side of the account, and balance of such interest account struck and added to, the balance of principal is to be adopted in the settlement of accounts between merchant and merchant? Quere.

But where a master, under an order of reference to him, in stating an account between the parties who were partners in trade adopted this mercantile usage, the account was allowed to stand, there being evidence before the master, from the books of account and otherwise, that the parties themselves had followed this usage, and the calculation was so made by an eminent merchant to whom the accounts were referred with the consent of the parties, and the statement as made was not questioned by the parties before the master, but was acquiesced in by them, the parties were considered as concluded thereby; but the court made this decision without laying down any rule for its government hereafter on the point, considering that in the particular case, there was enough to hold the parties to the mode of settlement which had been adopted.(i)

Filing report.

The report being signed by the master, must be filed in the office of the register or assistant register. We have no rule specifying the time within which the report must be filed; it must therefore be done within a reasonable time. In England, the report must be filed within four days after signing, but it is held sufficient if filed before any proceedings be had thereon.(a)

(i) Same case, 2 Johns. Chan. Rep: (a) 2 P. W's. 516. Newland, 175. 209.

The report being filed, an order must be entered for its confirmation. According to our rule, no notice of this order need be served, where the parties have been notified to attend the master respecting the report, or where the defendants have not appeared, but it becomes absolute of course, unless cause be shown to the contrary, (b) which must be within eight days.

After the expiration of the eight days from the time of entering the order for confirmation, the report becomes absolutely confirmed, unless exceptions are filed thereto, and no new order for confirmation absolute need be entered. This is contrary to the English practice, where a motion must be made for confirmation absolute, grounded upon an affidavit of service of a copy of the order nisi, and a certificate of the register that no cause is shown.(c) If the complainant intends to except to the report, he may do so, and still have the order for confirmation entered, as to all matters which he does not except to. But then his exceptions should be filed at the same time, or before the order for confirmation is entered by him.

On reading and filing the report of I. H. Esq. one of the master's of this court, made in this cause, bearing 1816, and on mo

date on the

day of

tion of Mr. E. F. solicitor for the complainant, it is or dered, that the said report be confirmed in all things, unless cause be shown to the contrary in eight days.

Order for confirmation nisi of the master's report, where the complainant also files exceptions.

In Chancery.

A. B. Complainant,

Between

and

15. Excep tions to the re

port.

(C. D. Defendant.

On reading and filing the report of I. H. Esq. one of the masters of this court, made in this cause, bearing date on the day of 1816, and on motion of Mr. E. F. solicitor for the complainant, it is ordered, that the said report be confirmed in all matters not excepted to on the part of the complainant, unless cause be shown to the contrary in eight days.

Exceptions to the report.

If either party is dissatisfied with the master's report, he may take exceptions to it, which must briefly and clearly specify the matter excepted to, and the cause thereof, and the exceptions are invalid as to any matter not so specified; and in every case, the party filing exceptions shall forthwith give notice thereof to the adverse solicitor. (a)

It is not necessary to serve a copy of the exceptions, but each party must obtain copies from the register or assistant register.

It is the long established practice, that no exceptions to a report will be allowed on argument unless objections have been previously taken thereto, in cases

(a) Rule 57.

where objections will lie, as where the master prepares a draft of his report as before mentioned, (b) and which practice has been adopted by our court.(c) Where the reference to the master is to approve of a guardian, or to make an allowance for maintenance, or to see whether a suit brought in the name of an infant be for his benefit, and the like, and the master reports thereon, exceptions do not lie to such reports, but the report is stated and brought before the court by petition, and the court will confirm or vary it according as it coincides in, or differs from the opinion of the master, (d) or the court will direct the master to review his report.(e) If the master by his report states that he cannot take the account which has been directed, this is the subject of farther directions rather than of exceptions.(ƒ)

The exceptions must be filed with the register or assistant register before the expiration of the eight days, as required by the order for confirmation nisi. There are instances where the court has permitted exceptions o be filed afterwards.(g) In England a deposit of five pounds must be made at the time of filing the exceptions, which if the exceptions are overruled, is paid to the opposite party, and sometimes with costs beyond the deposit; if the exceptions are allowed, the deposit is returned to the exceptant.(h) But our practice requires no deposit to be made. In England, also, filing the exceptions and making the deposit alone are not sufficient to prevent the confirmation of the report, unless an order is also entered setting down the exceptions for argument.(i)

(6) Newland, 177.

(c) 1 Turner, 136. 2 Mad. $89. (d) Ante, Remsen v. Remsen, 223. (e) 2 Mad. 391. Price v. Shaw, 2 Dick. 782, 3. 1 Bro. C. C. 577. ex parte Nicholls.

(f) 2 Mad. 390. Lupton v. White, 15 Vesey, 436.

(g) 1 Dick. 362. $18. Newland. 175. (h) Newland, 174, 6.

(i) 2 Mad. 390. Newland, 174.

Exceptions taken by the defendant to the report of I. H. Esquire, one of the masters of this court, made in this cause, and dated the day of

1816.

First exception. For that it appears, in and by the said report, and the schedules thereto annexed, that the said master in taking and stating the said accounts contained in the said schedules, has charged the said defendant with compound interest upon the sums with which he stands charged in the said accounts, whereas the said defendant should have been charged simple interest only.

Second exception. For that the said master, in taking and stating the accounts contained in the schedule marked F. has debited and charged the defendant with the sum of 500 dollars, on the 10th day of November, 1805; and, on the 5th day of July, 1807, with the sum of 1000 dollars, and with interest upon each of the said sums respectively, from the date of each charge, until the date of his report; whereas the said master in taking and stating the accounts contained in the schedule last mentioned, ought not to have debited and charged the defendant with the said sums of money, nor with interest thereon, nor with either of them, nor any part thereof.

Third exception. For that the said master, in taking and stating the said accounts, has debited and charged the complainant, on the 1st day of August, 1800, with