is served on the solicitors of the parties; this warrant must be served four days before it is attendable, and during that time any party may carry in before the Master objections to the draft report, of the leaving of which, and of the time of proceeding to argue them, he gives notice to the other parties, by taking out and serving warrants; these objections, when made, are usually drawn by counsel, and must be carried in in writing, and they are then argued before the Master, counsel being employed to argue