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bated by Mr.

of the said exceptions having been argued and de-
on behalf of the said
defendant, and by Mr.
on behalf
of the complainant, it is ordered, adjudged, and de-
creed, and his honor the Chancellor, doth order, ad-
judge and decree, that the first exception taken by the
said defendant to the said report be disallowed and
overruled, and that the said defendant put in and file
within

days, a further and perfect answer to such parts of the said bill, as are referred to in the said exceptions so taken thereto by the complainant, and allowed by the said master, in and by his said report. And it is further ordered, that the second exception taken by the said defendant, to the said report of the said master, be overruled and disallowed, and that the part of the defendant's said answer referred to in the said report, beginning with the word and ending

with the word in the fourth line thereafter, be struck out of the said answer; and it is further ordered, that the said defendant pay to the said complainant, his costs of the said exceptions so taken by the said complainant to the said answer, and of all the subsequent proceedings thereupon, and that the complainant have execution thereof.

Reference of bills for scandal or impertinence.

16. Reference of bills for scandal or

It may be proper here to observe, that if the bill filed by the plaintiff contain scandalous or impertinent impertinence. matter, the defendant is entitled to have the same expunged, and for that purpose may obtain an order, that the bill be referred to a master for scandal or impertinence, and if the master reports that it is scandalous or impertinent, the court, upon the defendant's applica

tion, will make another order, that such improper matter be expunged by the master, and that the defendant be allowed his costs. In consequence of this order, the clerk in court, with whom the bill is filed, will attend before the master, who will strike his pen through the objectionable words, setting his initials against the parts so expunged. But if the master reports that the bill is not scandalous or impertinent, the party procuring the reference pays the costs of it. Either party may except to the master's report. (a) A bill cannot be referred for impertinence after answer, nor even after submitting to answer, as by praying time ;(b) but it may be referred for scandal at any time,(c) in order to preserve the purity of the records of the court.(d)

If a bill is scandalous, it is impertinent of course; but it may be impertinent, without being scandalous. Nothing relevant is scandalous, and the majus or minus of the relevancy is not material.(e)

(a) Newland, 37. 2 Mad. 221.

(b) 2 Ves. 631.

(c) 2 Ves. 631. 1 Dick. 173,

(d) 5 Ves. 656. 2 Mad, 221.1
(e) 1 Ves. 24. Fenhoulet v. Passavant.

REFERENCE TO REPORT ON AND SELL MORTGAGED PRE

MISES.

Special Contents.

I. Of obtaining such reference, and proceedings thereon.

II. Form of order of reference.

III. do. of master's report of amount due.

IV. do. of affidavit of regularity.

V. do. order of sale of premises.

VI. Sales before the master.

1. Statutes respecting such sales.

2. Advertisement.

3. Fees of the master.

4. Decisions respecting sales before the master.

5. Filing the mortgage with the register before the deed is

executed.

6. Deed of the master.

7. Master's report of sale.

ing such refer

ceedings there

on.

In the preceding part of this treatise, under the title 1: Of obtainof foreclosure, equity of redemption, as well as ap-ence, and propearance, which points out the mode of proceeding in order to take a bill pro confesso against a defendant mortgagor, commencing with page 56, and extending to 80, having treated on the subject of mortgages, it is here contemplated to continue this subject, under the title of a reference to a master to report on and sell mortgaged premises-being the next step necessary to be taken by the mortgagee in order to foreclose the equity of redemption, and recover his money with interest and costs. And for this end, it is provided by the ninety-first rule of court, that on bills to procure a foreclosure, or satisfaction of any mortgage, if the same shall have been taken pro confesso, according to the rules and practice of the court, the

complainant may thereupon, at any time, enter as of course, a rule for a reference to a master residing in any county of this state, to compute the amount due on the same; but every such cause shall be regularly set down for hearing, at term, upon the report, before a final decree, and shall have preference to other causes on the calendar. And in order to guard against collusion and oppression, it shall be incumbent on the complainant, on every such hearing, to show by affidavit or otherwise, to the satisfaction of the court, the regularity of the proceeding to take the bill pro confesso.

The preceding rule applies to cases where the bill is taken pro confesso, when a reference may be made to a master immediately, who proceeds in the manner before pointed out, and makes his report; at the first term of the court thereafter, the plaintiff's solicitor produces to the court the master's report, and an affidavit of the regularity of the proceedings to take the bill pro confesso, and thereupon moves for the confirmation of the report, and for an order to sell the premises.

The same course is substantially adopted where the defendant appears and makes defence, except only that in this case, the order of reference to compute the amount due, is made upon a formal hearing of the cause, and the parties are called before the master in the ordinary mode by summons; and the report of the master being filed, the cause is brought on upon the report for further directions to obtain the decree or order, for the sale of the mortgaged premises.(a) A decree of sale, entered immediately on filing the re

(a) Dean v. Coddington, 2 Johns. Chan. Rep. 201.

port was set aside for irregularity.(b) But where the bill has been taken pro confesso, and no person appears for the defendants, then these notices are not necessary, and a decree for sale is made upon filing the affidavit of irregularity and the master's report, and on motion in open court. The order for sale must contain the particular boundaries of the mortgaged prenises, so far at least as the same can be ascertained from the mortgage.(c)

Order of reference to a master to compute the amount due.

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The bill filed by the complainant in the above cause 2. Order having been taken pro confesso against all the said de- reference. fendants, thereupon, and on motion of Mr.

the solicitor for the said complainant, it is ordered, adjudged and decreed, that it be referred to one of the masters of this court, to compute and ascertain the amount due to the complainant from the said C. D. for principal and interest on the several bonds and mortgages mentioned and set forth in the said complainant's bill of complaint, and that he make report thereon to this court with all convenient speed; and all further directions are reserved until the coming in of the said report.

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