which may occasion the interest transmitted to be contested, the benefit of the suit can not be obtained by a bill of revivor, eo nomine, but must be sought by

3. An Original Bill, in the nature of a Bill of Revivor. It is said to be original, merely for want of a privity of title between the parties to the former, and those to the latter suit, and when the validity of the alleged transmission of interest is established, the suit is in the same situation as it would have been by bill of revivor merely, in case the establishment of such interest had been unnecessary. This bill, like the bill of revivor, states the original bill and proceedings, the abatement, and the manner in which the interest of the party deceased has been transmitted; and it must likewise charge the validity of such transmission, and state the facts which have accrued under it.

If, again, the interest of a party to the suit be, by any event, wholly determined, and the property become vested in others not claiming under him, the benefit of the original suit can not be obtained by either of the last mentioned bills, but by

4. An Original Bill, in the nature of a Supplemental Bill.

This bill must state the original bill, and the proceedings had under it; the event which caused the abatement of the suit; and the manner in which the property in dispute has become vested in the persons entitled; show the equitable grounds upon which the parties are entitled to the benefit of the former suit; and pray a decree of the court adapted to the nature of the plaintiff's case.

A bill for this purpose seems to differ from an original bill in the nature of a bill of revivor, in this, that upon an original bill, in the nature of a bill of revivor, the benefit of the former proceeding is absolutely obtained; so that the pleadings in the first cause, as also the de

positions of witnesses (if any have been taken), may be used in the same manner as if they had been filed or taken in the second cause; and if any decree has been made in the first cause, the same decree will be made in the second cause. But in the case of an original bill, in the nature of a supplemental bill, a new defense may be made; the pleadings and depositions can not be used to the same extent as if filed or taken in the same cause; and the decree, if any has been obtained, is no otherwise of advantage than as it may be an inducement to the court to make a similar decree.

CHAPTER VIII.

OF EXAMINATION OF WITNESSES.1

In the several proceedings which we have hitherto had occasion to enumerate, as applicable to our courts of equity, the reader has perceived a great resemblance in substance, though generally a difference in form, to those used in our courts of common law. But in the examination of witnesses, a material difference prevails, both in form and effect. The examinations in courts of law being ore tenus, in the presence of the judge and the court; and impromptu at the time of trial; whilst that in the courts of equity, agreeably to the civil law, is conducted in private, and upon interrogatories or questions in writing previously framed for the purpose.

If the witnesses reside within twenty miles of London, this examination is taken before a public officer appointed by the court for that particular purpose; but if they reside beyond that distance, a commission or dedimus potestatem is granted to four commissioners (two nominated by each party) authorizing them to take the depositions of the several witnesses at the respective places of their residence.

1The English practice in relation to the examination of witnesses and the preparations of causes for hearing has been greatly modified in all of the United States. The student must look to the local statutes.

A Commission to examine Witnesses in Chancery.

George the Third, by the grace of God, of Great Britain,

France, and Ireland, King, Defender of the Faith, and so forth, to Samuel Johnson, Mayat Edwards, William Mason, and Peter Warne, greeting:

Know ye, that we, in confidence of your prudence and fidelity, have appointed you, and by these presents do give unto you, any three or two of 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 James Willis, complainant, as on the part of Edward Willis and William Willis, defendants, or either of them; 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, upon the holy evangelists; and that you do take such their examinations, and reduce them into writing on parchment; 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 first specified in the schedule hereunto annexed; and we do give you, any three, two, or one of you, full power and authority, jointly or severally, to administer such oath to the rest or any other of you, upon the holy evangelists; and we further command that all and every the clerk or clerks employed in taking, writing, transcribing, or ingrossing

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 be present at such examination, severally take the oath last specified in the said schedule annexed; and we also give you, or any of you, full power and authority, jointly and severally, to administer such oath to such clerk or clerks, upon the holy evangelists.

Witness ourself at Westminster, the in the 36th year of our reign.

Indorsed, "By order of court."

day of

ARDEN,
WINTER.

Label.-To Samuel Johnson, Mayat Edwards, William Mason, and Peter Warne, Gentlemen, any three or two of them to examine witnesses, as well on the part of James Willis, plaintiff, as on the part of Edward Willis and William Willis, defendants, returnable without delay, on fourteen days' notice to the defendants.

ARDEN,
WINTER.

Proper notice having been given to the defendants of the time and place of executing the commission, interrogatories or questions, previously framed and settled, are produced on each side, and separately read to the respective witnesses, and their responses or depositions taken down in writing by the commissioners. Interrogatories should be concise and to the point, not leading or directing. The following is the usual form:

Interrogatories exhibited in Equity.

Interrogatories to be administered to witnesses to be produced, sworn, and examined in a certain cause depending in the high court of chancery, wherein James Willis, by John Willis, his father and next friend, is complainant, and Edward Willis and William Willis, exec