6. The depositions to be taken under this commission shall be subscribed by the witness or witnesses, and by the commissioners or commissioner who shall have taken the depositions.

7. The interrogatories, cross-interrogatories, and depositions, together with any documents referred to therein, or certified copies thereof or extracts therefrom, shall be sent to the senior Master of the Supreme Court of Judicature on or before the day of, enclosed in a cover

under the seals or seal of the commissioners or commissioner.

8. Before you or any of you, in any manner, act in the execution hereof you shall severally take the oath hereon indorsed on the Holy Evangelists or otherwise in such other manner as is sanctioned by the form of your several religions and is considered by you respectively to be binding on your respective consciences. In the absence of any other commissioner, a commissioner may himself take the oath (i).

And we give you or any one of you authority to administer such oath to the other or others of you.

of

Witness, Lord High Chancellor of Great Britain, the

for the

[agent for C. S., of]

Witnesses' Oath (1).

day

solicitor

You are true answer to make to all such questions as shall be asked you, without favour or affection to either party, and therein you shall speak the truth, the whole truth, and nothing but the truth. So help you God.

Commissioners' Oath.

You [or I] shall, according to the best of your [or my] skill and knowledge, truly and faithfully, and without partiality to 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 within written. So help you [or me] God.

Interpreter's Oath.

You shall truly and faithfully, and without partiality to any or either of the parties in this cause, and to the best of your ability, interpret and

(i) If a single commissioner be appointed, the commission should authorize him to administer the oath to himself (Wilson v. De Coulon, 22 Ch. D. 841).

(k) The day of issuing the commission. The interrogatories and cross-interrogatories, if any, should be annexed to it. The names of the commissioners, if not named in the order, may be agreed on by the parties, and inserted in the commission. If the commission is directed to the judges of a foreign court, it should contain words of authority only, not of command, and should omit the clause requiring the commissioners to be sworn. Except upon special grounds, the ordinary form of commission will not be departed from. The commission should be sued out without delay.

(1) These forms of oath are given in R. S. C., App. J., No. 13. They should be indorsed upon the commission.

translate the oath or oaths, affirmation or affirmations which he (m) shall administer to, and all and every the questions which shall be exhibited or put to, all and every witness and witnesses produced before and examined by the commissioners named in the commission within written, as far forth as you are directed and employed by the said commissioners, to interpret and translate the same out of the English into the language of such witness or witnesses, and also in like manner to interpret and translate the respective depositions taken and made to such questions out of the language of such witnesses or witnesses into the English language. So help you God.

Clerk's Oath.

You shall truly, faithfully, and without partiality to any or either of the parties in this cause, take, write down, transcribe, and engross all and every the questions which shall be exhibited or put to all and every witness and witnesses, and also the depositions of all and every such witness and witnesses produced before and examined by the said commissioners named in the commission within written, as far forth as you are directed and employed by the commissioners to take, write down, transcribe or engross the said questions and depositions. So help you God.

Direction of Interrogatories, &c., when returned by the Commissioners. THE SENIOR MASTER OF THE SUPREME COURT OF JUDICATURE, ROYAL COURTS OF JUSTICE, LONDON.

8. Interrogatories for the Examination of Witnesses before Commissioners (n). [Title, &c., as usual.] Interrogatories

to be administered to C. D., E. F., and G. H. [the names of the witnesses as stated in the commission], [and other] witnesses to be produced and examined at ———, in ———, on behalf of the above-named plaintiff [or defendant] in this action, before and -, commissioners, pursuant to a commission issued out of this Honourable Court, dated the day of —, 19—. 1. What is your name and address? Are you in any, and what, trade or profession? How long have you been in it?

(m) So runs the official form, which should probably be read "shall be administered to."

(n) In the preparation of interrogatories care should be taken that the questions are not illegal or leading or in any way objectionable. The Master has power to strike out any interrogatory or cross-interrogatory which he may think improper (Stocks v. Ellis, L. R. 8 Q. B. 454). And the answer to any objectionable interrogatory may be disallowed at the trial.

When the interrogatories are complete, ingross them on parchment, and serve a copy of them on the opposite solicitor or agent. The latter may also, if thought fit, have interrogatories drawn up by way of cross-examination.

2. Do you know the plaintiff? How long have you known him? Is he in any, and what, trade or profession?

3. Do you know the defendant? How long have you known him? Is he in any, and what, trade or profession?

4. Do you [&c., and so on, stating the questions you wish the witnesses to answer].

[27.] Have you in your possession or power any [other] document or documents (or any copy or copies thereof) relating to any matter or matters as to which you have been interrogated? Do you produce the same or any of them? Will you allow the same or any of them to be returned with the commission? If not, state your reasons for your refusal, upon which copies or extracts will be taken and returned.

[28.] If any of the documents mentioned in the preceding interrogatories or produced or offered in evidence under the commission, purport to bear the signature of any person, persons, firm or firms, state as to each such document whether you know the handwriting and signature thereof, and if so, state who the person, persons, firm or firms signing the same is or are, and whether the signature is in the handwriting of the person, persons, firm or firms by whom the same purports to be signed.

