. 10 _ FEDERAL REPORTER. _
application of Mr. Finkelnburg. You ask certain things. You have
failed to agree. It has been before the master. It comes back on ex-
ceptions. Proforma we overrule those exceptions, and make an or-
der of our own that, instead of paying so much money, etc., you give
a bond in the form prescribed; and the application is reserved for
the further consideration of the court under the bond, and it does not
require any new proceeding at all.
Mr. Priest. I understand it now. I did not understand Judge
BREWER. The draft of the order, as submitted to me, does not con-
template that interlocutory decree, but is a final determination of
the matter.
Treat, J. There is no final determination.
Mr. Kent. That is exactly what we want reserved.
Treat, J. That was reserved. The exceptions were Bled to the
master’s report. They were overruled pro forma. That is a very ex-
° pressive phrase, indicating that we do not pass on the merits of any-
thing underlying it, but in the light of what was said, and in the light
of that report, we chose to make a new and independent order, not
following the master in the report at all. We give a new and inde-
pendent order that, instead of your paying $25,000, you shall give a
bond, which was entirely outside the master’s report. It seems to
me the decree can be written in this matter very concisely, and ac-
complish all that is desired, to-wit: "This matter havingcome on to
be heard, " etc., "the court orders, adjudges, and decrees as follows,"-
that is all. Then say that we overrule pro forma the exceptions to
the master’s report; and thereupon the court orders, adjudges, and
. decrees as follows, to-wit: That the receivers permit the crossings to
be made of the property now in their custody under the orders of this
court, on the giving of a bond in the sum of $50,000 to respond to any
damages that may accrue to the receivers or their successors in in-
terest, to be hereafter determined, and said crossings to be conducted
as you have agreed on, reserving all questions under the said bond
as to any damages that may accrue during the pendency of the re-
ceivership. _