the subject of this your examination, or to the matters in question in this cause; if you do, set forth the same, according to the best of your knowledge, remembrance, and belief. N. B. This last interrogatory is given in full, because it was previously in a different form; but by the 32d of the Orders of 21st December, 1833, it was ordered in future to be in the form here given. (Vide p. 28.) SECTION 8. Form of Notice to be signed by Commissioner, to be delivered to Witness with his Subpoena. In Chancery. Between &c. Whereas I have received a commission, issuing out of and under the seal of the High Court of Chancery, at Westminster, to me and another therein named directed, for the examination of witnesses in a cause depending in the said Court, and now at issue, between A. B. plaintiff, and C. D. defendant. And whereas I, being the acting commissioner, am informed that you are a material witness on behalf of the said plaintiff A. B., I, therefore, by virtue of the said commission, do hereby will and require you personally to be and appear before me, at the house of commonly called or known by the name or Inn, situate at in the county of on the day of instant [or "next,"] at the hour of o'clock in the forenoon of the same day, then and there to be examined as a witness, and to testify the truth, according to the best of your knowledge, for and on behalf of the said plaintiff [or "defendant."] And you are then and there to attend, and not depart until you have been examined on the part of the said and herein you sign of the , are not to fail. Dated this To E. F. , day of 1845. A. C. (Vide p. 28.) SECTION 9. Memorandums to be written on Exhibits, and signed by the Commissioner. In Chancery. Between A. B. and another, plaintiffs, and C. D. and others, defendants. 1845. February 1st. At the execution of a commission for the examination of witnesses in this cause, this paper [or "parchment"] writing was produced and shown to N. N., a witness sworn and examined, and by him deposed unto at the time of his examination on the complainant's [or "defendant's"] behalf, before me, A. C. If the document is exhibited to several witnesses, alter the above thus: "Was produced and shown to N. N., O. O., and P. P., witnesses sworn and examined, and by them severally deposed to at the time of their respective examinations, on the, &c." (Vide p. 31.) In Chancery. SECTION 10. Form of Depositions. Depositions of witnesses produced, sworn, and examined, on the day of in the year of the reign of her Majesty Queen Victoria, and in the year of our Lord one thousand eight hundred and forty at the house of T. T., commonly called or known by the name of the the county of , Inn, situate in in by virtue of a commission issuing out of Her Majesty's High Court of Chancery, to me, A. C. and another, directed On the part and behalf of the said complainant [or "defendant,"] W. S. of , in the county of , auctioneer, aged years a witness produced, sworn, and examined on the part and behalf of the said complainant [or "defendant"] deposeth and saith as follows:: To the first interrogatory. I know both the parties, complainant and defendant, in the title of the interrogatories named. I have known the complainant A. B. for about sixteen years past, and I have known the defendant C. D. for rather better than five years past. To the second interrogatory. The indenture now produced and shewn to me, marked with the letter A., and bearing date the day of &c., and made between, &c., was sealed and delivered by the defendant C, D., as his act and deed, in my presence, and thereupon I indorsed my name as a witness to the sealing and delivery thereof by the said C. D. The name W. S. so indorsed on the deed is in my handwriting. To the third interrogatory. I was present and did see the defendant C. D. sign the receipt, &c. &c. [So taking down all the evidence in the first person.] When the whole of the witness's evidence is taken down, he must sign each sheet of paper on which it is contained, but he need not be detained to sign the ingrossment, as it is sufficient for the clerk to copy the signature of the witness at the foot of that, (see ante, p. 30.) The paper deposition is retained and preserved by the Commissioner, and is not sent to London with the ingrossment. Each following witness's deposition must be introduced with his name, residence, occupation, &c., and age, &c., in the same form as the one which has been given. (Vide p. 31.) SECTION 11. Affidavit to enlarge Publication after Witnesses have been examined. In Chancery. Between &c. I, A. B. of &c., the above-named plaintiff, I, G. H. of &c., his solicitor, and I, J. K. of &c., his London agent in this cause, do solemnly swear that I have not seen, heard, read, or been informed of, nor will I see, hear, read, or be informed of the contents of the depositions already taken in this cause, until publication shall hereafter pass. Sworn, &c. (ante, pp. 105, 106.) A. B. G. H. I. K. (Vide p. 33.) SECTION 12. Form of Certificate to be signed by Commissioners, of having assigned a Guardian to an Infant Defendant (a). To the Right Honorable the Lord High Chancellor of Great Britain. We whose names are hereunto subscribed, in pursuance of a commission to us and others directed, have caused C. D., the infant, to come before us, who chose X. Y., of &c., to be his guardian to defend this suit in his behalf, and we have assigned and appointed the said X. Y. to be his guardian accordingly, at the house of in the county of on the " , in one thousand eight hundred and by virtue of the commission hereunto an E. F. G. H. Form of Return to be indorsed on the Commission and signed by the Commissioners. The execution of this commission appears in a certain schedule hereunto annexed. E. F. G. H. (Vide p. 52.) (a) If, instead of an infant, it be a person of unsound mind, to whom the guardian is to be assigned, the necessary variation may be collected from the form in Section 14. |