master

every person having the command of any ship belonging to any citizen of the United States shall, within the meaning and for the purposes of this act, be deemed and taken to be the 'master' of such ship

One who has control over an apprentice. A master stands in relation to his apprentices in loco parentis, and is bound to fulfill that relation, which the law generally enforces. He is also entitled to be obeyed By his apprentices as if they were his children, Bouv. Inst. Index. See "Apprenticeship." - One who is employed in teaching children; known, generally, as a "schoolmaster." One who has in his employment one or more persons hired by contract to serve him, eitjier as domestic or common laborers. common law (each court having five), whose principal duties, when attending court, consists in taking affidavits sworn in court, in administering oaths to attorneys on their admission, and in certifying to the court, in cases of doubt or difficulty, what the practice of the court is. Their principal duties out of court consist in taxing attorneys' costs, in computing principal and interest on bills of exchange, promissory notes, and other documents, under rules to compute, in examining witnesses who are going abroad for the purpose of obtaining their testimony, in hearing and determining rules referred to them by the court in the place of the court itself, and in reporting to the court their conclusions with reference to the rules so referred to them. Holthouse. MASTER IN CHANCERY (anciently master of the chancery) (Law Lat. magister eancellariae).

In equity practice. An important officer of courts of equity, who acts as assistant to the chancellor or judge, and whose principal duty consists in inquiring into various matters referred to him for the purpose, and reporting thereon to the court. Wharton; Holthouse. 180 111. App. 538; 169 111. 495. In England, there are twelve of these masters, of whom the master of the rolls is the chief. These officers were originally the chief clerks of the chancery (clerici de prima forma), 180 111. App. 538; 169 111. 495; who acted as the assessors or council of the lord chancellor {collaterales et socii cancellarii). 2 Reeve, Hist. Eng. Law, 251. According to Mr. Spence, they obtained the title of "masters" in the reign of Edward III. 1 Spence, Ch. 360. But they appear to have had the title of praeceptores at a much earlier period. 2 Reeve, Hist. Eng. Law, ubi supra; Crabb, Hist. Eng. Law, 1§4.

In Scotland, the title of the eldest son of a viscount or baron. Cent. Diet.

One having authority; one who rules, directe, instructs or superintends ; a head or chief; an instructor; an employer. Applied to several judicial officers. See infra.

— Master aud servant. The relation of master and servant exists where one person, for pay or other valuable consideration, enters into the service of another and devotes to him his personal labor for an agreed period. Sweet.

— Master at common law. The title of officers of the English superior courts of common law appointed to record the proceedings of the court to which they belong; to superintend the issue of writs and the formal proceedings in an action; to receive and account for the fees charged on legal proceedings, and moneys paid into court. There are five to each court. They are appointed under St. 7 Wm. IV. and 1 Viet, c. 30, passed in 1837. Mozley & Whitley.

— Master in chancery. An officer of a court of chancery who acts as an assistant to the judge or chancellor. His office is to inquire into such matters as may be referred to him by the court, examine eausdb, take testimony, take accounts, compute damages, etc., reporting his findings to the court in such shape that a decree may be made; also to take oaths and affidavits and acknowledgments of deeds. In modem practice, many of the functions of a master are performed by clerks, commissioners, auditors, and referees, and in some jurisdictions the office has been superseded. See Kimberly v. Arms, 129 U. S. 512, 9 Sup. Ct 355, 32 In Ed. 764; Sehuchardt v. People, 99 111. 501, 39 Am. Rep. 34.

— Master in lnnacy. In English law. The masters in lunacy are judicial officers appointed by the lord chancellor for the purpose of conducting inquiries into the state of mind of persons alleged to be lunatics. Such inquiries usually take place before a jury. 2 Steph. Comm. 511-513.

— Master of a ship. In maritime law. The commander of a merchant vessel, who has the chief charge of her government and navigation and the command of the crew, as well as the general care and control of the vessel and cargo, as the representative and confidential agent of the owner. He is commonly calied the "captain." See Martin v. Farnsworth, 33 N. Y. Super. Ct 26O; Hubbell v. Denison, 20 Wend. (N. Y.) 181.

