Imágenes de páginas
PDF
EPUB

To examine Creditors.

Between A. B. an infant, by his next friend and others, complainants, and C. D. an infant, by his guardian and others, defendants.

Interrogatories exhibited before

Esq. one of the mas

ters of this honorable court, to be administered to the several creditors of E. F. deceased, late father of the complainant A. B. and of the defendant C. D. in pursuance of the order made on the hearing of the said cause.

1. Did you, or any and what person or persons under whom you claim, at any time, and when, pay, lend and advance any and what sum or sums of money, or sell or deliver any and what goods or things to, or for the use of the said E. F. in his life-time, or do any and what business or work for the said E. F. or how, or in what manner, and upon what occasion, and for what came he the said E. F. to be indebted unto you, or unto such person or persons under whom you claim? Declare as you know and believe.

2. Did he, the said E. F. give, acknowledge or make unto any person, and whom, any and what security or securities, for all, or any and what part of such moneys so lent and advanced, goods or things sold and delivered, or business or work done, or any of them as aforesaid, or otherwise, and how? was, or were the security or securities, if any, so given or executed at the time they respectively bear date, or at any other, and what time in particular? Declare, &c.

3. Was all, and every, or any and what part of the money in the said security or securities mentioned, or intended to be secured thereby, or which you now claim or pretend to be due to you, really and truly lent, advanced and paid to the said E. F. or any other person, and whom, for his use, and where, and when, and at what time respectively, and by whom, and in whose presence? Did you, or did you not, for any time, and how long, keep back or return all, or any, and what part thereof in your hands, or in the hands of any other person, and who by name, by or with your privity, and why and upon what occasion? Declare according to the best of your knowledge and belief herein.

4. Was and were the goods and things, or the business or work for which the said security or securities (if any) were given, or for which you no claim payment or satisfaction, really and truly sold to, or

done or performed for the said E. F. and by his order, and by whom and for whom, and when, and where respectively, and in whose presence, or otherwise and how? Declare, &c.

5. Have you, or any other, and who by name, with your privity and consent, or direction, or for your use, or in trust for you, at any time or times, and when, and in any and what manner, and where, and in whose presence, or otherwise had or received, or been allowed, or have set off, or ought as you know or believe, or can recollect, to allow, deduct or set off any and what sum or sums of money, or any other and what payment, satisfaction, deduction or allowance, and how and what manner, and by what means, if, or for, or towards any and what part of the money in the said security or securities mentioned, or intended to be hereby to be secured, or otherwise claimed or pretended to be due to you, or by or from the said E. F. or his estate? How much, after all just allowances and deductions, is really and truly now owing and remaining due to you by the said E. F. or from or out of his estate, upon the said security or securities as aforesaid, or any and which of them, or otherwise, and how, and why? Declare according to the best of your knowledge and belief.

6. Was, or were, any and what judgment or judgments, entered up against the said E. F. in his life-time, in any and what court or courts, at the suit of any persons, and whom, or any and what debt or debts, sum or sums of money, due or owing by or from the said E. F. in his life-time or times, and when in particular, assigned to you or any persons, and whom, in trust for you? Did you, at the time of assigning any such judgment, debt or sum, or at any other and what time, pay the person assigning the said judgment or judgments, debt or debts, sum or sums of money, or any other person, and whom for his or their use, any and what sum or sums of money for, or in consideration of such assignments respectively? Was, or were the sum or sums of money mentioned in the respective assignments of such judgments, debts and moneys, to have been paid as the consideration of such respective assignments, and every part thereof, or any other and what sum really and truly paid and advanced by you, or upon account of such assignments respectively; or did you return, or pay back any,. and what part of such sum or sums of money, to the person or persons who so assigned the said judgment or judgments, debt or debts, sum or sums of money, or not? Declare, &c.

An interrogatory for the complainant's examination, pursuant to the decree made in the cause.

Between A. B. complainant, and C. D. and others defendants.

