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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 ;(1) 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

(5) Ante, p. 138. Rule 21.

(k) 2 Vern. 172.

(m) 2 Ves. 270. 2 Mad. 392–393.
(n) 2 Mad. 592. Parkinson v. Ingra-

(!) Dick. 508, 2 Johns. Chan. Rep. 500. ham, 3 Yes. 607.

ing considered in relation to the cause, a party to it.(o)* 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 mas ter, 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,

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Interrogatories to be exhibited 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 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.

(o) Newland, 166. 1 Turner, 119.

Though the deeree in cases of creditora 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 Ves. 602. 1 Turner, 119. Newland, 166. They are not allowed their costs of proving their debts before the master. 10 Vee. 355. Newland, 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? 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.

E. F. Sol'r for comp't.

C. D. of counsel. ̧

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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. Your's, &c.

To G. H. Esq.

Sol'r for def't.

E. F. Sol'r for comp't.

Notice,

Notice of the names of the

witnesses.

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Sir,
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,
inst. at ten o'clock in

on the

day of

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. 2

Cross interrogatories,

Sol. for def't.S

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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 one thousand eight hundred and 1st. What is your name, age, fession, and where do you reside!

day of
sixteen.
occupation, or pro-
Declare, &c. &c.

Last. Do you know, or have you heard any other matter or thing relative to the matters pending in this cause, material or advantageous to the defendant? If yea, set forth the same as fully and particularly as if you had been particularly interrogated thereto.

G. H. Sol'r. for Def't.

I. S. Counsel for Def't.

Notice accompanying cross interrogatories.

The same as the notice accompanying the direct interrogatories mulatis mutandis.

Of arguing the cause before the masler.

the cause be

The testimony being all prepared, and the parties, 11. Arguing furnished with copies of the depositions, when the wit-fore the master. nesses have been examined upon interrogatories, either

"On

party may take out a summons, underwritten,
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 mas-
ter will furnish them respectively with a copy of his

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