to make the said pretended or alleged will or to sign or publish the said alleged writing or memorandum? And was he or not under great mental imbecility from his age and infirmities? Declare &c.

4th. Do you know any other matter or thing not inquired after by these interrogatories which may tend to impeach the validity of the said pretended or alleged will or writing or memorandum to the benefit of the said defendant J. H. in this cause? If yea, Set the same forth.

The concluding general interrogatory.

As to witness being interested in the event of the suit, and whether he is not defendant in an action of trespass in which the title to the lands in question is depending, whether a verdict was not found for the plaintiff's at law, and

whether execution is not stayed by injunc

tion.

Interrogatories to the competency of witnesses, exhibited to them on their cross-examination (2).

Are you not interested in all or some and which of the matters in issue between the parties or some and which of them in this suit, and shall you not and in some and what manner lose or gain by the event thereof, and especially are you not the defendant in an action of trespass or in some and what action at law wherein the defendants in this cause or some and which of them are plaintiffs, and wherein is or was at issue or depending either mediately or immediately the right and title of the complainants and defendants in this cause or of some and which of them to the same beds or strata of coal, the right and title whereto is litigated and in issue in this cause, or to some and which of the same beds or strata, or to some or what other beds or strata of coal, and has not a verdict been found in the aforesaid action at law in favor of the plaintiffs therein, and is not execution stayed therein by the order and injunction of the High Court of Chancery obtained in this cause upon the application of the complainants or of some and which of them therein? Declare the truth of the several matters aforesaid, together with your utmost knowledge and belief herein.

(2) If a witness is interested and is known to be so previously to his examination, a general interrogatory, should be framed requiring him on his cross-examination to answer whether or no he is interested; and if he untruly denies that he is interested, the party affected by his evidence may discredit the witness by examining other witnesses as to the truth of that proposition; 2 Madd. Ch. Pr. 422; (there may however be a general interrogatory to every witness whether he has any interest, Purcell v. Macnamara, 8 Ves. 325, 2d edit.). If however a party has omitted to examine a witness as to his interest in the suit, he may before publication move on affidavit for leave to re-examine the witness as to the fact of interest; see Vaughan v. Worrall, 2 Madd. Rep. 322, 328; which case was affirmed on appeal, 2 Madd. Ch. Pr. p. 422, note(t).

If a man is examined as a witness and is at his examination disinterested, but afterwards becomes interested and either plaintiff or defendant in the cause, his depositions may be read; Goss v. Tracey, 1 P. Wms. 288; Glynn v. The Bank of England, 2 Ves. sen. 42; Cope v. Parry, 2Jac. & W. 538, 9.

* Have you not lately and since this suit was instituted, and at what time in particular, become a co-partner together with the before named several complainants or some and

which of them in the establishment or concern called or known by the name or style of the "L-M-Company" and in the pleadings mentioned, and have you not thereby or by some and what other means acquired, and have you not now and do you not and for what reason claim to have a beneficial interest or some and what interest in the beds or strata of coal the right and title whereto is litigated in issue between the complainants and defendants or some and which of them in and by this suit, or a beneficial or some and what interest in some and which of the said beds or strata of coal or in some and what parts thereof, or in some and which of the several matters whereto this suit has relation? Declare the truth of the several matters aforesaid, together with your utmost knowledge and belief herein.

As to whether witness has not become copartner with the plaintiffs in the concern carried on by them, and whether he does not claim a beneficial interest in the lands the title whereto is in issue between the parties.

* Shall you not be in some manner a gainer or be otherwise affected in case the will of the said J. H. should be established and carried into execution? If so, Set forth how and in what manner or in what respect you are likely to be a gainer or affected thereby; Declare &c.

Interrogatories for the examination of a witness on the voir dire as to his being interested (3). [For a form of title, vide antea, No. 11. p. 151.]

1st. Have you any and what interest in the performance or non-performance of the agreement in the pleadings of this cause mentioned? And if yea, Set forth the nature of such your interest and how the same arises; Declare &c.

* 2d. Have you any and what interest in the determination or decision of this cause, or can you by any and what means gain or lose by the event of the said suit? Declare &c.

(3) See Stokes v. M'Kerral, 3 Bro. Ch. Ca. 228; S. C. cited by the Vice-Chancellor in Vaughan v. Worrall, 2 Madd. Rep.

328.

As to whether witness has not an interest in

the establishment of the will in question.

To ascertain what interest witness has in the performance of the agreement in question.

As to his interest in the event of the suit.

As to any obligation he may be under to pay or secure the defendant's costs.

* 3d. Are you under any and what honorary or legal obligations and to whom to pay or secure or to see paid or secured the costs or any part of the costs of the said defendant which she has or may incur in this suit or be liable by decree or otherwise to pay? Declare &c.

Articles to discredit witnesses (4).

Articles exhibited by A. B. complainant in a certain cause now depending and at issue in the High Court of Chancery wherein the said A. B. is complainant and C. D. defendant, to discredit the testimony of E. F., G. H., and J. K. three witnesses examined before L. H. esq. one of the examiners of the said court on the part and behalf of the said defendant (5).

1st. The said A. B. doth charge and allege that the said E. F. hath since his examination in the said cause owned and acknowledged that he is to receive or be paid and also

(4) A party is at liberty to examine a witness by general interrogatories as to the credit of the witness, and in contradiction of such facts sworn to by the witness as are not material to what is in issue in the cause; Purcell v, Macnamara, 8 Ves. 327, 2d edit., and the cases referred to in note (31), ibid.

Examinations to the credit of witnesses can only be by order upon special application with notice, whether before or after publication; but though it is a special motion, it is not necessary in all cases that it should be accompanied by affidavits, see Watmore v. Dickinson, 1 Ves. & B. 267, and note (b), 2 Madd. Ch. Pr. 423. If evidence as to the credit of a witness is taken upon the examination in chief it may be suppressed as impertinent; Mill v. Mill, 12 Ves. 409; 2 Madd. Ch. Pr. 423, 4. There is no precise time within which the examination as to credit is to take place; Piggott v. Croxhall, 1 Sim. & Stu. 467; in which case the plaintiffs were allowed to examine by general interrogatories (in support of articles) as to the credit of the witnesses, and also as to the fact of their having previously to their examination made declarations contrary to their depositions, the Court being of opinion that the fact of such declarations was not material to the issue in the cause.

Forms of titles of interrogatories to discredit the testimony of witnesses will be found in pages 151, 2, antea. (5) See 2 Newl. Ch. Pr. p. 317.

that he doth expect a considerable reward gratuity recompense or allowance from the said defendant in case the said defendant recovers in the said cause or the said cause be determined in his favor, and that the said E. F. is to gain or lose by the event of the said cause.

2d. The said A. B. doth charge and allege that the said G. H. and J. K. are persons of bad morals and of evil fame and character, and that they are generally reputed and esteemed so to be, and that the said G. H. and J. K. are persons who have no regard to the nature or consequences of an oath, and that they are persons whose testimony is not to be credited or believed.

The title must be varied if the depositions are taken by commission; As thus:

Articles exhibited by A. B. complainant in a certain cause depending and at issue in the High Court of Chancery wherein the said A. B. is complainant and C. D. defendant, to discredit the testimony of E. F. and G. H. two witnesses examined by virtue of a commission issued out of the said court to J. K. and others directed for the examination of witnesses in the said cause upon certain interrogatories exhibited before them for that purpose, and which said witnesses were examined in the said cause on the part and behalf of the said defendant.