22. Form of

the notice.

a witness dis

and of the time and place of examination. The notice may be in the following form :(a)

In Chancery.

Between

{{

A. B. Complainant,
and

C. D. Defendant.

SIR, Please to take notice, that I. W. who resides in the first ward of the city of New-York, merchant, will be examined as a witness in this cause, on the part of the complainant, by Anthony Bleecker, Esq, one of the examiners of this court, at his office, situated in Pine-street, in the city of New-York, on Saturday next, the 4th of July, at 10 o'clock in the forenoon of the same day-Dated this 1 July, 1818.

Yours, &c.

To G. H. Def't's. Sol'r.

E. F. Sol'r. for Comp't.

This notice must be given two days exclusive of the day of service, and before the day assigned for the ex23. Shewing amination of the witnesses by the examiner. In Engpensed with land it is the practice to show every witness to the opposite party before he is examined, but the 28th rule of court dispensed with it, and the above notice is substituted in its stead-when one party has filed direct interrogatories, the other party may file with the same examiner cross interrogatories, of which he must furnish the opposite party with a copy and notice, that the witness is to be examined on cross interrogatories. Copies of all cross interrogatories shall be furnished two days before forwarding the commission, if a commission be intended to be made use of, or before the day assigned for the

(a) Rule 28.

examination of the witnesses. (a) The examiners, after taking the depositions to all the interrogatories to which the witness examined can depose, shall add one general clause, indicating, that to the remainder of the interrogatories, the witness cannot depose (when there are any so circumstanced) without specially enumerating all the interrogatories, so as to swell the proceedings unnecessarily.(b)

Instructions to the Examiner.

After the interrogatories have been filed with the examiner, and before the time when the witnesses are to be examined thereon, the party whose interrogatories are filed, will serve on the examiner instructions for the examination of his witnesses, according to the several points upon which he wishes their testimony to be taken, specifying the interrogatories on which they are to be examined. This is a great saving of time, as well to the examiner as the witnesses, and facilitates the progress before the examiner. These instructions may be in this form:

In Chancery.

Sir,

Between

A. B. Complainant,
and

C. D. Defendant.

You will please to examine the several witnesses on the part of the complainant, upon the interrogatories filed with vou in this cause as follows:

24. Form of the deposi tions.

A. B. to the 1st, 2d, 3d, 7th, and last interrogatories.
C.D. to the 1st, 4th, 6th, 8th, and last interrogatories. /
E. F. to the 1st, 2d, 5th, 4th, and last interrogatories.

Dated, the

day of Your's, &c.

To A.B. Esq. Examiner.

1818.

E. F. Sol'r for Compl't.

A similar course may be adopted when the witnesses are examined by commissioners, in which case the instructions will be forwarded with the interrogatories.

Form of Depositions of Witnesses in Chancery.
In Chancery.

R. P. a witness produced, sworn and examined on direct interrogatories, to him administered in a certain cause pending in the court of Chancery, of the state of New-York, wherein C. D. is complainant, and E. F. is defendant, on the part of the complainant, deposeth as follows, viz:

To the first interrogatory, this deponent saith, that he
is aged twenty-five years and upwards; has no par-
ticular profession; he knows the complainant, and
has been acquainted with him for twenty years last
past; but, that he knows the defendant merely by
sight.
To the second interrogatory, this deponent saith, that
some time in the month of May last, to the best of
his recollection as to the time, he was present at the
house of the complainant, when a conversation took
place between the complainant and defendant, rela-
tive to the tract of land mentioned and inquired
about in said interrogatory; that the complainant

asked the defendant, &c. &c. and to the other mat-
ters and things inquired about in the said interroga-
tory this deponent cannot depose, as he knows no-
thing in particular respecting the same.
To the third interrogatory, this deponent saith, that he
is acquainted with the hand-writing and signature of
the defendant, from the circumstance of having fre-
quently seen him write and sign his name; and, that
as to the paper writing, marked with the letter 0,
mentioned in said interrogatory, and now produced
and shown to the deponent, the name C. D. sub-
scribed to the same, is in the proper hand writing of
the said C. D. the defendant.

To the seventh interrogatory, this deponent cannot de-
pose more particularly than he has already men-
tioned in his answer to the second interrogatory.
To the last interrogatory, this deponent saith, that he
remembers hearing the defendant say, &c.

To the fifth and sixth interrogatories, this deponent
cannot depose, and to the rest he was not examined.
Sworn and examined this
day of

before me,

}

A. Bleecker, Ex'r in Chan'y.

R. P.

Caption to Depositions on Cross Interrogatories. In Chancery.

R. P. a witness already examined on direct interrogatories to him administered on the part of the complainant in a certain cause, pending in the court of Chancery, &c. wherein A. B. is complainant, and C. D. is defendant, and now examined on cross interrogatories on the part of defendant, deposeth as follows, viz:

25. Of pas sing publica. tion.

Of Passing Publication.

When the examination of witnesses on both side. is perfected, either party serves the other with a rule or order of court, importing, that the depositions will be made public, unless sufficient cause be shown against it, within a time therein expressed, which is a rule of three weeks.(a) If no cause is shown, the rule is made absolute; this is termed "Passing publication," and absolves the examiner from his oath of secrecy. One rule to produce witnesses, and one rule to pass publication shall be sufficient, and each shall be a rule of three weeks.(b)

Publication.

After publication has passed, but the depositions taken not read, a motion to enlarge the time of publication will not be granted but on special cause shown, and due notice to the opposite party of the motion.(c)

After publication has once passed, witnesses cannot be examined, unless under very special circumstances.(d)

To enlarge publication, is to stay or postpone the rule for passing publication; and a motion for that purpose may be granted, on reasonable cause shown; but this is very different from a motion to examine witnesses, after publication has actually passed.(e)

The deposition of a witness, whose examination was not closed until after publication had passed, was allowed to be read, he having been cross-examined by

(a) Rule 20.

(b) Rule 20.

(c) Hameraley v. Brown, 2 Johns, Ch.

Rep. 428.

(d) Hamersley v. Lambert & others, 2 Johns. Ch. Rep. 432.

(e) Ibid.