4. Interroga. tory by one copartner on ship account. as settled and allowed. In England, these copies are made by the masters, (f) but as our fee bill makes the masters no allowance for such papers, it has been the practice for the solicitors themselves to furnish the copies. The defendant cannot be interrogated as to any facts which he has before stated in his answer, without an order obtained upon special application to the Interrogatories exhibited by the complainant before one of the masters of this honorable court, for the examination of the defendant, upon the subject matter of a certain reference, now depending before the said master, pursuant to a decretal order made in this cause, on the day one thousand eight hun dred and sixteeen. 1st. Interrogatory. Have you, or some, and what partner to his person or persons, and who by name, by your order, or settling copart- for your use, or with your knowledge, privity or consent, received any sum or sums of money which remained due and owing to the said copartnership of B. and D. at the dissolution thereof, or which have or has since become due and payable to the said copartnership, other than such sums of money as appear by the books of the said copartnership to have been received by you since the said dissolution? If, (f) Newland's Chan. 161-2. 1 Turner, 108. yea, from whom, and when in particular, was or were such sum or sums of money respectively received? 2d. Interrogatory. Have you, or any person or persons, and who by name, by your order or for your use, or with your knowledge, privity or consent, since the dissolution of the said copartnership, received from or any other person or persons, the amount of the debt due by him to the said copartnership at the time of the said dissolution, or any sum or sums of money, property or effects, on account of such debt; if yea, set forth fully and particularly the amount of each sum of money, and the value of the property or effects so received, and the time the same was or were received. E. F. Sol'r for comp't. C. D. of counsel for comp't. Notice that interrogatories will be settled by the master. Sir, Between A. B. Complainant, and C. D. Defendant. Please to take notice, that the annexed are copies of the interrogatorics intended to be exhibited by the complainant, for the examination of the defendant, upon the subject matter of the reference now pending before Esquire, one of the masters of this honorable court, the draft of which interrogatories will be settled by the said master, on Saturday, the tenth day of June, instant. Dated, June 5, 1816. Notice Your's, &c. To G. H. Esq. 2 Sol'r for def't. 1.} E. F. Sol'r for comp't. 4. Report of the master. Underwriting to summons to settle the draft of interrogatories. The summons in the common form. The underwriting is as follows:-" On the day in the above summons named, the draft of the interrogatories intended to be exhibited by the complainant, for the examination of the defendant, will be settled by the master." E. F. Sol'r. for comp't. To G. H. Esq. Report of the master, that he has allowed the interrogatories-notice of serving copies thereof—summons and underwriting, that the defendant bring in his examinations or answers to the interrogatories. This report is short, stating the mere fact of his having allowed the interrogatories which are annexed to the said report. If either party objects to the interrogatories allowed by the master, he must except to the master's report; and the decision of the chancellor will be given upon the exceptions. But it is not settled whether this is the more correct practice, or whether the party ob jecting should not wait till the examination is put in, and then except to the report of the master of the sufficiency thereof, as before pointed out. Take notice, that the annexed are copies of the Nouge. interrogatories exhibited by the complainant, for the examination of the defendant, upon the subject matter of the reference now pending before Esq. one of the masters of this honorable court, as the same have been settled and allowed by the said master. Your's, &c. Dated, To G. H. Esq. 2 E. F. Sol'r for comp't. Sol. for def't. To hasten the defendant in preparing and putting in 5. Examina tion of the defendant upon fendant his answer or examination to the interrogatories, it may be necessary to take out a summons for him to bring the complainant's interra in his examination; this summons is underwritten, "at gatories which time the defendant is to bring in his examination." The master on the request of the defendant will indulge him with a reasonable time to prepare his examination; or an order may be obtained from the Chancellor, granting time, on motion, which is of course.(a) But if after the service of the summons to bring in the examination, and after the time with which the master or the court may think fit to indulge the defendant is expired, and he makes default in putting in the examination, the master on the usual affida (a) 1 Turner, 110, vit of the service of the summons will give his certificate that the examination is not put in, upon which a motion may be made in court, that the defendant put in his examination in four days, or show cause why an attachment should not issue against him. The English books say, that the order requires the party to put in his examination within four days or be attached.(a) But our court, in the cases which have come before it, made this an order nisi.(b) It is usual to make it part of the order that service upon the defendant's solicitor be deemed good service, otherwise the service must be upon the defendant personally (e) The order being drawn and served, if the defendant does not put in his examination within the time required, the court, upon an affidavit of due service of the order, and the master's certificate of the default, will make an order that the defendant be committed for contempt, and the defendant must remain in custody until an order can be procured for his release, upon motion founded on the master's certificate that the examination is put in, and on payment of the costs incurred by the contempt. The examination being drawn, it must be subscribed, sworn to, and filed in the master's office, and a copy served upon the opposite party. If this examination is sufficient, the party who left the interrogatories with the master will proceed to form his charge. If, however, after carefully comparing the examination with the interrogatories it should appear insufficient, an application may be made by motion in court that the examination and interrogatories be referred to the master, to look into them, and report whether the ex |