tion, will make another order, that such improper matter be expunged by the master, and that the defendant be allowed his costs. In consequence of this order, the clerk in court, with whom the bill is filed, will attend before the master, who will strike his pen through the objectionable words, setting his initials against the parts so expunged. But if the master reports that the bill is not scandalous or impertinent, the party pro curing the reference pays the costs of it. Either party may except to the master's report. (a) A bill cannot be referred for impertinence after answer, nor even after submitting to answer, as by praying time ;(b) but may be referred for scandal at any time,(c) in order to preserve the purity of the records of the court.(d) it If a bill is scandalous, it is impertinent of course; but it may be impertinent, without being scandalous, Nothing relevant is scandalous, and the majus or minus of the relevancy is not material.(e) (a) Newland, 37. 2 Mad. 221. (b) 2 Ves. 631. (c) 2 Ves. 631. 1 Dick. 173, (d) 5 Ves. 656. 2 Mad. 221. REFERENCE TO REPORT ON AND SELL MORTGAĜED PRE MISES. Special Contents. 1. Of obtaining such reference, and proceedings thereon. II. Form of order of reference. III. do. of master's report of amount due. IV. do. of affidavit of regularity. V.. do. order of sale of premises. VI. Sales before the master. 1. Statutes respecting such sales. 2. Advertisement. 3. Fees of the master. 4. Decisions respecting sales before the master. 5. Filing the mortgage with the register before the deed is executed. 6. Deed of the master. 7. Master's report of sale. ing such refer ceedings there on. In the preceding part of this treatise, under the title 1: Of obtainof foreclosure, equity of redemption, as well as ap-euce, and propearance, which points out the mode of proceeding in t order to take a bill pro confesso against a defendant mortgagor, commencing with page 56, and extending to 80, having treated on the subject of mortgages, it is here contemplated to continue this subject, under the title of a reference to a master to report on and sell mortgaged premises-being the next step necessary to be taken by the mortgagee in order to foreclose the equity of redemption, and recover his money with interest and costs. And for this end, it is provided by the ninety-first rule of court, that on bills to procure a foreclosure, or satisfaction of any mortgage, if the same shall have been taken pro confesso, according to the rules and practice of the court, the complainant may thereupon, at any time, enter as of course, a rule for a reference to a master residing in any county of this state, to compute the amount due on the same; but every such cause shall be regularly set down for hearing, at term, upon the report, before a final decree, and shall have preference to other causes on the calendar. And in order to guard against collusion and oppression, it shall be incumbent on the complainant, on every such hearing, to show by affidavit or otherwise, to the satisfaction of the court, the regularity of the proceeding to take the bill pro confesso. The preceding rule applies to cases where the bill is taken pro confesso, when a reference may be made to a master immediately, who proceeds in the manner before pointed out, and makes his report; at the first term of the court thereafter, the plaintiff's solicitor produces to the court the master's report, and an affidavit of the regularity of the proceedings to take the bill pro confesso, and thereupon moves for the confirmation of the report, and for an order to sell the premises. The same course is substantially adopted where the defendant appears and makes defence, except only that in this case, the order of reference to compute the amount due, is made upon a formal hearing of the cause, and the parties are called before the master in the ordinary mode by summons; and the report of the master being filed, the cause is brought on upon the report for further directions to obtain the decree or order, for the sale of the mortgaged premises.(a) A decree of sale, entered immediately on filing the re (a) Dean v. Coddington, 2 Johns. Chan. Rep. 201. port was set aside for irregularity.(b) But where the Order of reference to a master to compute the amount due. In Chancery. Between A. B. Complainant, and C. D. E. F. G. H. Defendants. The bill filed by the complainant in the above cause 2. Order having been taken pro confesso against all the said de- reference. fendants, thereupon, and on motion of Mr. the solicitor for the said complainant, it is ordered, adjudged and decreed, that it be referred to one of the masters of this court, to compute and ascertain the amount due to the complainant from the said C. D. for principal and interest on the several bonds and mortgages mentioned and set forth in the said complainant's bill of complaint, and that he make report thereon to this court with all convenient speed; and all further directions are reserved until the coming in of the said report. 3 Master's To the Honorable James Kent, Chancellor of the report of amount due. State of New-York. In pursuance of an order of this honorable court, made in the above cause, bearing date the day 1818, by which it was referred to one of the masters of this honorable court, to compute and ascertain the amount due to the complainant in the above cause, for principal and interest on the several bonds and mortgages mentioned and set forth in the said complainant's bill of complaint, and that he make report thereon with all convenient speed; I, the subscriber, one of the masters of this honorable court, by virtue of, and pursuant to the said order, do hereby report-that the solicitor for the complainant in the above cause, has appeared before me on the matters in reference therein mentioned, and I do further certify and report, that I have computed and ascertained the amount due to the above complainant for principal and interest, on the several bonds and mortgages mentioned and set forth in the complainant's bill of complaint, to be the sum of $2,510 47. and I do further certify and report, that the schedule hereunto annexed marked A. and making part of this my report, contains a statement and account of the principal and interest moneys due to the above complainant on the said bonds and mortgages, and to which for greater |