Page:Federal Reporter, 1st Series, Volume 9.djvu/874

HATCH V. INDIANAPOIilS & SPBINGFIELD E. 00. 859 �when the parties are fully heard, and their respective points and posi- tions are fully stated to and understood by the trier. Thia case was argued at great length before the master, and he, no doubt, compre- hended the exact points in controversy. If the complainant's motion should be sustained, his counsel would probably go before the mas- ter, and, in support of objections to the draft, again repeat the argu- ments that he urged in the first instance. �It is not the practice in this district, nor, as I understand, in this circuit, for the master, after hearing full argument, to prepare a draft of his report and then notify the parties and summon them to make objections, When the case bas been fully argued'in the first instance, the legal right of the unsuccessful party to go before the master, make objections to the draft of the report, and argue those objections, is not recognized in practice. �The equity rules provide for conducting references before masters in a simple and expeditions manner. It is fair to assume that in adopting these rules the supreme court meant to dispense with the old^ formalities incident to settling the master's report. Eule 77 pro- vides that the — �•"Master shall regulate all the proceedings in every hearing bei'ore him, upon every such reference, * * * " and " the master," says rule 83, " as soon as his report is ready, shall return the same into the clerk's office, and the day of the retum shall be eutered by the elerk in the order bock. The parties shall have one month from the filing of the report to flle exceptions thereto; and if no exceptions within that period are flled by either party, the report shall stand conflrmed the next rule-day after the month is expired. If exceptions are flled, they shall stand for hearing before the court, if the court is then in session ; or, if not, at the next sitting of the court which shall be held thereaf ter." �Nothing is said here, or in any of the other rules relating to prac- tice before masters, about notice to parties that the report is in draft, and to appear before the master and settle it. "As soon as his re- port is ready," "the master shall retarn it into the clerk's ofi&ce," and "the parties shall have one month from the filing of the report to file exceptions thereto." The report is ready, within the meaning of rule 83, when it is written. �It is not necessary to refer to the practice of the high court ot chancery in England, as it existed in 1842, for the formalities attend- ing the settlement or making of masters' reports, and the entering of exceptions thereto. These matters are provided for in the equity rules. I have considered the only question that seemed to be relied ��� �