amination is sufficient or not, on which an order is granted as prayed.

A copy of the order being left with the master, he will sign a summons to proceed on the reference on that point, and if the party does not appear he will proceed ex parte. When both parties appear the complainant's solicitor reads the interrogatories which he conceives not to be answered, and the defendant's solicitor is bound to show from the examination that they are answered. If he fails in doing so, the master will report the examination insufficient in these points he may be of opinion that they are not answered, and then a summons may be taken out, underwritten, "To put in a further examination." The examination put in, in pursuance of this summons, may be referred as before, and upon being found insufficient, the master will so report, upon a certified copy of which report a motion for commitment may be founded. If the examination is satisfactory to the master, but not so to the parties in the cause, an order may be obtained to refer the examination back to the master to look into it again, and see whether it is sufficient. When he reports the examination sufficient, if the opposite party is dissatisfied, an exception may be taken to his report, and the judgment of the court had thereon.(d) If an examination be reported insufficient, new interrogatories cannot be added but upon special motion and notice.(e) A report of the insufficiency of the examination needs no confirmation, the master gives no copy of the draft of his report to found objections on, but the party takes exceptions in the first instance.

Summons and anderwriting.

Summons that defendant bring in his examination and

answer.

The summons is in the common form, (vide ante.}
The underwriting only is special. Thus:

The defendant is required to file with
the said master, on the day above mentioned, his ex-
amination and answers to the interrogatories exhibited
by the complainant for the examination of the defend-
ant, copies of which were served upon the solicitor
of the defendant, on the
Dated, &c.

Yours, &c.

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

day of

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

Examinations

A. B. Complainant.

The examination and answers of C. D. defendant, to and answers. the interrogatories exhibited by A. B. complainant, be

fore
honorable court, for the examination of the said de-
fendant, pursuant to a decretal order made in this
cause, on the

Esquire, one of the masters of this

day of

sand eight hundred and sixteen.

, one thou

First. This defendant, in answering to the first in

terrogatories says, that, &c. (Answering each interro

gatory separately)

State of New-York, ss.

C. D.

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

L. M. Counsel for Def't.

C. D. the before named defendant, being duly sworn Jurata. saith, that the several matters contained in his aforewritten examination and answers, and therein stated to be of his own knowledge, he knows to be true, and the several matters therein stated to be from the information of others, he believes to be true, and that the other contents in the said examination and answers are true, to the best of his knowledge, remembrance and belief. C. D.

Notice on serving a copy of examination and answers.

In Chancery.

Between

C. D. Defendant,
and

Sir,

A. B, Complainant.

Take notice, that the examination and answers of the above named defendant, to the interrogatories exhibited before James A. Hamilton, Esquire, one of the masters of this court, have been this day filed with the said master, and that the annexed is a copy of the said examination and answers. Dated, &c.

Yours, &c.

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

To E. F. Sol'r. for Comp't.

6. Reference

to the books of

and proceed

Reference to the books of defendant, and proceedings

thereon.

In addition to the facts disclosed by the examination the defendant, it may be necessary to refer to the books anu papers ings thereon. in the possession of the defendant. The order of reference may require him to produce before the master, on oath, all books, papers, &c. in his custody or power.(f) To compel the production of them if the authority is contained in the order, take out a summons underwritten, "At which time the defendant is required to produce and leave with the master all the books, papers, &c." following the words of the order. Upon the return of the summons the party must produce the books, &c. and leave them with an affidavit of their being all that are in his custody or power, or that he ever had. (g)* In default of which the master will grant a certificate, and the plaintiff may thereupon apply to the court by motion, that the defendant may, within four days, bring in and leave with the master the books and papers, &c. required, or show cause why he be not committed, and the plaintiff may make it a part of the application that the service of the order on the defendant's solicitor be good service, otherwise personal service of the order upon the defendant will be required. In England this order is peremptory in the first instance, that the books, &c. be produced, or the party stand committed; but from the analogy of the proceedings in our court, where the party does not

(f) Hart v. Ten Eyck and others, 2. Johns. Ch. Rep. 513

(g) 1 Turner, 114. Newland Ch. Pr. 162

• The defendant may except such papers as it will be necessary to produce as vouchers in taking the account, and need not leave them with the master, 1 Furner, 114. note.

bring in his examination, the first order with us would be an order nisi, that they be produced, or that cause be shown. Should the defendant neglect to obey this order, the like proceeding should be adopted, and the like punishment would be inflicted for the contempt by commitment, as was before mentioned.

If the party calling for the books is not satisfied with the production, he may request the master to certify whether he is or not satisfied therewith, but the court will not order the master to make such certificate.(h) Should he make the certificate, the proceedings thereon to compel a full production would be similar to what is before stated. But if the master is satisfied, and refuses the certificate, the mode of correcting the master's judgment, in this particular, seems to be to move to be at liberty to exhibit fresh interrogatories for the examination of the party on this point.(i) If the master should refuse his certificate on the ground that the party is not compellable, upon his construction of the decree, to make any production, it will be proper to move for an order on the party himself, that he make the required production.(j)

Of the complainant's charge.

complainant's

Having all the necessary information drawn from 7. Of the the defendant's answer, schedules and examination, and charge. the evidence in the cause to prepare the charge or statement of the several items with which the plaintiff claims to be entitled to charge the defendant in the account, make out such charge and file it with the master; serve a copy thereof upon the opposite solicitor,