Master

2 A person authorized to control another or others in some relation, or charged with the execution of a service as an assistant to a court of equity.

1.

He to whom an apprentice is indentured. "Master and servant" expresses the relation between the parties. See further Apprentice.

2.

He who hires another to serve him as a domestic or as a common laborer; an employer. 3 "Master and servant" expresses the relation in private life, founded in convenience, whereby a man calls in the assistance of others when his own skill and labor is not sufficient to answer the cares incumbent upon him.' See further Servant.

3.

Any person having the chief charge or command of the employment and navigation of a vessel.* See Ship, 3.

4.

An officer of a court of chancery to whom was referred a bill alleged to contain scandalous or impertinent matter. 5 An officer whose duty was to make inquiries, when so directed by the court, into matters which, from the constitution of the court, it could not conveniently, without assistance, make for itself, and to report to the court his findings or conclusions.^ Clerks, commissioners, and referees now perform many matters formerly entrusted to masters. Their chief duties are to make inquiries, take accounts, sell estates, and adjust other matters, before there can be a final disposition of a cause.'' A master is appointed in an equity case to sift the testimony and to collate and report the facts. He is both an examiner and master. Having heard the witnesses and familiarized himself with the case, he is competent to pass upon the credibility of witnesses and to judge of the evidence. By his being fully possessed of the case, the dispute is likely to be confined to the real grounds of the controversy. ^ The document exhibiting his findings and conclusions is called his "report; " the office of which is to present the case to the court in such a manner that intelligent action may be had; and it is this action that finally determines the rights of the parties.^ ■ Holland v. Alcock, 108 N. Y. 318, 316 See generally 32 Alb. Law J. 367-70 (1885), cases. ' F. maister: L. magister; magnus, great. Compare Maglstrate. s [1 Bl. Com. 423. < R. S. § 2768; 20 Wend. 182; 41 How. Pr. 73. « [3 Bl. Com, 442, 450. • [Holthouse's Law Diet.] ' Beebe v. Eussell, 19 How. 285i«6 (1856). He must follow the directions contained in the order of his appointment.' The court will review the report only as to matters specified in exceptions tiled thereto, and the parts of,th6 evidence particularly referred to.' It may set aside the report for manifest error in law or fact, or recommit it, if the means of correction are furnished.' When, by reason of the large amount of equity business, it is impossible for a court to examine every case in detail, its attention may be brought directly to the points of the contest by a preliminary hearing before a master, who can take time to examine the case thoroughly; and report upon it intelligently and accurately. The effect is to eliminate what is undisputed, and to develop the true points of contest. The proceeding before the master develops the rights and liabilities of the parties for the court's consideration; the party dissenting from the master's views bringing the points into review by exceptions. What shall be referred to a master, general or special, is a matter in the discretion of the court., Properly speaking, no report is conclusive. That would be to make the judgment of an officer performing an ancillary service superior to the judgment of the court itself. When he reports facts directly proved by the witnesses, the court will give his report great weight, because of his superior opportunities for judging of the credibility of the witnesses and the effect of their testimony. But when the fact is a deduction merely from the facts reported by him, his conclusion is simply a result of reasoning, of which the court is as competent to judge as he. Hence, the report is neither a decision nor an infallible guide, but a serviceable instrumentality toaid the court in performing its own functions.* See Final. The compensation of masters, whose functions are judicial, may be measured by the standard of judicial salaries.' See Costs; Fee, 2. ^ Master of the rolls. One of the judges of the English court of chancery. He formerly had the custody.of the rolls of all patents and grants which passed the great seal, and of the records of chancery. He presided in the Eo Us Court, as assistant to the lord chancellor. His jurisdiction is now transferred to the supreme court of judicature.' Mate, See Marinee; Ship, 3.