2. - 2. Master is one who is employed in teaching children, known generally as a schoolmaster; as to his powers, see Correction.
3.
- 3. Master is the name of an officer: as, the ship Benjamin Franklin,
whereof A B is master; the master of the rolls; master in chancery,
&c.
4.
- 4. By master is also understood a principal who employs another to
perform some act or do something for him. The law having adopted the
maxim of the civil law, qui facit per alium facit per se; the agent is
but an instrument, and the master is civilly responsible for the act of
his agent, as if it were his own, when he either commands him to do an
act, or puts him in a condition, of which such act is a result, or by
the absence of due care and control, either previously in the choice of
his agent, or immediately in the act itself, negligently suffers him to
do an injury. Story, Ag. 454, note; Noy's Max. c. 44; Salk. 282; 1 East.
R. 106; 1 Bos. & Pul. 404; 2 H. Bl. 267; 5 Barn. & Cr. 547; 2
Taunt. R. 314; 4 Taunt. R. 649; Mass. 364, 385; 17 Mass. 479, 509; 1
Pick. 47 5; 4 Watts, 222; 2 Harr. & Gill, 316; 6 Cowen, 189; 8 Pick.
23; 5 Munf. 483. Vide Agent; Agency; Driver; Servant.
MASTER AT COMMON LAW, Engl.
law. An officer of the superior courts of law, who has authority for
taking affidavits sworn in court, and administering a variety of oaths;
and also empowered to compute principal and interest on bills of
exchange and other engagements, on which suit has been brought; he has
also the power of an examiner of witnesses going abroad, and the like.
MASTER IN CHANCERY. An officer of the court of chancery.
2.
The origin of these officers is thus accounted for. The chancellor from
the first found it necessary to have a number of clerks, were it for no
other purpose, than to perform the mechanical part of the business, the
writing; these soon rose to the number of twelve. In process of time
this number being found insufficient, these clerks contrived to have
other clerks under them, and then, the original clerks became
distinguished by the name of masters in chancery. He is an assistant to
the chancellor, who refers to him interlocu-tory orders for stating
accounts, computing damages, and the like. Masters in chancery are also
invested with other powers, by local regulations. Vide Blake's Ch. Pr.
26; 1 Madd. Pr. 8 1 Smith's Ch. Pr. 9, 19.
3. In England there are two kinds of masters in chancery, the ordinary, and the extraordinary..
4.
- 1. The masters in ordinary execute the orders of the court, upon
ref-erences made to them, and certify in writing in what manner they
have executed such orders. 1 Sm. Ch. Pr. 9.
5.
- 2. The masters extraordinary perform the duty of taking affidavits
touching any matter in or relating to the court of chancery, taking the
acknowledgment of deeds to be enrolled in the said court, and taking
such recognizances, as may by the tenor of the order for entering them,
be taken before a master extraordinary. 1 Sm. Ch. Pr. 19. Vide,
generally, 1 Harg. Law Tr. 203, a Treatise of the Maister of the
Chauncerie.
MASTER OF THE ROLLS. Eng. law. An officer who bears this title, and who acts as an assistant to the lord chancellor, in the court of chancery.
2.
This officer was formerly one of the clerks in chancery whose duty was
principally confined to keeping the rolls; and when the clerks in
chancery became masters, then this officer became distinguished as
master of the rolls. Vide Master in Chancery.
MASTER OF A SHIP, mar. law. The commander or first officer of a ship; a captain. (q. v.)
2.
His rights and duties have been considered under the article Captain.
Vide also, 2 Bro. Civ. Adm. Law, 133; 3 Kent, Com. 121; Wesk. Ins. 360;
Park. on Ins. Index, h. t.; Com. Dig. Navigation, I 4.
No comments:
Write comments