Majority
p. 228John J. Roseboom, and others v. Myndert Vedder. 1824. July 20.
Headnote
Where on a sale, the master had attended three days from the distance of forty tmieg, the court would not direct an allowance in costs beyond the scale fixed in the forty eighth rule; especially as no reason appeared for placing the sale under the direction of a master, from so great a distance.This was an application to the chancellor, in the nature of an appeal from the taxation of the master’s costs, upon a sale of mortgaged premises.
The master had gone forty miles to attend the sale, and spent three days in the business. He charged twenty dollars for the service ; grounding his claim upon the clause in the statute of the 46 sess. cli. 269. sec. 6. “ that upon sales the “ master shall be allowed all necessary disbursements, actual- “ ]y paid,” and “ such allowance by way of commission, as “ the chancellor shall deem reasonable.”
The taxing master having refused to allow the charge,
Mr. Seelye now asked for the chancellor’s direction; but,
said, that it would make no special order tip-on a case of this kind; that the case came within the genera!
p. 229
provision of tfie forty eighth rule; and that there was the less reason for the allowance, as no sufficient cause appeared for placing the business in the hands of a master so distant from the place of sale.