1845.

solicitor hav

sion, who is to file the same,

on the day next following the date of the Master's cerficate, to file the same, and is, within two days from the ing carriage of date thereof, to take an office copy thereof to the record the commisand writ clerk, who is, on the same day or at the latest on the day next following his receipt of such office copy, to seal a commission directed to the persons named in the certificate, and to deliver such commission to the solicitor from whom he received the certificate; and such solicitor having received the commission is, within one week after the teste thereof, to deliver the same to the commissioner therein first named, if he be at the time able to act in the execution of the commission, but if not then to the commissioner secondly named.

and within two days apply for a commission, and within a week of its teste, deliver the same to the Commissioner.

CII. If any solicitor having the carriage of a commission does not, within six days after the date of the Master's certificate, obtain the commission, and duly deliver the same to the commissioner by whom the same is to be executed, any other party entitled to examine witnesses may apply to the Master for leave to take out a new commission directed to the same commissioners, and to have the carriage of such commission; and the costs of such application are to be paid by the party in default, whether the application succeeds or not.

Form of Commission.

CIII. The form of a commission to be hereafter issued for the examination of witnesses is to be as follows, with such (if any) variations as the circumstances of the case require:

"Victoria, &c.

"To A. B. and C. D., greeting.

"Know ye, that we, in confidence of your prudence "and fidelity, have appointed you, and by these pre

"sents

"sents do give unto each of full you,

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thority, diligently to examine all witnesses whatsoever, upon certain interrogatories to be exhibited to you in a cause wherein E. F. is Complainant and "G. H. and others are Defendants; and therefore we "command, that one of you do, at certain days and "places to be appointed for that purpose, cause the "said witnesses to come before you, and then and "there examine each of them, apart, upon the said in"terrogatories, either on their respective corporal "oaths first taken before you upon the Holy Evan'gelists, or in the case of Quakers upon their solemn "affirmation and declaration, or in such other solemn "manner as is or may be authorised by law, and that 66 you do take such their examinations and reduce "them into writing on parchment; and when you "shall have so taken them, you are to send the same "to us in our Chancery without delay, wheresoever "it shall then be, closed up and under your seal,

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distinctly and plainly set, together with the said "interrogatories and this writ. And we further "command you, that before you act in or be present "at the swearing or examining any witness or wit"nesses you do take the oath first specified in the "schedule hereunto annexed. And we further com"mand, that all and every the clerk or clerks employed "in taking, writing, transcribing, or engrossing the deposition or depositions of witnesses to be ex"amined by virtue of these presents shall, before he

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or they be permitted to act as clerk or clerks as "aforesaid, or be present at such examination, "severally take the oath last specified in the said "schedule annexed; and we also give to you full 66 power and authority to administer such oath to such "clerk or clerks in manner aforesaid. Witness our

Commissioner's oath.

(Name and address of agent and solicitor issuing writ.)

CIV. The oath to be taken by a commissioner is to be set forth in a schedule annexed to the commission, and is to be in the form following; viz.

"You shall, according to the best of your skill and "knowledge, truly, faithfully, and without partiality to 66 any or either of the parties in this cause, take the "examinations and depositions of all and every wit"ness and witnesses, produced and examined by "virtue of the commission hereunto annexed, upon "the interrogatories produced and left with you; "and you shall not publish, disclose, or make known "to any person or persons whatsoever, 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 depositions of the wit"nesses, or any of them, to be taken by you by virtue "of the said commission, until publication shall pass "pursuant to some general or special order of the "High Court of Chancery.

"So help you God."

And the said oath is to be taken by the commissioner who is to act in the execution of the commission previously to his acting therein, before any master in ordinary or before any master extraordinary of the Court who is not employed or concerned in the cause, and such master extraordinary is hereby authorised and required to administer such oath.

CV. The

CV. The oath to be taken by the clerk or clerks 1845. employed in taking, writing, transcribing, or ingrossing Clerk's oath. the deposition or depositions of witnesses to be examined by virtue of a commission is to be set forth in a schedule annexed to the commission, and is to be in the form following; viz.

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"You shall truly and faithfully, and without partiality to any or either of the parties in this cause, "take and write down, transcribe and ingross, the depositions of all and every witness and witnesses produced before and examined by either of the "commissioners named in the commission hereunto "annexed, as far forth as you are directed and em"ployed by the said commissioner to take, write down,

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or ingross the said depositions or any of them; and you shall not publish, disclose, or make known to 66 any person or persons whatsoever, the contents of "all or any of the depositions of the witnesses or any "of them to be taken, written down, transcribed, or ingrossed by you, or whereto you shall have re"course, or be any ways privy, until publication shall pass pursuant to some general or special order of "the High Court of Chancery.

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"So help you God."

And the said oath is to be taken before the acting commissioner, by the clerk or clerks employed as aforesaid, before he or they be permitted to act as such clerk or clerks, or to be present at the examination of witnesses under the commission; and the commissioner is hereby authorised and required to administer the said oath to such clerk or clerks accordingly.

CVI. The commissioner having taken such oath is, at the instance of any party entitled to examine wit nesses, to sign and deliver to such party a notice in

Notice to be given of time and place of examination.

1845.

Depositions to be in the first

person.

Commissioner
to proceed de
die in diem,
six hours a
day.

He may adjourn;

Certain matters to be entered on depositions.

Depositions to be sealed up and transmitted.

writing, specifiying the time and place when and where he will proceed to examine witnesses, and such notice is to be duly served by the party who obtains it upon the solicitors of all the other parties entitled to examine witnesses under the commission, and in case any such party has no solicitor, upon such party, at least ten clear days before the day therein named for proceeding to examine witnesses.

CVII. All depositions of witnesses are to be taken and expressed in the first person of the deponent.

CVIII. If the examination of witnesses cannot be completed in one day, and the circumstances of the case permit, the commissioner is to proceed de die in diem, during six hours of each day between the hours of eight in the morning and six in the afternoon, until the witnesses for all parties are fully examined; nevertheless, the commissioner may, if in his opinion the circumstances of the case require an adjournment, adjourn the proceedings, from time to time and from place to place, in such manner as he thinks proper; but he is in all cases to enter on the depositions any adjournment, and, where such adjournment is from place to place or otherwise than de die in diem, the cause or reason of such adjournment, and he is also to enter on the depositions the hours of the day on which he commences and concludes the examination of witnesses on each day, and the true cause of his not proceeding for the full time of six hours on each day, if such should be the case.

CIX. When the examination of witnesses is completed, the commissioner is to seal up the depositions, and is to transmit the same, sealed up with the commission, to the record and writ clerk's office.

CX. The