rogatories for the examination of the parties are settled by the master, whereas interrogatories for the examination of witnesses before the master are settled by counsel.(c) To settle these interrogatories, take out a summons from the master, underwritten, "To settle the draft of the interrogatories filed by the complainant for the examination of the defendant." At the return of the summons attend the master, who, if both parties attend will proceed on the subject, or if only one side attends, he will proceed ex parte. The master having settled the interrogatories, signs a certificate of having allowed them. This certificate is in England filed in the report office, and may be excepted to, which is said to be the proper mode of bringing it before the court.(d) As there is no report office in this state, and as no practice upon this subject has as yet been settled with us, the subject is open for future decision. Perhaps it would be brought up by a special report, suited to the case. It is also said in England to be the practice, where the master settles interrogatories, notwithstanding the objections of the parties, to wait till the examination and answers thereto are brought in, and then to object to the sufficiency of such examination, and upon the master's overruling such objections, and reporting the examination sufficient, exceptions are taken to his report, and the whole subject of interrogatories and answers will be taken together before the court for its decision thereon.(e) The interrogatories being settled, a new copy must be made out and served upon the opposite party (c) Remsen v. Remsen, 2 Johns. Ch. Rep. 499. and English cases there cited. (d) Newland's Chan. 161. cites 6 Ves. 458. 1 Turner, 110. note Sed. vide, 2 Dick. 548. (e) 2 Dick. 548. 4. Interroga tory by one copartner on ship account. as settled and allowed. In England, these copies are made by the masters, (f) but as our fee bill makes the masters no allowance for such papers, it has been the practice for the solicitors themselves to furnish the copies. The defendant cannot be interrogated as to any facts which he has before stated in his answer, without an order obtained upon special application to the court. Interrogatories for the examination of parties. Interrogatories exhibited by the complainant before one of the masters of this honorable court, for the examination of the defendant, upon the subject matter of a certain reference, now depending before the said master, pursuant to a decretal order made in this cause, on the day one thousand eight hun dred and sixteeen. 1st. Interrogatory. Have you, or some, and what partner to his person or persons, and who by name, by your order, or settling copart- for your use, or with your knowledge, privity or consent, received any sum or sums of money which remained due and owing to the said copartnership of B. and D. at the dissolution thereof, or which have or has since become due and payable to the said copartnership, other than such sums of money as appear by the books of the said copartnership to have been received by you since the said dissolution? If, (f) Newland's Chan. 161-2, 1 Turner, 108. yea, from whom, and when in particular, was or were such sum or sums of money respectively received? 2d. Interrogatory. Have you, or any person or persons, and who by name, by your order or for your use, or with your knowledge, privity or consent, since the dissolution of the said copartnership, received from or any other person or persons, the amount of the debt due by him to the said copartnership at the time of the said dissolution, or any sum or sums of money, property or effects, on account of such debt; if yea, set forth fully and particularly the amount of each sum of money, and the value of the property or effects so received, and the time the same was or were received. E. F. Sol'r for comp't. C. D. of counsel for comp❜t. Notice that interrogatories will be settled by the master. Sir, C. D. Defendant. Please to take notice, that the annexed are copies Natide of the interrogatories intended to be exhibited by the complainant, for the examination of the defendant, upon the subject matter of the reference now pending before Esquire, one of the masters of this honorable court, the draft of which interrogatories will be settled by the said master, on Saturday, the tenth day of June, instant. Dated, June 5, 1816, Your's, &c, To G. H. Esq. Sol'r for def't. E. F. Sol'r for comp't. 4. Report of the master. . Underwriting to summons to settle the draft of interrogatories. The summons in the common form. The underwriting is as follows:-" On the day in the above summons named, the draft of the interrogatories intended to be exhibited by the complainant, for the examination of the defendant, will be settled by the master." E. F. Sol'r. for comp't. To G. H. Esq. 2 Report of the master, that he has allowed the interrogatories-notice of serving copies thereof-summons and underwriting, that the defendant bring in his examinations or answers to the interrogatories. This report is short, stating the mere fact of his haying allowed the interrogatories which are annexed to the said report. If either party objects to the interrogatories allowed by the master, he must except to the master's report; and the decision of the chancellor will be given upon the exceptions. But it is not settled whether this is the more correct practice, or whether the party objecting should not wait till the examination is put in, and then except to the report of the master of the sufficiency thereof, as before pointed out. Take notice, that the annexed are copies of the No. interrogatories exhibited by the complainant, for the examination of the defendant, upon the subject matter of the reference now pending before Esq. one of the masters of this honorable court, as the same Dated, To G. H. Esq. Sol. for def't. 5 Examina tion of the de upon ant's interr To hasten the defendant in preparing and putting in bis answer or examination to the interrogatories, it may be necessary to take out a summons for him to bring the complainin his examination; this summons is underwritten, “at gatories which time the defendant is to bring in his examination." The master on the request of the defendant will indulge him with a reasonable time to prepare his examination; or an order may be obtained from the Chancellor, granting time, on motion, which is of course.(a) But if after the service of the summons to bring in the examination, and after the time with which the master or the court may think fit to indulge the defendant is expired, and he makes default in put ting in the examination, the master on the usual affida La) i Turner, 110 |