— Master of the crown office. The king's coroner and attorney in the criminal department of the court of king's bench, who prosecutes at the relation of some private person or common informer, the crown being the nominal prosecutor. St. 6 & 7 Viet c. 20; Wharton.

— Master of the faculties. In English law. An officer under the archbishop, who grants licenses and dispensations, etc.

— Master of the horse. In English law. The third great officer of the royal household, being next to the lord steward and lord chamberlain. He has the privilege of making use of any horses, footmen, or pages belonging to the royal stables.

— Master of the mint. In English law. An officer who receives bullion for coinage, and pays for it, and superintends everything belonging to the mint. He is usually calied the "warden of the mint." It is provided by St. 33 Viet. c. 10, § 14, that the chancellor of the exchequer for the time being shall be the master of the mint.

— Master of the ordnance. In English law. A great officer, to whose care all the royal ordnance and artillery were committed.

— Master of the rolls. In English law. An assistant judge of the court of chancery, who holds a separate court ranking next to that of the lord chancellor, and has the keeping of the rolls and grants which pass the great seal, and the records of the chancery. He was originally appointed only for the superintendence of the writs and records appertaining to the common-law department of the court, and is still properly the chief of the masters in chancery. 3 Steph. Comm. 417. Under the act constituting the supreme court of judicature, the master of the rolls becomes a judge of the high court of justice and ex officio a member of the court of appeal. The same act, however, provides for the abolition of this office, under certain conditions, when the next vacancy occurs. See 36 & 37 Viet. c. 66, §§ 5, 31, 32.

— Masters of the supreme court. In English law. Officials deriving their title from Jud. (Officers') Act 1879, and being, or filling the places of, the sixteen masters of the common-law courts, the .queen's coroner and attorney, the master of the crown office, the two record and writ clerks, and the three associates. Wharton.

— Master of the Temple. The chief ecclesiastical functionary of the Temple Church.

— Master's report. The formal report or statement made by a master in chancery of his decision on any question referred to him, or of any facis or action he has been directed to ascertain or take.

— Special master. A master in chancery appointed to act as the representative of the court in some particular aet or transaction, as, to make a sale of property under a decree. Guaranty Trust, etc., Co. v. Delta & Pine Land Co.., 104 Fed. 5, 43 C. C. A. 396; Pewabic Min. Co. v. Mason. 145 U. S. 349, 12 Sup. Ct. 887, 36 L. Ed. 732.

— Taxing masters. Officers of the English supreme court, who examine and allow or disallow items in bills of costs.

A person having authority; one who directs or superintends or instructs; one who has superior skill; one who hires or employs; one who has command of a merchant vessel and care of the cargo. Master in chancery: an officer of a court of chancery who acts as an assistant to the chancellor, and whose principal duty consists in inquiring into various matters referred to him for the purpose, and reporting thereon to the court In English law. Master at common law: an officer of the superior ministering oaths to attorneys on their admission, and in certifying to the court, in cases of doubt or difficulty, what the practice of the court was. The principal duties out of court consisted in taxing attorneys' costs, in computing interest, in examining witnesses who were going abroad, and in hearing and determining rules referred to them by the court Master of the crown office: the Queen's coroner and prosecuting attorney in the criminal department of the \ court of Queen's Bench. Master of the rolls: a judge who holds a chancery court ranking next to that of the Lord Chancellor, and who has the keeping of the rolls and grants which pass the great seal, and the record of the chancery. He was originally appointed only for the superintendence of the writs and records appertaining to the common-law department of the court, and is still properly the chief of the masters in chancery.

One having authority; one who rules, directs, Instructs, or superintends; a head or chief; an instructor; an employer. Applied to several judicial officers. See tnjra.

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.

