Form of deerec, allowing one exception, and sending back report to be reviewed by the master. In Chancery. SA. Between A. B. Complainant, 18. Decree upon the ex This cause coming on to be heard upon exceptions ceptions. taken by the defendant to the report made in this cause by I. H. Esq. one of the masters of this court, to whom the said cause stood referred, pursuant to a certain decretal order made in the said cause, bearing date the sixth day of July, 1814, and which said report bears date the thirtieth day of May, 1816, and also for further directions upon the said report,* and the subject matter of the said exceptions, and of the said further directions having been argued and debated by Mr. on behalf of the complainant, and by Mr. on behalf of the defendant, it is ordered, adjudged and decreed, and his honor the Chancellor doth this day, order, adjudge and decree, that the second exception of the defendant be allowed, and that all the other exceptions taken by the said defendant to the said report be overruled and disallowed with costs, and that the said report be confirmed as to all other matters. And further, that the said report be referred back to the said master, to alter and correct the same according to the said third further exception allowed as aforesaid, and that the original report of the said master, now on file in this court, be delivered by the It appears by these words, that the cause was set down for hearing upon the exceptions, and also for further directions; of which, see post, p. 278–9. assistant register to the said master for that purpose; and that the said master alter and correct the said report, and the accounts thereunto annexed, by striking out the sum of $500, charged the defendant on the 10th day of November, 1805, and the interest thereon, as contained in schedule F. to the said report annexed, and deducting the amount of said sum of $500, and the interest thereon from the balance, which appears by schedule C. annexed to the said report, to have been due from the said defendant to the said complainant on the third day of July, 1800: And it is further ordered, adjudged and decreed, that the said master do further charge the said defendant, in his said accounts with the said copartnership of B. and D. with the sums of money reported by the said master in schedule I. annexed to, and forming part of the said report, as a reasonable rent for the store-house and lot of ground mentioned in the pleadings in the above cause, for each and every year which has elapsed since the exhibition of the bill of complainant in this cause, which was on the twelfth day of July, until the first day of January, 1815. And that the said master do continue to state the accounts of the said parties, and to charge and allow the said parties interest in the said accounts, until the coming in of his said report in the same manner as the said master hath heretofore charged, and allowed interest in taking and stating the said accounts. And that the said master do report to the court with all convenient speed, the balance which shall be found due from the defendant to the complainant: and that the question of costs, and of further interest upon the amount which may be reported by the said master to be due to the complainant by the defendant, and all further direc 19. Further directions. tions be reserved until the coming in of the said report. When the report is again before the master, the like summons as before must be again taken out, requiring the parties to attend the master on reviewing his report. Either party may at this stage, on motion, apply for liberty to take further objections to the report. (a) The master having reviewed his report, and corrected it according to the directions of the court, will settle and sign it as before, and on its being filed, the like rule for confirmation must be entered.(b) Further directions. After the master has made his report on the matters referred to him, the cause is again brought on before the court upon the equity reserved, or for further directions, in order to obtain a final decree. In order to bring on the cause, it must be set down for hearing on the master's report, and both parties may set it down. This is done in the usual manner, by entering an order and giving notice to the register or assistant register, and to the opposite party. If exceptions have been taken to the report, it may be brought on upon those exceptions, and for further directions at the same time.(c) If the cause is set down only upon the exceptions, and any of them are allowed, it may be referred to the master to review his report, and alter it according to the directions of the court upon the allowance of the exceptions. The parties then having aí (a) 1 Turner, 136. note. Vallence v. (c) 1 Johns. Chan. Kep. 317. Arden v. Arden. 1 Turner, 136-7. tended the master, and the report being corrected and filed, and rules for confirmation entered, it must afterwards be set down as before mentioned, for further directions upon the report. But as it is attended with much delay, to have the cause heard first upon. the exceptions, and afterwards on application for further directions, it is usual for the party interested in the cause, and desirous of an expeditious decision, to have it brought on upon the exceptions, and for further directions at the same time. The directions of the court will then be given on the whole view of the subject, that is upon the facts and circumstances as they appear from the report and exceptions, and by the evidence in the cause. Much time may thus be saved; for if the master is right in his report, and the exceptions should be overruled, the further directions of the court will be immediately obtained, by the order made upon this hearing, and so in very many cases even where the exceptions are allowed. But if any of the exceptions are allowed, then the report is sent back to the master, to be reviewed, as before mentioned, and after it is filed, the cause must again be set down, noticed, and brought on as before mentioned for the final decree. Order to set cause down upon exceptions and for further directions. In Chancery. Between SA A. B. Complainant, C. D. Defendant. On motion of Mr. E. F. solicitor for the complainant, it is ordered, that this cause be brought to a hear ing, upon the exceptions filed by the defendant, to the report of I. H. Esq. one of the masters of this court, bearing date the day of 1816, and also for further directions upon the said report; and that the hearing be on the first day of next September term of this court, to be held at the City-Hall of the City of New-York. Please to put the above cause upon the calendar for hearing, upon exceptions to the master's report, and also for further directions thereon at the next September term of this court. dated 1st of July, 1808. E. F. Sol'r for comp't. G. H. Sol'r for def't. To Isaac L. Kip, Esq. Assistant Register. S The issue of the said cause is Yours, &c. E. F. Sol'r for comp't. |