Page:Federal Reporter, 1st Series, Volume 7.djvu/48

 36 FBDEBA.L BEPOBTSB. �mitted for the finding of euch facts as may be applicable to such questions in respect to costs before the master, as may be made before him. �Eeports recommitted accordingly. ���{Oireuit Court, D. Vermont. December21, 1880.) �Wheeleb, D. J. This cause bas been further heard upon the second additional report of the master, the motion of the orator to dismiss the defendants' exceptions thereto, the questions raised by the exceptions, and the questions pre- sented as to interest. The motion to dismiss the exceptions is founded upon the fact that they were filed more than one month after this report was filed. The report as filed, how- ever, was not completed so that any final decree could be made upon it. There were still open questions in regard to interest for the master to act upon, and it was immediately recommitted to the master for completion. The parties sup- plied the facts necessary to complete the report by stipulation, which was filed to take the place of a further report. The exceptions were filed within one month after this stipulation, by its terms, became a part of the files in lieu of the requi- site report. After the report was recommitted it was in sus- pense, and there was no report on file to which exceptions could properly be addressed. The month given by the rule for filing exceptions would not begin to run until there was such a report, or something equal to it, to take its place. The stipulation took its place when, by its terms, it was to, and not before. The month began to run when that time came, but did not run out before the exceptions were filed. They were filed within the rule, and could not properly be dis- missed. �The exceptions relate to the item of $20,000, and to inter- est. The only question as to the former is whether the find- ing of fact by the master shall stand, He bas found the fact, upon which the allowance of that item depends, d-"- ��� �