To prove the delivery of the abstract of the plaintiffs' title to the defendant;

SECT. II.

FORMS OF INTERROGATORIES FOR THE EXAMINATION OF

WITNESSES IN CHIEF (1).

Whether or no did you at any time and when as the solicitor of the said complainants deliver to the said defendant or to any person and whom by name on his part

(1) Interrogatories for the examination of witnesses must be signed by counsel, and should only extend to points material and not confessed; Bea. Ord. 70, 71, 184, 273, 312; if the interrogatories are leading, or if they are scandalous, or both scandalous and impertinent, they will be suppressed with costs; see 2 Madd. Ch. Pr. 412; 2 Fowl. Ex. Pr. 127; White v. Fussell, 19 Ves. 112, 2d edit.

Interrogatories framed thus, Did you not do or see,' &c.
Did you not hear that,' &c. are accounted leading.

Where the plaintiff's christian name is mistaken in the title of the interrogatories the depositions cannot be read, nor will the court permit the title to be amended; White v. Taylor, 2 Vern. 435.

Interrogatories administered to witnesses are all strung together, and the party by his agent points out the particular interrogatories or parts of interrogatories to which he wishes the witness to be examined.

A witness may object to answering questions which may have a direct tendency to criminate himself, or render him liable to disabilities or pecuniary penalties, (see Paxton v. Douglas, 16 Ves. 242, 3,) but a witness cannot demur to being examined because the question is not pertinent to the matter in issue; Ashton v. Ashton, 1 Vern. 165; if interrogatories be improperly exhibited to a witness (as if for instance he is a party interested) he must demur, and must state his reasons on oath; see 2 Madd. Ch. Pr. 408; Parkhurst v. Lowten, 2 Swanst. 204; Bowman v. Rodwell, 1 Madd. Rep. 266; Nightingale v. Dodd, Mos. 229.

Where a witness had in his examination omitted to state material facts, which he had stated in writing previously to his examination that he could depose to, the court refused to permit him to be re-examined; Asbee v. Shipley, 5 Madd. 467; and see Lord Abergavenny v. Powell, 1 Mer. 130; Bott v. Birch,

5 Madd. 66.

The examination of witnesses being foreigners must be in English, and the interrogatories must for that purpose be translated into the language of the deponents, and their answers translated by sworn interpreters; Lord Belmore v. Anderson, 4 Bro. Ch. Ch. 90.

any abstract of the title of the said complainants to the estates and premises in the pleadings mentioned? Whether or no did the said defendant or any person and who on his part at any time or times and when and how make to you any and what objection to the said title, and what answer did you thereupon make, and if by writing set forth the same in the words and figures thereof, and what afterwards passed between you and the said defendant or any other person and whom on his part respecting the said title or the agreement for purchase in the pleadings mentioned? Set forth &c.

Were you at any time and when and by whom and on whose behalf furnished with an abstract of the title of

the said complainants to the premises described as lot 2 in the pleadings of this cause mentioned? And did you at any time or times apply to any person or persons and whom by name as the solicitor or solicitors of the said complainants for a copy or abstract of the alleged lease under which the said premises were stated to have been let? If yea, What passed between you and the solicitors for the said complainants at the time of making such application relative to such alleged lease? Declare &c.

Had or not the said R.W. as you know or do for any and what reason believe access to the said M.W. his wife, or was he or not in her company or did he or not see her at any and what times or time from the month of

to

? And if yea, When and how often and at or about what times or time and for what space of time at each time and where and on what occasion? Where did the said R.W. live or reside during all such period of time as you know or do for any and what reasons believe? Declare &c.

*Whether or not did the said defendant C. L. as you know or do for any and what reason believe, deliver or cause to be delivered unto the said S. D. F. in his life-time a written account or any writing purporting to be an account of some debt or debts or sum or sums of money that was

To prove whether a husband had access to his wife during a particular period and when,

and where he resided.

To prove the delivery of an account of monies owing from a deceased person to the defendant,

or were due or owing by or from the said S. D. F. to the

in what language said defendant C. L.? If yea, In what character and lan

written,

when delivered, and the particulars of the debt,

and whether the deceased examined the account;

livered the same to the witness,

that witness by his direction made a copy thereof,

and in what language, the delivery thereof to the deceased,

guage was such account or writing written or made out, and when or about what time was the same delivered to the said S. D. F., and what was or were the particular or particulars of such debt or debts or sum or sums of money, and how much did the same amount unto in the whole as you know remember or believe? Whether or no did the said S. D. F. as you know or do for any and what reason believe, peruse or examine the said account? Did or did not the said S. D. F. ever deliver the said account to you? To prove that he de- If yea, When and about what time and for what purpose did he deliver the said account to you? Did you or did you not by the order or direction of the said S. D. F. or otherwise and how, at any time and when make or write a true copy of the said account? If yea, In what language and character and for what purpose was such copy made or written, and was or was not such copy at any time and when and by whom delivered to the said S. D. F.? And did or did not the said S. D. F. at any time or times and when peruse and examine the said copy, and did he or did he not in his own hand-writing or otherwise and how and in what language and character and at or about what time or times make or write any and what minutes memorandums or observations on the said copy? Whether or no is the paper-writing marked with the letter (B) and now produced by you or any and what parts and part thereof of your own hand-writing? If yea, How much or what part or parts thereof is or are of your own hand-writing, and how much and what part or parts thereof is or are of the hand-writing of any other person or persons and whom as you know or do for any and what reason believe? Is or is not the said paperwriting marked with the letter (B) the copy which was made or taken by you of the aforesaid account? If yea, Translate the said paper-writing marked with the letter (B) and all the minutes memorandums and observations written or made

