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any or either of the parties in this cause, take the examinations and depositions of all and every witness and witnesses produced and examined by virtue of the commission hereunto annexed, upon the interrogatories now produced and left with you; and you shall not publish, disclose or make known to any person or persons whomsoever, except to the clerk or clerks by you employed, and sworn to secrecy in the execution of this commission, the contents of all or any of the de positions of the witnesses, or any of them to be taken by you, and the other commissioners in the said commission named, or any of them, by virtue of the said commission, until publication shall pass, by rule or order of the court of Chancery.

Oath to be taken by the clerk.

be taken by the

clerk.

You shall truly, faithfully, and without partiality to 11. Oath to any or either of the parties in this cause, take and write down, transcribe and engross the depositions of all and every witness and witnesses produced and examined by the commissioners, or any of them; and you shall not publish, disclose, or make known to any person or persons whomsoever, the contents of all or any of the depositions of the witnesses, or any of them to be taken, wrote down, transcribed, or engrossed by you, or whereto you shall have recourse, or be in any wise privy, until publication shall pass by rule or order of the court of Chancery.

ant's privilege

The first taking out the commission is commonly 12. Defend the privilege of the complainant, but if the defendant should the has reason to believe that the complainant will not not proceed in proceed in the commission, he may apply for a dupli-ion

complainant

the commis.

14. Notice of the commis

the commis

sien.

cate, or if the defendant has witnesses living distant from the plaintiff's, he may apply for a commission to examine his own witnesses.

Notice of the Commissioners.

We, whose names are hereunto subscribed, having sioners in pro- received a commission issuing out of and under the Goeding to the execution of seal of the court of Chancery, to us and others directed, for the examination of witnesses in a certain cause there depending between A. B. complainant, and C. D. defendant. This is to give notice, that we will execute the said commission on behalf of the complainant, or defendant, at the house by the sign of

county of

next, at the house of

situate at

on Monday the

at

known

in the

day of May

o'clock in the

forenoon of the same day, when and where you and

your commissioners and witnesses may be present if

you please. Dated this

day of May, 1818.

C. D. & E. F.

the deposi

To L. M. & N. O.

Form of the depositions.

14. Form of Depositions in equity by commission, see as in the case of depositions before an examiner in Chancery, page 134.

tions.

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Subpana to testify before commissioners.

The People of the state of New-York, by the Grace of

commissioners. God free and independent, To

Greeting:

gentleman,

We command you, and strictly enjoin you, that lay

ing all other matters aside, and notwithstanding any
excuse, you personally be and appear before

and other commissioners appointed in our Chancery,
at such times and places as the bearer hereof shall ap-
point, to testify the truth in a certain cause depending
in our said court, on behalf of A. B. and this you may
in no wise omit, under the penalty of $250, and have
there this writ. Witness, James Kent, Esq. Chan-
cellor of our said state, at the city of New-York,
the
day of
in the year of our Lord
one thousand eight hundred and eighteen.

G. H. Solicitor.

Edm. Elmendorf, clerk.

At the time of serving this subpoena, a memorandum in writing, subscribed by one of the commissioners, designating the time and place when the cominissioners will meet for the purpose, must be served upon the witness, and has the same effect to compel the witnesses attendance as if it had been specially designated in the subpoena: and if not attended to, they incur a contempt.(a)

Oath of the bearer of the commission.

State of New-York, ss.

the bearer

X. Y. of &c. being duly sworn, doth depose and say, 16. Oath of that he received the commission, of which he is the the commis bearer, from the hands of

one of the com

missioners named in the commission, and that it has been neither opened nor altered since he received it.

Sworn this day of

X. Y.

1818, before me,

I. H. Master in Chancery.

(a) Rule 21.

sion.

1, Affidavit.

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VI. Instructions to the commissioners.

VII. Oath to be taken by the bearer of the commission.

WHEN a defendant lives abroad, or out of the jurisdiction of the court, his answer to the bill may be taken under a commission, by persons authorized for that purpose.

This commission is obtained by a special motion to the court, grounded on an affidavit and notice, as on applications for other special orders, and the proeeedings in relation to it are as follow:

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I. K. of the city and state of New-York, being duly sworn, doth depose and say, that A. B. C.

D. & E. F. executors of the last will and testament of
G. H. deceased, who are impleaded with this deponent
and others, as defendants in the above cause, reside in
the town of
in the island of St. Croix, as this
deponent is informed, and verily believes. .

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&c.

Please to take notice, that I intend to move his 2. Notice, honor the Chancellor, at the next court, to be held in the city of New-York, on the 3d Monday of September, inst. or as soon thereafter as counsel can be heard, for a dedimus potestatem, to take the answer of A. B. C. D. & E. F. and that the affidavit of which the following is a copy, will be read in support of the motion. Your's &c.

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