Upon reading and filing the report of I. H. Esquire, one of the masters of this honorable court, made in this cause, and bearing date the twenty-ninth day of October, one thousand eight hundred and sixteen, by which report it appears that pursuant to a decretal order made in this cause the day of October, 1816, the report heretofore made by the said master in this cause, bearing date the day of in the year of our Lord 1816, having been referred back to him the said master, he had altered and corrected the same according to the directions contained in the said decretal order; and had in other particulars pursued the directions of the said order, and that upon taking and stating the accounts directed by the said order to be taken and stated there was a balance due from C. D. the defendant to A. B. the complainant, on the day of the date of the said report, of $ Thereupon, and the counsel of the parties having been heard thereon, it is ordered, adjudged and decreed, and his honor the Chancellor in virtue of the powers and authority of the court, doth order, adjudge and decree, that the said report be absolutely confirmed in all things, that the defendant C. D. pay to the complainant A. B. the said sum of $ reported by the said master to be due from the said defendant to the said complainant, and that the defendant do farther pay to the complainant his costs in the above suit to be taxed. And that the said complainant have execution thereof, and that interest be added to the amount decreed, and that the complainant have execution thereof. If interest is not given as it ought to have been by the decree, or reserved, it is strictly a matter of rehearing; but if the point is made on a hearing for fur ther directions it may be given, (a) for upon further directions the court may add to the decree.(b) But although you may add to the decree upon further directions, yet to aller the decree itself, in the minutest particular, the cause must be reheard,(c) unless it be in the case of a charity.(d) And after the usual decree for an account against an administrator, you cannot in the cause coming on for further directions, obtain by petition, on facts disclosed by affidavits, a reference to the master, to make inquiries as to the balances in his hands from time to time, with a view to charge him with interest.(c) An order made upon further directions, is a decretal order, and cannot be discharged on motion, and its being by consent will make no difference.(f) And if, even by a clerical misprision, any thing was inserted in the order as by consent, to which the party had not consented, it must it seems be rectified by a bill of review, and cannot be done by motion.(g) Since the preceding part has been in print, the attention of the compiler has been particularly drawn to that part of the case of Remsen and Remsen, wherein his honor the chancellor directs the mode of proceeding (a) 2 Mad. 396. Creuze v. Hunter, 4 Bro. 318. Sammes v. Rickman, 2 Ves. jun. 36. Goodyere v. Lake, Ambl. 584. (b) 2 Ves. jun. 584. (c) Lord Shipbrooke v. Lord Hinchinbrook, 13 Ves. 394. 2 Mad. 396. (d) Attorney General v. Whitely, 11 Ves. 241. (e) 14 Ves. 502. Newland, 138. (f) 2 Mad. 396. (g) Ib. Mad. Anon. 1 Ves. jun. 93. when the parties and witnesses are examined before the master. It is there said, (h) that "the testimony may be taken in the presence of the parties or their counsel if they choose to attend, (except when by a special order of the court it is to be in secret,) and ought to be reduced to writing in cases where the master shall deem it desirable by him or under his direction, as well where a party as where a witness is examined." The question which here occurs, is whether under this direction the master is authorized to examine a party, and himself reduce to writing the deposition or examination of the party. It will be recollected that according to the English practice, which we have followed hitherto, although not by any positive direction of our own court, the examination and answers of a party to the interrogatories filed for his examination, are drawn by his solicitor, and merely sworn to before a master after being prepared in the same manner as the defendant's answer to the complainant's bill, and then the original is filed with the master, and a copy served upon the opposite party.(i) Is it intended by the court to alter the practice in this respect, and to allow the master to examine the party? It must be obvious that as far as such party is concerned, it is of essential consequence whether the one course or the other is adopted. If the master conducts the examination, the conscience of the party will be deeply probed, and the whole truth will be thoroughly sifted and searched; the more particularly if the opposite party and his counsel attend at such examination. This may not happen if the examination is drawn by the solicitor in the privacy and retirement of his office. But the compiler cannot un (A) Vide. Ante, p. 223. sec. 4. (i) Ante, p. 235—6. 238. dertake to pronounce whether our practice is changed by those words in a particular so important. He is satisfied with calling the attention of the profession to the point, that it may receive from them, and by their means from the court; its correct interpretation. REFERENCE TO REPORT ON EXCEPTIONS TO AN ANSWER. Special Contents. I. Of the exceptions and the time of filing them. II. They must be filed with the clerk. III. When exceptions may and may not be taken. IV. Rules respecting sufficiency, &c. of answers. V. Of referring the exceptions to a master; and his report thereon. VI. Of subpoena for better answer. VII. Of submitting to exceptions-further answer-and amend ments. VIII. Proceeding when further answer is insufficient. IX. Of exceptions to master's report. X. Costs of exceptions. XI. Form of exceptions to the answer. XII. do. of order to refer same to the master. XIII. do. of master's report thereupon. XIV. do. of exceptions to the master's report. XV. do. of order upon hearing of these exceptions. ceptions and THE defendant is required by the bill to answer the 1. Of the exmatters stated therein, according to the best of his time of filing knowledge, remembrance, information and belief. If them. the answer of the defendant, when filed, appears to be defective in any of these particulars, it is said to be insufficient, and the plaintiff may take advantage of such 2. Must be clerk. insufficiency by taking exceptions thereto. In like manner, if the answer contain matter not relevant or defamatory, it is said to be impertinent or scandalous, and may be excepted to on either of these accounts. The plaintiff must determine at his own risk on what points he shall take exceptions, and is allowed three weeks after notice of the defendant's answer being filed within which to except to the same.(a) After which time, if he does not except, or file a replication, or set down the cause for hearing on bill and answer, a decree for a dismissal of the bill may be entered at the next or any subsequent term, unless there be good cause shown to the contrary.(b) But the complainant may, after the expiration of the three weeks, within a reasonable time, obtain leave of the court to file exceptions. If exceptions are filed, it is then for the defendant to consider, whether he has sufficiently answered as to all, or any, or which of these points of the answer that are excepted to, and may submit to answer all or some, or may argue the question upon the sufficiency of the answer first before the master, and afterwards on exceptions to his report before the chancellor.(c) When exceptions are filed to a defendant's answer, Aled with the they shall be filed with the clerk, (d) whereas, when the exceptions are to a master's report, they are filed with the register or assistant register. As was before mentioned, exceptions must in every case briefly and clearly specify the matter excepted to, and the cause thereof, and are invalid as to any matter not so specified. The party taking exceptions must also forth (a) Rule 12. (c) 2 Mad. 271. 11 Ves. 577. 190. (d) Rule 57, |