master

A principal who employs another to perform service in his affairs and who controls or has right to control physical conduct of other in performance of the service. Restatement, Second, Agency, No. 2. One who stands to another in such a relation that he not only controls the results of the work of that other but also may direct the manner in which such work shall be done. Matonti v. Research-Cottrell, Inc., D.C.Pa., 202 F.Supp. 527, 532.

One having authority; one who rules, directs, instructs, or superintends; a head or chief; an instructor; an employer.

See various "Master" titles below.

One who has reached the summit of his trade and who has the right to hire apprentices and journeymen. Fed.R.Civil P. 53, and analogous state rules, provide for the appointment by the court of a master to assist it in specific judicial duties as may arise in a case. The master's powers and duties depend upon the terms of the order of reference and the controlling court rule, and may include taking of testimony, discovery of evidence and other acts or measures necessary for the performance of his duties specified in the order of reference. The master is required to prepare a report of his proceedings for the court. In the federal courts the appointment of a master is the "exception rather than the rule", while under many state rules, the court has more liberal powers to appoint such.

See also reference

@ special master

A master appointed to act as the representative of the court in some particular act or transaction, as, to make a sale of property under a decree. Pewabic Min. Co. v. Mason, 145 U.S. 349, 12 S.Ct. 887, 36 L.Ed. 732.

A federal judge may appoint a U.S. magistrate to serve as a special master. 28 U.S.C.A. No. 636

@ master agreement

The omnibus labor agreement reached between a union and the leaders of the industry or a trade association. It becomes the pattern for labor agreements between the union and individual employers

@ master and servant

The relation of master and servant exists where one person, for pay or other valuable consideration, enters into the service of another and devotes to him his personal labor for an agreed period. The relation exists where the employer has the right to select the employee, the power to remove and discharge him and the right to direct both what work shall be done and the manner in which it shall be done. Matonti v. Research-Cottrell, Inc., D.C.Pa., 202 F.Supp. 527, 532.

Restatement, Second, Agency No. 2. Such term has generally been replaced by "employer and employee"

Compare agency; independent contractor

@ master at common law

The title of officers of the English superior courts of common law appointed to record the proceedings of the court to which they belong; to superintend the issue of writs and the formal proceedings in an action; to receive and account for the fees charged on legal proceedings, and moneys paid into court

@ master deed or lease

Conveyancing document used by owners or lessees of condominiums

@ master in chancery

An officer of a court of chancery who acts as an assistant to the judge or chancellor. His duties are to inquire into such matters as may be referred to him by the court, examine causes, take testimony, take accounts, compute damages, etc., reporting his findings to the court in such shape that a decree may be made; also to take oaths and affidavits and acknowledgments of deeds.

In modern practice, many of the functions of a master are performed by clerks, commissioners, auditors, and referees, and in those states that have merged law and equity courts in adopting Rules of Civil Procedure the office has been superseded.

See master

@ master in lunacy

In old English law, the masters in lunacy were judicial officers appointed by the lord chancellor for the purpose of conducting inquiries into the state of mind of persons alleged to have been lunatics. Such inquiries usually took place before a jury

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- master lease

- sublease

@ master of a ship

In maritime law, the commander of a merchant vessel, who has the chief charge of her government and navigation and the command of the crew, as well as the general care and control of the vessel and cargo, as the representative and confidential agent of the owner. He is commonly called the "captain."

@ Master of the Crown Office

In England, the Queen's coroner and attorney in the criminal department of the court of Queen's bench, who prosecutes at the complaint or relation of some private person or common informer, the crown being the nominal prosecutor. He is an officer of the Supreme Court

@ Master of the Faculties

@ Faculties, Master of the

In English law, an officer under the archbishop, who grants licenses and dispensations, etc

+ Master of the Faculties

An official in the archdiocese of Canterbury who is head of the Court of Faculties.

See Arches Court

@ Master of the Horse

In English law, the third great officer of the royal household, being next to the lord steward and lord chamberlain. He has the privilege of making use of any horses, footmen, or pages belonging to the royal stables

@ Master of the Mint

In English law, an officer who received bullion for coinage, and paid for it, and superintended everything belonging to the mint. He was usually called the "warden of the mint." It was provided by St. 33 Viet., c. 10, No. 14, that the chancellor of the exchequer for the time being was to be the master of the mint. Such office was repealed by the Coinage Act of 1971

@ Master of the Ordnance

In English law, a great officer, to whose care all the royal ordnance and artillery were committed. In modern times called Master-General of the Ordinance, a post held by a senior officer in the Ministry of Defense

@ Master of the Rolls

In English law, an assistant judge of the court of chancery, who held a separate court ranking next to that of the lord chancellor, and had the keeping of the rolls and grants which passed the great seal, and the records of the chancery. He was originally appointed only for the superintendence of the writs and records appertaining to the common-law department of the court, and is still properly the chief of the masters in chancery. Under the act constituting the Supreme Court of Judicature, the master of the rolls became a judge of the high court of justice and ex officio a member of the court of appeal. The same act, however, provided for the abolition of this office, under certain conditions, when the next vacancy occurs. Also sits as an ex officio judge of the Court of Appeal (Supreme Court Act, 1981, No. 2(2)), and presides over the Civil Division of the Court of Appeal (Supreme Court Act, 1981, No. 10)

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