英文法律词典 M-25

MASTER. This word has several meanings. 1. Master is one who has control over a servant or apprentice¹. A master stands in relation to his apprentices², in loco parentis, and is bound to fulfil that relation, which the law generally enforces. He is also entitled to be obeyed by his apprentices, as if they were his children. Bouv. Inst. Index, h. t.

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 maxim³ 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 previously⁴ in the choice of his agent, or immediately in the act itself, negligently⁵ 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 Taunt⁶. R. 314; 4 Taunt. R. 649; Mass. 364, 385; 17 Mass. 479, 509; 1 Pick. 47 5; 4 Watts⁷, 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 affidavits⁸ sworn in court, and administering a variety of oaths; and also empowered to compute⁹ 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 chancellor¹⁰ 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 insufficient¹¹, these clerks contrived¹² to have other clerks under them, and then, the original clerks became distinguished¹³ by the name of masters in chancery. He is an assistant to the chancellor, who refers to him interlocu-tory orders for stating accounts, computing¹⁴ 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 certify¹⁵ 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 touching¹⁶ any matter in or relating to the court of chancery, taking the acknowledgment of deeds to be enrolled¹⁷ in the said court, and taking such recognizances, as may by the tenor¹⁸ 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 Treatise¹⁹ of the Maister of the Chauncerie.