'le notice of tion. o'clock in the forenoon of the same day, I shall apply the To G. H. Esq. 2 Sol'r for def't. Esquires, as day of April, 1818. E. F. Sol'r for complainant. If the opposite party will not join in the commission, the clerk will issue the commission to the persons named in the notice, but if the party intends to join in the commission, then he must, on receipt of the notice, give notice to the adverse party four days exclusive before the time when the commission may issue, of his intent to join in the commission; and if he shall agree to the commissioners nominated by the other party, he shall at the same time give notice thereof in the following form: Form of notice of joining in the commission. In Chancery. Between sc. C. D. Defendant, 6. Form of Sir, A. B. Complainant. Me notice of Please to take notice, that I shall join in the comjoining in the mission to be directed to A. B. C. D. and E. F. all of commistion. the county of Duchess, Esquires, of which you have given me notice, and that I agree to the commissioners nominated by you. Dated the day of April, 1818. Your's, &c. G. H. Sol'r for defendant. To E. .F Esq. Sol'r for comp't. 7. Interrogasories, &c. to commission. Interrogatories to accompany the commission. By the 25th rule of court, the interrogatories, às accompany the Well direct as cross, which either party shall exhibit, together with such instructions as either party may choose to give the commissioners, relative to the execution of the commission, shall accompany the commission, when sent to the commissioners, and the party who shall sue out the commission shall have the carriage thereof, but if he shall neglect to proceed to the execution thereof, or unnecessarily delay the same, the other party may proceed thereon, and cause the same to be executed and returned. interrogatories tered to wit. 8. Copies of By the 68th rule of court, copies of all interrogatoto be adminis-ries to be administered to witnesses by either party, esses to be shall be furnished to the opposite party before the exthe opposite aminations thereon, that is to say, copies of all direct furnished to party. interrogatories shall be furnished six days before forwarding the commission, and copies of the cross interrogatories shall be furnished two days before forward ing it.(a) Form of the commission to examine witnesses. The people of the state of New-York, by the Grace of God free and independent, To Greeting: the commis Know ye, that we in confidence of your pru- 9. Form of dence and fidelity have appointed you, and by these sion. presents, do give unto you full power and authority, diligently to examine all witnesses whatsoever, upon certain interrogatories to be exhibited to you as well on the part of A. B. complainant, as on the part of C. D. defendant. And therefore we command you, any three or two of you, that at certain days and places to be appointed by you for that purpose, you do cause the said witnesses to come before you, and then and there examine each of them apart, upon the said interrogatories, on their respective corporal oaths first taken before you, any three or two of you, and that you do take such their examinations, and reduce them into writing; 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 seals, or the seals of three or two of you, distinctly and plainly set forth, together with the said interrogatories and this writ. And we further command you, and every of you, that before you act in, or be present at the swearing or examining any witness or witnesses, you do severally take the oath (4) Rale 68. 10. Oath to be taken by first specified in the schedule hereunto annexed; and we do give you, or any three or two of you, full power and authority, jointly or severally to administer such oath, to the rest, or any of you; and we do further command, that all and every the clerk or clerks, employed in taking, writing, transcribing or engrossing the deposition or depositions of witnesses to be examined by virtue of these presents, shall, before he or they be permitted to act as clerk or clerks as aforesaid, or to be present at such an examination, severally take the oath last specified in the said schedule annexed: And we do give you, or any of you, full power and authority, jointly and severally, to administer such oath to such clerk or clerks. Witness, James Kent, Esq. Chancellor, at the city of New-York, on the day of April, in the year of our Lord one thousand eight hundred and eighteen, and in the our Independence. G. H. Solicitor. year of Edm. Elmendorf, clerk. The form of the interrogatories is the same as when the examination is taken before an examiner in Chancery. Sec ante, p. 132. The commission, it will be seen, refers to the schedule containing the form of the oath, to be taken by them before they proceed to the examinations, and the form of the oath taken by their clerk, who is a person to be employed by them, to take down the testimony or answer of the witnesses to the interrogatories. Oath taken by the Commissioners. You shall, according to the best of your skill and the commis knowledge, truly, faithfully, and without partiality to sioners. 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 hereunto annexed, upon the interrogatories now produced and left with you; and you shall not publish, disclose or make known to any person or persons whomsoever, 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 de positions of the witnesses, or any of them to be taken by you, and the other commissioners in the said commission named, or any of them, by virtue of the said commission, until publication shall pass, by rule or order of the court of Chancery. Oath to be taken by the clerk. be taken by the clerk. You shall truly, faithfully, and without partiality to 11. Oath to any or either of the parties in this cause, take and write down, transcribe and engross the depositions of all and every witness and witnesses produced and examined by the commissioners, or any of them; and you shall not publish, disclose, or make known to any person or persons whomsoever, the contents of all or any of the depositions of the witnesses, or any of them to be taken, wrote down, transcribed, or engrossed by you, or whereto you shall have recourse, or be in any wise privy, until publication shall pass by rule or order of the court of Chancery. ant's privilege The first taking out the commission is commonly 12. Defend the privilege of the complainant, but if the defendant should the has reason to believe that the complainant will not not proceed in proceed in the commission, he may apply for a dupli complainant the commis. |