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itself, in the body of it, express the time and place where the witness is required to attend;(j) it is presumed, that the subpoena to attend the master would resemble that to attend the examiner, with the difference, that in the body of it should be expressed, that the witness is required to attend at the master's office on the day appointed. If interrogatories are leading, that is enough to suppress the depositions.(k) A witness who has been examined in chief before the hearing, cannot be re-examined before the master without an order, and then, not to any matter to which he had before been examined;(l) and a witness once examined before a master, cannot be re-examined without an order.(m) Should it be necessary to examine witnesses abroad, a commission may be had for that purpose, by motion, founded on the master's certificate that such commission is necessary. The commission will be executed in the usual manner, and returned to the master's office.(n) But besides the mode of examination upon written interrogatories, affidavits are also very commonly resorted to in the course of the inquiries before the master. Creditors in the administration of assets under a decree, prove their respective debts in this mode, although they may be examined upon a general set of interrogatories as they bring in their claims, or by a particular set of interrogatories to meet the case of a particular creditor. The latter as well as the former interrogatories are settled by the master, the creditor by making his claim and coming in under the decree, be
Cy) Ante, p. 138. Rule 21. (m) aves groia Mad 392–395. (k) 2 Vern. 172. (n) 2 Mad. 392, Parkinson v. Ingra(I) Dick.50a, 2 Johns. Chan. Rep.500. ham, 3 Wes. 607.
ing considered in relation to the cause, a party to it.(0)* Where by special order the depositions have been taken in secret, and either party is anxious to hasten the period of the final hearing before the master, he may take out a summons, underwritten, “at which time the said master will be moved to make public the depositions taken before him, and to deliver copies thereof.” Upon this attendance, unless further delay is granted by the master, upon the application of either party, the copies of the depositions will be delivered,
Interrogatories for the earamination of nitnesses before a masser. . In Chancery. * A. B. Complainant, Between } and C. D. Defendant.
Interrogatories to be exhibited to witnesses, to be
- produced, sworn and examined on the part of the com
plainant, before I. H.-Esq. one of the masters of this honorable court, relative to the subject matter of a certain reference, now pending before him, pursuant to a decretal order of this honorable court made in this cause, on the day of one thousand eight hundred and sixteen.
1st. Interrogatory. What is your name, age, occupation or profession, and where do you reside? Declare. -
so J Newland, 166. 1 Turner, 119. * Though the deeree in cases of creditors proving their claims before the master usually directs that they shall be brought in within a certain time, yet they will be let in after that time is elapsed while the fund is in court. Lashley v. Hogg, 11 Wes. 602. 1 Turner, 119. Mewland, 166. They are not allowed their costs of proving their debts before the master, 10 Wes. 355. Mewland, 166.
2d. Interrogatory. Do you know the parties, complainant and defendant, or either and which of them, and how long have you known them, or either and which of them 1 Declare the truth and your knowledge therein, &c. &c.
3d. Interrogatory. Do you know, &c. &c.
Last Interrogatory. Do you know, or have you
heard of any other matter or thing that may tend to the benefit or advantage of the complainant in this
cause ! If yea, declare the same as fully as if you had
been thereto particularly interrogated.
Nolice accompanying interrogatories.
A. B. Complainant,
Take notice, that the annexed are copies of the direct interrogatories on the part of the complainant, intended to be administered to witnesses, to be produced, sworn and examined on the part of the complainant, before I. H. Esq. one of the masters of this honorable court, relative to the matters in reference
before the said master in the above cause. Dated, &c.
Notice of the names of the complainant's witnesses.
Notice of the Take notice, that A. B. and C. of the city of New*... * York, merchants, and D. E. and F. of the same place, counsellors at law, will be examined as witnesses on the part of the complainant in the above cause, before I. H. Esq. one of the masters of this honorable court, at his office No. street, in the said city, on the day of inst at ten o’clock in the forenoon, on interrogatories in the above cause, copies of which were served upon you on the day of inst. Dated the day of 1816. Yours, &c. - - E. F. Sol'r for comp’t. To G. H. Esq. Sol. for def’t. K. "
Cross interrogatories before the master.
- }. D. Defendant,
cross inter. Cross interrogatories on the part of the defendant, * to be administered to witnesses, to be produced, sworn and examined on the part of the complainant in the above cause, before J. H. Esq. one of the masters of this court, relative to the matters in reference, now pending before him, under a certain decretal order
made in the above cause, on the day of
Notice accompanying cross interrogatories.
- - - - * The same as the notice accompanying the direct interrogatories mutatis mutandis. .
Of arguing the cause before the master.
The testimony being all prepared, and the parties a.o.o. furnished with copies of the depositions, when the wit-fore themater. nesses have been examined upon interrogatories, either party may take out a summons, underwritten, “On which day there will be a final hearing before the said master, of the matters in reference in this cause.” Upon the attendance of the parties before the master, the cause is argued before him in the same manner as is done in the Court of Chancery. The master will take time to make up his report, and having prepared a draft of it will notify the respective solicitors. (See the form of the report post.) Either party may then take out a summons, underwritten, “to peruse the draft of the master's report,” and, upon attending him the master will furnish them respectively with a copy of his