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CHAPTER VI.

INTERROGATORIES (a).

1. Application for Leave to deliver Interrogatories (b).

[Formal parts as usual in application to Master] for an order that the plaintiffs [or defendants] be at liberty to deliver to the defendants [or plaintiffs] interrogatories in writing a copy whereof is delivered herewith [or to be submitted to the Master], and that the defendants [or plaintiffs]* do answer the said interrogatories within [ten] days, as prescribed by Order XXXI., Rules 8 and 26, of the Rules of the Supreme Court, and that the costs of and relating to this application be [costs in the cause]. Dated [&c., conclude as usual].

2. The like Application against a Company or other Body of Persons (c). [Follow the preceding form down to the asterisk, and then say] do by their secretary or other proper officer [or by R. H., a member of the defendant

(a) By R. S. C., Ord. XXXI., r. 1," In any cause or matter the plaintiff or defendant by leave of the Court or a Judge may deliver interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof, stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness."

By r. 2, "On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court or Judge. In deciding upon such application, the Court or Judge shall take into account any offer, which may be made by the party sought to be interrogated, to deliver particulars, or to make admissions, or to produce documents relating to the matter in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court or Judge shall consider necessary either for disposing fairly of the cause or matter or for saving costs."

The effect of the above rules (R. S. C., Nov. 1893, rr. 12, 13) is that in no case can interrogatories be delivered without leave, and without submitting the proposed interrogatories to the Master on the application for leave, and that the Master must refuse leave if he considers the proposed interrogatories not necessary for disposing fairly of the action or for saving costs.

The latter rule renders obsolete Ord. XXXI., r. 3, as to the costs of interrogatories exhibited unreasonably, and also r. 7 as to setting aside such interrogatories.

(b) This application, although included in the form of summons for directions, is rarely, if ever, entertained until after the defence has been delivered, and therefore generally forms the subject of a separate application. A copy of the proposed interrogatories should be served with the notice of application; and the applicant should be prepared with a copy to submit to the Master.

(c) Interrogatories to Corporation.]—By Ord. XXXI., r. 5, " If any party to a cause

(or plaintiff) company (or body) (d)] answer [&c., as in the preceding form. In the case of a municipal corporation say: by their town clerk or other proper officer].

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interrogatories in writing, initialled by the Master, and that the said do [by their secretary or other proper officer (or as the case may be)] answer the [said] interrogatories as prescribed by Order XXXI., Rules 8 and 26, of the Rules of the Supreme Court, and that the costs of this application

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C. D., E. F., and G. H. ...Defendants.
Interrogatories

on behalf of the plaintiff [or the defendants, or the defendant C. D.] for the examination of the defendants [or the defendants E. F. and G. H., or the plaintiff] pursuant to the order herein dated the

1. Did not, &c.

2. Has not, &c.

&c., &c., &c.

day of

19-.

[Here insert the interrogatories, writing each in a separate paragraph, and numbering them consecutively.]

[The defendant E. F. is required to answer all the above interrogatories (or the above interrogatories numbered —).

or matter be a body corporate or a joint-stock company, whether incorporated or not or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation, company, or body, and an order may be made accordingly."

(d) If the application be to interrogate a particular member of the company, notice of the application ought, as a rule, to be served upon that member, as well as upon the company (Chaddock v. British S. African Co., [1896] 2 Q. B. 153).

Interrogatories to Sheriff's Officer.]—An order may be made that interrogatories delivered to a sheriff shall be answered by the officer actually engaged. (See Ord. XXXI., r. 28, ante, p. 248, n. (b).

(e) This form is framed from that given in R. S. C., App. K., No. 16.

(ƒ) By Ord. XXXI., r. 4, “ Interrogatories shall be in the form No. 6 in Appendix B., with such variations as circumstances may require." The above form follows that referred to in this Rule.

The defendant G. H. is required to answer the interrogatories, numbered

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Delivered the

day of —, 19—, by X. Y., of—————, plaintiff's [or defendant's] solicitor [or agent].

To the above-named defendants E. F. and G. H. [or plaintiff], and Mr. Z., their solicitor.

5. General Form of Questions (g).

Contract.]-When and where [and by what person on behalf of the plaintiff (or defendant) company] was the agreement [or contract, or request, or notice, or licence, or as the case may be] referred to in paragraph

of the statement of claim [or defence] made [or given]? Was it in writing or verbal? If in writing, identify the document or documents. If verbal, state the substance of what was said.

Payment.]—Did not the [defendants], or some or one and which, if not all of them, pay to [or receive from] the [plaintiffs], or some or one and which, if not all of them, on the day of, 19-, or on some other and what date, the sum of £- or some other and what sum ?

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Signature.]-Was not the signature "A. B.," which is written under the word ["accepted "] upon [or at the foot of] the document sued on herein as a bill of exchange [or guarantee, or as the case may be] written by you [or by some and what person having authority from you to sign your name thereto]? The said document will be produced to you for inspection on notice, if you cannot answer this interrogatory without such inspection.

6. Interrogatories to Plaintiff in an Action on a Bill or Note as to the Consideration and Circumstances under which it was indorsed (h).

