Order of reference to a master, on exceptions to an answer.

In Chancery.

A. B. Complainant,

Between

and

C. D. Defendant.

The complainant having filed exceptions to the an- 12. Order of swer of the defendant in this cause, on motion of I. H. reference of exceptions. Esq. of counsel for the said complainant, it is ordered, that it be referred to one of the masters in chancery, for the state of New-York, to look into the complainant's bill of complaint, the answer of the defendant, and the exceptions put in thereto, and to report to this court, with all convenient speed, whether the said answer is sufficient in the points excepted to or not.

In pursuance of an order of this honorable court, 13. Master's made in the above cause, the day of

report upon 1816, exceptions.

by which it is referred to one of the masters of this court, to look into the complainant's bill, the answer of the defendant, and the exceptions put in to the same, and to report whether the answer be sufficient in the parts excepted to by the complainant for insufficiency or not; and whether the said answer doth contain matter not relevant and impertinent to the matter in controversy in this cause, in such parts as are excepted to

by the complainant for irrelevance and impertinence, and whether the answer doth contain scandalous matter in such parts as are excepted to by the complainant as scandalous, and in what the said insufficiency, irrelevance, impertinence and scandal, and each of them consist:

I, the subscriber, one of the masters of this honorable court, do report, that I have looked into the said bill, answer and exceptions, and having heard the parties by their counsel upon the matters so referred to me, and duly considered their arguments, I am of opinion, that the first exception is well taken.

1st. The defendant has not given any answer at all to the matter of the first exception.

2d. The second exception, I am also of opinion is well taken, inasmuch as the defendant has not distinctly and positively answered, whether, &c. &c. he only says, that, &c.

3d. As to the third exception, I am of opinion, that so much of the defendant's said answer, as is contained between" New-York" and " Albany," in the first page of the certified copy of the said answer produced before me, is irrelevant.

This part of the defendant's answer sets forth, &c. The matters have not any connection with the matters in controversy between the parties in this cause, nor do they, as set forth by the said defendant, in any way whatsoever, vary or affect the rights or claims of either of the said parties.

There are certain other parts of the said answer of the said defendant, which are excepted to as irrelevant and impertinent, which facts I do not consider as being so, and as to which I do not therefore allow the said exceptions. The facts of the answer last above re

ferred to, are contained between the words, &c. and the words, &c.

It does not appear to me, that this part of the complainant's bill could be properly answered, otherwise than the defendant hath answered it. The counsel for the complainant insisted, that the answer should have consisted of a short reference to the deed, but does not appear to me, that the reference could have been shorter than the defendant has made it, and at the same time contain all the material points necessary to be set forth in such a reference.

As to the exception for scandal, I disallow the same, not having found in the said bill, what is in my opinion, scandalous matter; that part of the bill which is excepted to by the complainant, as such, being, in my opinion, but pertinent answers to the allegations of fraud, forgery and deceit, with which the complainant has charged the defendant.

All which is respectfully submitted.

exceptions to

Exceptions taken by the defendant, to the report of 14. Form of I. H. Esq. one of the masters of this honorable court, master'sreport. made on a reference of the answer of the said defendant, and of the exceptions of the complainant taken to the said answer.

1st Exception. For, that the said master has reported, that the defendant had given no answer to the mat

ter of the first exception: whereas, the defendant insists, that he has fully and completely answered the matter of the said first exception, as far as the defendant was bound and compellable to answer the same, and that such answer thereto is sufficient and perfect.

2d Exception. For, that the said master hath, in and by his said report, certified, that in his opinion, certain parts of the said answer referred to in his said report are irrelevant-and has stated at large the reasons of his opinion; the said defendant insisting, that those parts of his said answer referred to in said report and certificate as irrelevant, are not irrelevant, doth therefore except to the opinion of the said master as erroneous, and to the reasoning upon which the said professes to be founded as erroneous. In all which particulars, the said defendant doth except to the said master's report, and humbly appeals therefrom to the judgment of this honorable court.

G. H. Sol'r. for Def't.
L. M. of Counsel.

Order of the court on the exceptions to the master's

15. Order

The exceptions taken by the defendant, to the reupon hearing port of I. H. Esq. one of the masters of this court,

of the excep

tions.

made on a reference to the said master, to look into the complainant's bill, the defendant's answer, and exceptions of the complainant taken to such answer, coming on to be heard this day, and the subject matter

of the said exceptions having been argued and de-
bated by Mr.
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 al-
lowed 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: Refer

for scandal or

It may be proper here to observe, that if the bill ence of bills 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