ing considered in relation to the cause, a party to it.(o)* Where by special order the depositions have been taken in secret, and either party is anxious to hasten the period of the final hearing before the mas ter, he may take out a summons, underwritten, "at. which time the said master will be moved to make public the depositions taken before him, and to deliver copies thereof." Upon this attendance, unless further delay is granted by the master, upon the application of either party, the copies of the depositions will be delivered.

Interrogatories for the examination of witnesses before

In Chancery.

a master.

Between

A. B. Complainant,
and

C. D. Defendant.

Interrogatories to be exhibited to witnesses, to be produced, sworn and examined on the part of the complainant, before I. H. Esq. one of the masters of this honorable court, relative to the subject matter of a certain reference, now pending before him, pursuant to a decretal order of this honorable court made in this cause, on the day of one thousand

eight hundred and sixteen.

1st. Interrogatory. What is your name, age, occupation or profession, and where do you reside? Declare.

(o) Newland, 166. 1 Turner, 119.

Though the decree in cases of creditors proving their claims before the master usually directs that they shall be brought in within a certain time, yet they will be let in after that time is elapsed while the fund is in court. Lashley v. Hogg, 11 Ves. 602. 1 Turner, 119. Newland, 166. They are not allowed their costs of proving their debts before the master. 10 Ves. 355. Newland, 166.

2d. Interrogatory. Do you know the parties, complainant and defendant, or either and which of them, and how long have you known them, or either and which of them? Declare the truth and your knowledge therein, &c. &c.

3d. Interrogatory. Do you know, &c. &c.

Last Interrogatory. Do you know, or have you heard of any other matter or thing that may tend to the benefit or advantage of the complainant in this cause? If yea, declare the same as fully as if you had been thereto particularly interrogated.

Take notice, that the annexed are copies of the direct interrogatories on the part of the complainant, intended to be administered to witnesses, to be produced, sworn and examined on the part of the complainant, before I. H. Esq. one of the masters of this honorable court, relative to the matters in reference before the said master in the above cause. Dated, &c. Your's, &c.

To G. H. Esq.
Sol'r for def't.S

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

Notice,

Notice of the names of the witnesses.

Take notice, that A. B. and C. of the city of NewYork, merchants, and D. E. and F. of the same place, counsellors at law, will be examined as witnesses on the part of the complainant in the above cause, before I. H. Esq. one of the masters of this honorable court, at his office No. street, in the said city, inst. at ten o'clock in

on the

day of

the forenoon, on interrogatories in the above cause, copies of which were served upon you on the

day of

To G. H. Esq. 2

Sol. for def't.S

Cross interrogatories before the master,

In Chancery.

Cross interrogatories,

Cross interrogatories on the part of the defendant, to be administered to witnesses, to be produced, sworn and examined on the part of the complainant in the above cause, before J. H. Esq. one of the masters of this court, relative to the matters in reference, now pending before him, under a certain decretal order

made in the above cause, on the
day of
one thousand eight hundred and sixteen.
1st. What is your name, age, occupation, or pro-
fession, and where do you reside? Declare, &c. &c.
Last. Do you know, or have you heard any other
matter or thing relative to the matters pending in
this cause, material or advantageous to the defendant?
If yea, set forth the same as fully and particularly as
if you had been particularly interrogated thereto.

G. H. Sol'r. for Def't.

I. S. Counsel for Def't.

Notice accompanying cross interrogatories. The same as the notice accompanying the direct interrogatories mutatis mutandis.

Of arguing the cause before the master.

the cause be

The testimony being all prepared, and the parties 11. Arguing furnished with copies of the depositions, when the wit-fore the master. nesses have been examined upon interrogatories, either party may take out a summons, underwritten, "On which day there will be a final hearing before the said master, of the matters in reference in this cause.' Upon the attendance of the parties before the master, the cause is argued before him in the same manner as is done in the Court of Chancery. The master will take time to make up his report, and having prepared a draft of it will notify the respective solicitors. (See the form of the report post.) Either party may then take out a summons, underwritten, "to peruse the draft of the master's report," and, upon attending him the master will furnish them respectively with a copy of his

12. Settling

report.

par

report, for which the bill of the first of November, 1816,
makes provision, in cases of reference to take accounts
and make inquiries. (a) Much attention is now neces-
sary, that all the questions which have been agitated
before the master, his determinations or opinions
thereon, and the proceedings had before him in the
cause may be so stated that the interests of all the
ties for whom the respective solicitors are concerned
may appear in the report, and come properly before
the court for its decision. A further reference will
not be made to a master to ascertain a fact which
might have been considered in the former. The Lord
Chancellor says, "if new references are to take place
whenever the parties wish to bring forward fresh facts,
it would lead to an inconvenience, and would be doing
upon a rehearing what would properly be the subject
of a bill of review, where the parties must swear that
the facts were not in their power at the time of filing
the former bill.(b)

Settling the draft of the report.

When the draft of the report has been duly consithe draft of the dered, and either of the parties is prepared to attend the master thereon, he may take out a summons, underwritten, "to settle the draft of the master's report,' upon which attendance if either of the parties conceive that the interest of his client has not been properly attended to, or that the master has erred in making up his report, he must bring in objections in writing to the draft of the report ;(c) but if no objections are brought

(a) Remsen v. Remsen, 2 Johns. Ch. Rep. 502. Ante, p. 225. 2 Mad. 387.

(b) Grave v. Salisbury, 1 Bro. Ch.

Cas. 425.

(c) 2 Mad. 388. Kemsen v. Remsen, 2 Johns. Ch. Rep. 502. Ante, 223.