[Formal parts as usual, supra.]

1. Were you the holder and in possession of the bill of exchange [or promissory note] mentioned in the statement of claim herein at the time of the commencement of this action?

2. On what day, if at all, did you first become holder and get possession thereof?

3. Was it indorsed to you after it became due?

4. From whom did you first obtain possession of it?

5. Under what circumstances did you become holder of it?

6. Was there any and what consideration or value for the indorsement

(9) In framing interrogatories it should be remembered that "their only legitimate use is to obtain admissions of facts which it is necessary for the party interrogating to prove in order to establish his case (see per Smith, L. J., Kennedy v. Dodson, [1895] 1 Ch. 334.)

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() For a form of interrogatories as to the indorsement of a bill of lading, see Derby Bank v. Lumsden, L. R. 5 C. P. 107.

to you of the said bill [or promissory note]? If yea, state fully what such consideration was, when and how it was given, and by whom, and the parties thereto.

7. Is this action brought for your sole use and benefit, or for the use or benefit wholly or in part, and if in part, what part, of E. F. or some other and what person? (i)

8. Are you responsible to Mr. X. Y. [plaintiff's solicitor] for the costs of the action, or any and what part of them? Is any other and what person responsible to him for them? (i)

7. Interrogatories in an Action against a Defendant charged as Assignee of a Lease to discover whether he is Assignee or not (k).

[Formal parts as usual, supra.]

1. Did you not in or about the year or at some other and what time, enter upon and have possession of the house and premises, situate , then, or before then (and when), in the possession of W. H., or of some and what part of those premises? If yea, how long did you continue in possession thereof?

2. Did you not then, or at some and at what time afterwards, and for how long, receive the rent payable by some persons or person, and whom, in possession of the said premises, and in respect of the same, or some and what part thereof ?

3. Did you not in or about the year time, become possessed of or entitled to the commencing from the

August,

or at some other and what residue of a term of years, or of some other and what term,

of and in the said house and premises, or some and what part thereof ? 4. Did you not become so possessed or entitled under or by virtue of some and what deed or other instrument of assignment, or how otherwise, from S. M., or from whom else, and if otherwise, how otherwise did you become so possessed or entitled ?

5. For how long did you continue so possessed or entitled? Have you not continued so up to the present time, and are you not still so entitled ? If not, when did you cease being so?

or

6. Was there not at some and what time in or about the year at some other and what time, some and what deed or instrument of assignment executed by the said S. M., or his trustee or trustees in bankruptcy, or some other and what party, and to which you were a party or therein described to be such, relating to the said house and premises, and to the

(i) It is perhaps doubtful whether this interrogatory should now be allowed. It was formerly allowed.

(k) See forms of interrogatories in ejectment, Flitcroft v. Fletcher, 11 Exch. 543; Chester v. Wortley, 18 C. B. 239; and for the purpose of discovering title deeds, Adams v. Lloyd, 3 H. & N. 351.

said or some other and what term of years therein? When did you last see the said deed, and in whose possession or control is it now, or what has become thereof ?

8. Interrogatories to Defendant Executors on Plea of Plene Administravit, to discover as to Assets (1).

[Formal parts as usual, supra.]

1. Did not the above-named A. N. the testatrix die possessed of or otherwise entitled to the goodwill of the business of an innkeeper, or other business, carried on by her at the inn in M., and the stock in trade and effects therein? And did you not after her death in your character of executor, or how otherwise, sell and dispose of the said goodwill and stock and effects for the sum of £- and upwards, or for some and what price or prices? What were the expenses attending such sale or disposal, and what were the net proceeds after deducting those expenses? you receive such proceeds or some and what part thereof, or did they otherwise come to your hands, or what has become of the same? Whom did you employ to make the said sale, and who conducted it, and received the proceeds thereof for you? Was the sale by public auction or by private contract, and with whom and when?

Did

2. Did not the said A. N. die possessed of or otherwise entitled to any other, and what, goods, chattels, personal effects and moneys besides the said goodwill, stock in trade, and effects? Did the same or any and what part thereof ever, and when, come to your hands, or the hands of either and which of you, and what has become thereof? Did you sell or dispose of the same, or any and what part thereof, and for what price or prices, and what were the expenses attending the sale thereof, and what were the net proceeds after deducting such expenses? Did you receive the said proceeds or any and what part thereof, or did the same otherwise come to your hands, or what has become thereof? Whom did you employ to make such sale or sales, and who received the proceeds? Were the sale or sales by public auction or private contract, and to whom and when?

3. Were there not any, and what persons indebted to the said A. N. at the time of her death, or who had contracted debts with her payable in her lifetime, or after her death? State the names of those persons and their addresses, and the amount of the debts due from or contracted by each of them, and distinguish such of the debts, if any, that are desperate and will not probably be paid.

4. Are those debts or moneys still unpaid? If not, specify which of

(1) These interrogatories were allowed by Baron Martin in a case under the C. L. P. Acts, where they were strongly opposed. They certainly are of a most searching character (see Peck v. Nolan, 14 Ir. C. L. Rep. App. 32, Exch.). For a more concise form, see post, No. 9.

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