equal authority with him in forming the brevia magistralia, for unless they all agreed they were to go to parliament.(a) In this state, however, masters in chancery are created by the council of appointment, and their duties are very important as we have before stated. A reference is an order of the court, whereby divers matters and things are referred to a master to examine and make report to the court, to the end, that the court may make an order absolute, and thereby determine such matters and things as are therein mentioned.(b) The title of a reference to a master may properly comprise four principal heads : 1st. Reference to report on exceptions to an answer. 2d. Reference to examine and state an account. 3d. Reference to report on and sell mortgaged premises. 4th. To which may be added, orders of reference concerning the custody of children on the separation of their parents. In treating on these heads, the compiler will endeavor to combine principles with practice, and at the same time point out those proceedings and forms which ordinarily occur in the progress of a reference, as far as the nature of the subject will permit, beginning with orders for a reference to a master, to take and state an account, being the most important head under the title of reference; and previous to his entering on the examination of this title, the compiler has thought proper to introduce here some general principles established by our court for the masters' practice, in the case of Remsen v. Remsen, 2 Johns. Ch. Rep. 495. (a) 1 Harrison's Chan, Pr. 59. (6) Practical Register, 305. General principles on which examinations before a master are to be conducted, regulaling and setting the practice as to the mode of taking testimony, on an order of reference to a master. 1. The parties should make their proofs as full before publication as the nature of the case requires or admits, to the end, that the supplementary proofs before the master may be as limited as the rights and responsibilities of the parties will admit. 2. That orders of reference should specify the principles on which the accounts are to be taken, or the inquiry proceed as far as the court shall have decided thereon, and that the examinations before the master should be limited to such matters within the limits of the order, as the principles of the decree or order may render necessary, and as were not examined to or fully proved before publication. 3. No witness in chief, and examined before publication, nor the parties ought to be examined before the master, and no witness once examined before a master, ought to be examined again on the same matter without a special order for the purpose, and the order ought to specify the matter or extent of the examination, except however, that the accounting party may establish by his own oath, being credible and uncontradicted, small sums not exceeding twenty dollars, according to the course of the court. 4. The master ought, in the first instance, to ascertain from the parties, or their counsel, by suitable acknowledgments, what matters or items are agreed to be admitted, and then as a general rule, and for the sake of precision, the disputed items claimed by either party ought to be reduced to writing by the parties respectively, by way of charges and discharges, and the requisite proofs ought then to be taken on written interrogatories, prepared by the parties and approved by the master, or by viva voce examination, as the parties shall deem most expedient, or the master shall think proper to direct in the given case. That the testimony may be taken in the presence of the parties or their counsel, if they choose to attend, (except when by a special order of the court it is to be in secret, and ought to be reduced to writing in cases where the master shall deem it desirable by him or under his direction, as well where a party, as where a witness is examined. 5. In all cases where the master is directed by the order to report the proofs, the depositions of the witnesses should be reduced to writing by the master, and subscribed by the witnesses, and the depositions returned with his report to the court. 6. When an examination is once begun before a master, he ought, on assigning a reasonable time to the parties, to proceed with as little delay and intermission as the nature of the case will admit of, to the conclusion of the examination; and when once concluded, it ought not to be opened for further proof without special and very satisfactory cause shown. 7. After the examination is concluded, in case of reference to take accounts, or make inquiries, the parties, their solicitors or counsel, ought to have a day assigned them to attend before the master, to the settling of his report, and make objections in writing, if any they have and when the report is finally settled and signed, the parties ought to be confined in their exceptions to be taken in court, to such objections as All orders of reference, if without specification of a Reference to a master to examine and state an account. Special Contents. I. Of the order and directions thereon. II. Form of the order, summons, &c. III. Interrogatories filed by the complainant to collect materials VII. The complainant's charge. VIII. The defendant's discharge. IX. Order for the examination of witnesses. X. Time of making public the testimony. XI. Arguing the cause before the master. XII. Settling the draft of the report. XVIII. Decree of the court on the exceptions. XIX. Further directions. XX. Final decree. Of the order-directions thereon-form thereof, and sum mons of the master. der and direc THE object and intention of this species of reference 1. Of the or is to examine and report on the state of disputed ac- tions thereon. counts, arising sometimes out of copartnership concerns and sometimes of the state of complicated accounts of individuals, who are induced to come into the court of Chancery to obtain that relief, which they could not have availed themselves of in a court of cominon law. In such cases the proceedings are carried on before the master by way of charge and discharge, (that is to say,) by having the claim of the plaintiff regularly stated and proved before him; and in like manner, that of the defendant in case of his having any claim against the plaintiff, which is used by way of a set off; and on the liquidation of their mutual accounts, the balance is stated by the master in the form of a report, agreeably to the form of the order. ་ Before the order of reference is made, the solicitor should submit the draft of it to counsel, that it may be carefully examined, and so framed as to embrace all the matters to be inquired into, for this being the master's authority to act, he is confined in the inquiries before him, strictly within the terms of the order. Every order to take an account should authorize the master to compel the production of such books, papers and documents as may be in the possession of the parties, or either of them;(a) to examine the parties upon (a) 2 Harrison's Chan. Prae. 95. 101. |