[29.] If any of the documents produced by you or otherwise produced or offered in evidence under the commission purports to be executed or authenticated by any stamp or seal, say whether you know the stamp or seal and whose it is, and whether you were present and saw the said stamp or seal affixed, and by whom it was so affixed.

Lastly. Do you know of any other matter or thing, touching any matter or matters in question in this action, that may tend to the benefit or advantage of the said plaintiff [or defendant] besides what you have been interrogated unto? Declare the same fully and at large, and all circumstances and particulars relating thereto, to the best of your knowledge, as if you had been particularly interrogated thereto.

Delivered the day of 19-, by X. Y., of

defendant's] solicitor [or agent].

To Mr. Z., solicitor [or agent]

for the above-named defendant [or plaintiff].

plaintiff's [or

9. Cross-Interrogatories on Commission.

[Title, &c., as usual.]

Cross-interrogatories

to be answered on oath by the witnesses to be produced on behalf of the above-named [plaintiff] at, before A. B. and C. D., commissioners appointed pursuant to an order herein made by, dated, or before one or other of the said commissioners pursuant to the said order.

1. As regards each of your answers to the interrogatories in chief, say

whether you know what you have stated therein of your own knowledge or whether you have learned or heard what you have stated from some and what book or document or from some and what person, or otherwise, and how.

2. As regards each of your answers to the interrogatories in chief, state whether you yourself were present on the several occasions when what you have stated took place.

3. As regards each of your answers to the interrogatories in chief, state in detail how (if at all) you know the several matters contained in such

answers.

4. State the sources from which you have derived the information contained in your answers to the interrogatories in chief, say whether any and which of the several matters to which you have deposed are matters within your own personal knowledge, and state, in detail, the opportunities and occasions when you obtained such personal knowledge, and state whether any information contained in your answers to the interrogatories in chief is derived from any and what written documents or accounts, and state what you know as to the custody in which the same are now, and say whether any and what part of your answers to the said interrogatories in chief is derived from what other persons have told you, and, if so derived, say when and where you have been so told, and by whom. If in your answers to the said interrogatories in chief or to the other crossinterrogatories, you have referred to any document or documents, produce the document or documents so referred to, and say from whence and from whose custody and by whose authority you have obtained the same.

5. [&c. Add any special questions that may be necessary.] N.B.-The [defendant] will put such further questions to the witnesses as may appear necessary when the witnesses have answered the interrogatories in chief, and such further questions as may appear necessary for testing their credibility when they are called.

The [defendant] will object to the administration of the interrogatories in chief to the [plaintiff's] witnesses on the ground that they are inadmissible being leading questions and irrelevant, and otherwise objectionable. [Delivered, &c.]

10. Notice of Examination to be given by a Commissioner (0).

[Title, &c., of action, as usual.]

Take notice that I, being one of the commissioners named in the commission issued in this action, dated

shall attend at

on the o'clock in the -noon, to take the

examination, pursuant to the said commission, of the following witnesses

(0) See paragraph 2 of form No. 7, ante, p. 310.

on behalf of the above-named [plaintiff ], namely, W. W., of and [&c., stating the names of the witnesses].

To

Dated

(Signed) L. M. (the commissioner).

11. Proceedings by Commissioners. Notice of Time and Place appointed by

them for Examination.

The directions and instructions contained in the commission should be carefully followed by the commissioners. The Court, however, will not look out critically for objections to their conduct, but will presume in their favour that they have discharged their duty.

The commissioners should give notice of the time and place of holding the examination to the agents of both parties, and within the time mentioned for that purpose in the commission, or, if none be mentioned, within a reasonable time.

The examination should be conducted upon the same rules as the examination of witnesses on a trial at nisi prius. In order to render the depositions available the evidence must be such as would be received according to the English law, and if at the trial it should appear, either on the face of the depositions or by extrinsic proof, that the commissioners have admitted illegal, or rejected legal, evidence, the Judge may, in the exercise of his discretion, reject the depositions either wholly or in part.

12. Compelling Attendance of Witnesses.

In Scotland or Ireland, means of compelling the attendance of witnesses are provided by the 6 & 7 Vict. c. 82, and the 22 Vict. c. 20; and in any place within the jurisdiction of any Supreme Court in any of the King's colonies or possessions abroad, by the 22 Vict. c. 20. As to orders under these Acts for the production of documents, see Burchard v. Macfarlane, [1891] 2 Q. B. 241.

13. Certificate of Commissioners (p).

[Title, &c., of action, as usual.]

We, whose names and seals are hereunto subscribed, being [two of] the commissioners named in the commission, issued in this action dated, hereunto annexed, hereby certify as follows:

1. Before we or either [or any] of us, in any manner, acted in execution,

(P) The commissioners, or such of them as act, should return the commission, the interrogatories, cross-interrogatories, and depositions, according to the time and mode directed by the commission (see paragraph 7 of form No. 7, ante, p. 311), together with a certificate, under their hands and seals, showing that the commission has been duly executed.