Have you, or any other, and what person or persons, and who by name, at any time or timés, and when, had or made, or caused to be had or made, and by whom, or been at any time or times, and when and where present, at the making of any and what inventory or appraisement, inventories or appraisements, of all and every, or any and what part of the goods and chattels, credits and personal estate of F. F. deceased; and what is become thereof, and of every part thereof; and where, and in whose hands or power is or are now, or late was, or were the same as you know or believe? whether was any or what part of the goods, chattels, credits, things, and personal estate of the said E. F. and of what kinds and qualities respectively, omitted out of, or neglected or refused to be inserted in such inventories and appraisements; or either and which of them, as you know or believe; and if by your privity or not, or by or with the order, privity or direction of any other, and what person or persons, as you know or believe? whether was any, and what part or parts of the goods and particulars mentioned in such inventories or appraisements, or either and which of them, anywise, and how much in each particu lar under-valued, and appraised below the real values thereof, as you know or believe; and was the same done by the direction or approbation, or with the privity of you, or any other person or persons, and whom, as you know or believe? what was, or were the full, utmost and real value and values of all and every such particular and particulars, as was or were so under-valued or omitted, as you know or believe?

A seaman died intestate; a bill brought by an only sisler against his widow and the agents for her distributive share. Interrogatory in that case.

Did you know A. B. late on board the ship of war called the Essex, commanded by Esq. now deceased, and in the pleadings in this cause named, in his life-time, or not? if yea, how long did you so know him before his decease, and when and where did he die? and were you for any time, and what time, on board any, and

what ship, with him, and in what capacity; and intimately, or other wise, and how acquainted with him and his family, or with any, and which of them, or not? Set forth according to the best of your knowledge, remembrance, and belief herein, and with the reasons and circumstances thereof, fully and at large.

Did you know the said A. B. in the preceding interrogatories named, and his father and mother, brother and sister, brothers and sisters, and his family, kindred and relations, or any, and which of them, or not? if yea, how long did you know, and how and what means in particular came you to know them, or any, and which of them, and where did they severally live and reside? in what capacity, and how did he the said A. B. support himself during your knowledge of him? and have you or have you not, heard the said A. B. in his life-time, say or declare any thing, and what, touching the relations he had; what person or persons was or were his nearest relation, or of kin to him? If yea, set forth what the said A. B. so said or declared, and person or persons was or were his next relation, or of kin to him. Declare all you know, have heard, and do believe, touching the several matters inquired of you by this interrogatory.

To prove the marriage of the complainant from the registry.

Look upon the paper-writing, now produced and shown to you at this time of your examination, and marked with the letter A. Did you compare and examine the same with the register of any, and what county or place, book or books, entry or entries, or not? If yeaDoes the same contain a true copy of such register, book or books, entry or entries, with which you so examined or compared the same, or not? Declare, &c.

For a contempt in not answering the plaintiff's bill.

Did you, and when, appear to the plaintiff's bill exhibited in this court against you? did you appear in pursuance of a subpæna formerly served on you for that purpose; and whether have you seen, perused, or had a copy of the said bill? do you know the contents thereof? how came you to know or understand the contents thereof?

and when did you appear and take a copy of said bill, or had the sight of such copy, or understood the contents thereof? Declare, &c.

2. Whether did you put in your answer to the said bill within the time limited for doing thereof, or have you yet put in your answer thereunto? Declare, &c.

To procure copies of records or decrees.

Is, or are any, and which, of the parchment or paper-writing or writings, now produced and shown unto you at this the time of your examination, marked respectively with the letters, A. B. C. D. &c. a true copy or copies, of any and what record or records, decree or decrees, or any other and what proceedings, in any and what court or courts and did you, or did you not, examine the said copy or copies, or any and which of them, with the original record, decree or decrees, or how and what original paper parchment, book or books, entry or entries; and with whom, and when did you examine the same, and where is or are such original record or records, decree or decrees, or other proceedings now remaining as you know or believe? Declare, &c.

Look upon the several parchments and paper deeds, writings or agreements now produced and shown to you, at the time of your examination, and marked with the respective letters, A. B. C. D. &c. Give an account where and when you found the same, or any and which of them, and in whose custody or power; and whether the same was found and discovered by you among any deeds and evidences, and of any and what person or persons? and did such deeds and evidences, and the said parchment and paper deeds, writings or agreements, or any and which of them, upon your finding the same, appear to be carefully preserved in any closet, bureau, box or boxes, with or without locks and keys to the same? Set forth a full and particular account of the finding of the said produced parchment and paper deeds, writings, or agreements, and-Declare what you know, touching the matters in this interrogatory inquired of.

As to the circumstances of the deceased.

Did you know A. B. late of the county of

and since de

ceased; and how long did you know him before his decease; and

« AnteriorContinuar »