that he examined the same and made observations thereon;

To prove the copy in the possession of the witness as an exhibit, and the hand-writing,

That witness may translate the copy into English and the observations made there

on, distinguishing the parts written by the witness and by other

persons.

thereon into and set forth the same in the English language, and in making such translation, distinguish and point out the English of so much or of such part or parts of the said paper-writing as was or were written by you, and also the English of so much or of such part or parts of the said paper-writing as was or were written by any other person or persons and whom; Declare &c.

To prove that witness was a party as a trustee to certain deeds;

That he was in the

employ of certain persons, and that an account existed between them and a deceased

That witness, as

trustee, sold certain houses;

That at the time of such sale, an account existed unsettled between the deceased plaintiff and certain other persons;

*Were you or not a party as a trustee for sale or otherwise and how, to certain and what indentures of lease and release bearing date the 9th and 10th days of March 1792, in the pleadings in this cause stated, or to some or one and which of them? And were you or not for some length of time and from and to what period in some and what manner in the employ of T. E. and G. D. both now deceased, in the pleadings in this cause named? And do you or not by some and what means know whether some and plaintiff; what account did not exist between the said T. E. and G. D. or one and which of them in their or his life-time with W.J. deceased, the late plaintiff in this cause? Did you or not as a trustee for sale as aforesaid, ever and when sell and dispose of the respective houses and premises of which you were a trustee for sale under such indentures of lease and release as aforesaid? And was there or not some and what account open and unsettled between the said W. J. deceased and the said T. E. and G. D. or with one and which of them at the time the said houses and premises were respectively so sold and disposed of by you? If yea, Was such account ever to your knowledge settled and adjusted between them or any and which of them, and was or not such account an open and unsettled account at the time of the death of the said W. J. as you know or for some and what reason believe? And if such account had ever been stated settled and adjusted between the said T. E. and G. D. and the said W.J. in his life-time, should you or not from your connexion or by your employment with the said T. E. and G.D. or by some and what other means have known thereof? Do you or not know whether the said W.J. in his lifetime made or caused to be made any and what applications or application to the said T. E. and G. D. or to one and which of them for a statement of or to come to a settlement of the said account existing between them? If yea, Set forth the number of such applications and the respective times or time in particular when the said W. J. made or caused to be made such applications or application, and the nature thereof, and when and by whom made, and in whose presence, and upon what occasions or occasion, and on or about what date in particular was the last time the said W. J. made or caused to be made such application to the said T. E. and G. D. or to either and which of them, and what passed between the said parties respectively at the respec

Also to prove the applications made by the deceased plaintiff for a settlement;

and what passed at the time of such applications.

tive times or time such applications or application were or was made? Declare &c.

To prove a statement of accounts between the plaintiff and defendants relative to a testator's estate, what

balance was ascertained to be due, and

Were you or not present at any time and when at the stating of any and what account between the said complainant and the said defendants touching or concerning the estate and effects of the said testator R. F. in the pleadings of this cause named? If yea, Was or were or not any account or accounts touching such estate or effects then settled the payment thereof. between them, and was or not any and what balance then settled and ascertained as due to any and which of the said parties, and was or not such balance then paid over, and if not, why and for what reason? Declare &c.

To prove the delivery of an attorney's bill, and that an action was commenced for the recovery of the

amount.

Whether or no did you at any time and when deliver to the said defendants or either and which of them, any bill for business done by you on their or either and which of their account not connected with the said cause, and whether or no did you at any time and when cause any and what proceeding to be commenced against the said defendants or either and which of them for the amount of such bill? Declare &c.

To prove the production of a book to a person containing certain acknowledgments or memorandums signed by him, and the declarations made by him relative thereto.

* Did you or not at any or either and which of the meetings between you and the said inquired after by the last preceding interrogatory, produce or show unto the said

all or any and which of the acknowledgments or memorandums to which his name appears to be subscribed, and which are written or contained respectively in the folios of the said produced book marked (A)? And did the said on any and which of such occasions or on any other and what occasions or occasion and when in particular, say or declare any thing and what unto you or unto any persons or person and whom by name in your presence or hearing relative to such acknowledgments or memorandums, and to his name appearing to be subscribed thereto, and purporting that he had signed the same or any and which of them, or that his name appearing to be