A designation bestowed on persons in several distinct relations or offices, authorized to control others. Master and apprentice. In the relation of apprenticeship, the master is the party to whom the apprentice is indentured. He engages to maintain him for the term prescribed, and to teach him his trade, and to do other things enumerated in the indentures. He stands in loco parentis to the apprentice. See Apprentice. Master in chancery. The title of an officer in courts of chancery whose functions are to assist the chancellor in ters referred to him by the chancery judges, to take accounts and compute damages; also to take oaths, affidavits, and acknowledgments of deeds and recognizances. The term is less used than formerly, the office, in that particular form, having been in many jurisdictions discontinued. Clerks, commissioners, and referees now perform many matters formerly entrusted to masters. The masters in chancery were officers whose duty it was to make inquiries, when so required by the court, into matters which, from the constitution of the court, it could not conveniently, without the assistance of such officers, make for itself, and to report to the court their findings or conclusions with respect to such matters. The duties of these masters were of a mixed character, being partly judicial and partly ministerial, the powers which they possessed in both respects having been delegated to them by the court. Whenever a master had acted in obedience to the directions of the«court, he used to inform the court, by a document in writing, of what he had done, or what conclusion he had come to; and, in most cases, this document was called the master's report. The masters in chancery, in addition to their ordinary functions, acted as messengers from the house of lords to the house of commons. There were also certain other officers of the court of chancery, called masters extraordinary in chancery. These were usually sohcitors who were appointed by the court to act in the various counties of England in taking affidavits, acknowledgments of deeds, recognizances, &c., which otherwise would have had to be taken before the masters in London, and would thus have occasioned to the suitors loss of time and expense in coming to London for that purpose. The duties formerly discharged by the masters in ordinary in chancery are now discharged by the chief clerks attached to the offices of the various judges; those formerly discharged by the masters extraordinary are now disoharged by solicitors qualified as commissioners for taking oaths throughout the kingdom. Broum. Master at common law. The title of officers of the English superior courts of common law appointed to record the proceedings of the court to which they belong; to superintend the issue of writs and the formal proceedings in an action; to receive and account for the fees charged on legal proceedings, and moneys paid into court. There are five to each court. They are appointed under Stat. 7 Wm. IV. & 1 Vict, eh. 30, passed in 1837. Mozky ^ W. Master of the crown of Gce. The title of the queen's coroner and attorney in the criminal department of the court of informer, the crown being the nominal prosecutor. Wharton. Master in lunacy. The masters' in lunacy are judicial officers appointed by the lord chancellor for the purpose of conducting inquiries into the state of mind of persons alleged to be lunatics. Such inquiries usually take place before a jury. 2 Steph. Com. 511-513. Master's report, in equity practice, signifies the formal statement made by a master of his decision on any question referred to him, or of any facts or action he has been directed to ascertain or take. Master of the rolls. One of the judges of the English court of chancei-y, as it was formerly constituted, whose jurisdiction is now transferred to the supreme court of judicature. He was originally one of the masters in chancery; and his earliest judicial attendances seem to have been merely as assessor to the chancellor, with the other masters. He is called master of the rolls in Stat. H Hen. VII. ch. 18; and his character as an independent judge was fully established in the reigii of George II. He has been ranked next after the lord chief justice of the queen's bench, and above the lord chief justice of the common pleas, the lord chief baron of the exchequer, and the lords justices of appeal in chancery, though the latter sat as judges to hear appeals from his decisions. Master and servant. In former English law, this was a relation quite distinctly marked and regulated; but, throughout the United States at the present day, master in this connection means little else than employer. Master of a ship. The title of the officer first in command of a vessel in the merchant service. The master's authority over a merchant ship is similar to that of the captain on board a vessel of war; and the title captain is often applied to him. For a mention of many other officers known to former English law under the title of master, see Jacob's, Tomlins', and Wharton's dictionaries.

This word has several meanings. 1. Master is one who has control over a servant or apprentice. A master stands in relation to his apprentices, in loco parentis, and is bound to fulfil that relation, which prentices, as if they were dren.—2. Master is one who ployed in teaching children, generally as a school master; powers, see Correction.—3. is the name of an officer; as, Benjamin Franklin, whereof master; the master of the master in chancery, &c.